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THE
STATUTES
OF
THE PROVINCE OF UPPER CANADA?
TOGETHER WITH 8U0H
BRITISH STATUTES, ORDINANCES OF QUEBEC, AND PROCLAMATIONS,
AS RELATE TO THE SAU) PROVINCE-
RET18ED AND PRINTED FOR, AND PUBLISHED B7
HUGH C THOMSON AND JAJUCS MACFARLANB.
REVISED BY JAMES NIGKALLS, JUNIOR, ESQUIRE, BARRISTER AT LAW.
KINGSTON, U. C.
PRINTED BY FRANCIS M. HILL.
1831.
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zed by Google ^,
I JL - ■■■■ >^ ^-
L1G.086
JUL 26 1939
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ADVERTISEMENT.
TuK universally acknowledged necessity for a revised edition of the Statutes of Upper Canada has
induced the undersigned to take upon themselves the risk and responsibility of publishing this volume.
In its execution, the utmost care has been taken to give a faithful transcript of the Provincial Laws, as
they have, from time to time, been printed by authority, omitting only such statutes, and clauses of
statutes, as subsequent acts of Parliament have repealed, and those that have expired, — ^retaining,
however, the titles of said acts, and giving, where necessary, a brief summary of their provisions.
The index and notes of reference have cost the Grentleman who prepared them no inconsiderable degree
of attention and labor, and the Publishers trust they will be found very accurate.
This work, it will be perceived, contains several British acts, and one proclamation, which never
appeared in any former edition of the Provincial statutes, the utility of which will be discovered by
every attentive reader. All the British laws affecting Canada, passed anterior to the date of our
constitutional act, will be found at the commencement, and those enacted since that period, at the
end of the volume.
The Publishers will merely add, that all who subscribe for this edition of the Statutes shall be
furnished with the future acts of the Provincial Legislature at a moderate price, printed in the same
uniform style, and at as early a period as possible after each prorogation of Parliament.
H. C. Thobcson,
Jabiss Macfarlane.
KorosTOff, Uppsm Canada, 18S1.
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BRITISH STATUTES,
RELATING TO THE PROVINCE OF UPPER CANADA,
TOOKTBER WITH
ORDmAHCU OF THIS liATB FROVIHCB OF <iinBBKCt
Am) TRS
PROCLAMATIONS OF LORD DORCHESTER AND GOV. SIMCOE.
PASSED IN THE FIFTH YEAR OF GEORGE II.
CHAPTER Vll.
An ad far the mare easy recovery of debts in his Majesty^ s plantations and colonies
in America.
Wrkibas his Migeety's subjects trading to the British plaiitati<ms in America lie under
great difficulties, for want of more easy methods of proving, recovering, and levying of
debts due to them, than are now used in some of the said plantations ; and whereas it wUl
tend v^7 much to the retrieving of the credit formerly given by the trading sul^ects of
Great Britain to the natives and inhabitants of the said plantations, and to the advancing of
the trade of this kingdom thither, if such inconveniences were remedied ; may it therefore
please your Majesty that it may be enacted, and be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the lords spiritual and temporal and com*
mons, in this present parliament assembled, and by the authority of the same. That from
Mid after the twenty-ninth day of September which shall be in the year of our Lord one ^\^'^' ^^
thousand seven hundred and thirty-two, in any action or suit then depending, or thereafter red here onoShbcSm
to be brought in any court of law or equity in any of the said plantations, for or relating to * cWef magiitrate.
any debt or account, wherein any person residing in Great Britain shall be a party, it shall
and may be lawftil to and for the plaintiff X)r defendant, and also to and for any witness to
be examined or made use of in such action or suit, to verify or prove any matter or thing
by affidavit or affidavits in writing upon oath, or in case the person making such affidavit
be one of the people called Quakers, then upon his or her solemn affirmation, made before '
any mayor or other chief magistrate of the city, borough or town corporate in Great Bri-
tain, where or near to which the person making such affidavit or affirmation shall reside,
and certified and transmitted under the common seal of such city, borough or town corpo-^
rate, or the seal of the office of such mayor, or other chief magistrate, which oath and solemn
affirmation every such mayor and chief magistrate shall be and is hereby authorized and
empowered'to administer ; and every affidavit or affirmation so made, certified and trans-
mitted, shall in all such actions and suits be allowed to be of the same force and effect, as
if the person or persons making the same upon oath or solemn affirmation as aforesaid, had
appeared and sworn or affirmed the matters contained in such affidavit or affirmation viva
voce in open court, or upon a commission issued for the examination of witnesses, or of
any party in such action or suit respectively ; provided that in every such affidavit and
affirmation there shall be expressed the addition of the party making such affidavit or
affirmation, and the particular place of his or her abode.
11. And be it further enacted by the authority aforesaid, That in all suits now depending, JMHb to his Majeity
or hereafter to be brought in any court of law or equity by or in behalf of his Msgesty^ his SuL mi£!^r^ "" ^^
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BRITISH STATUTES.
PaHftyMfrlf6M«li^
Lnds, luMiMs, vegrpM,
lie. in the puntatioiis
liable to saUsfy debts.
helm and successors. In any of the said plantations, for or relatii^ to anj debt or accomit,
that his Majesty, his heirs and successors, shall and may prore his and their debts and
accounts, and examine his or their witness or witnesses by affidavit or affirmation in like
manner as any subject or subjects is or are empowered or may do by this present aet.
III. Provided always, and it is hereby further enacted. That if any person making such
affidavit upon oath or solemn affirmation as aforesaid, shall be guilty of falsely and wilfully
swearing or affirming any matter or thing in such affidavit or affirmation, which, if the same
had been sworn upoQ an examination in the usual form, would have amounted to wilful
and corrupt perjury, every person so offending being thereof lawfully convicted, shall incur
the same penalties and forfeitures as by the laws and statutes of this realm are provided
against persons convicted of wilful and corrupt perjury.
IV. And be it further enacted by the authority aforesaid. That from and after the said
twenty-ninth day of September one thousand seven hundred and thirty-two, the houses,
lands, negroes, and other hereditaments and real estates, situate or being within any of tiie
said plantations belonging to any person indebted, shall be liable to and chargeable with all
just debts, duties and demands of what nature or kind soever, owing by any such person
to his Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof
in like manner as real estates are by the law of England liable to the satisfaction of debts
due by bond or other specialty, and shall be subject to the like remedies, iHt)ceedings and
pocess in any court of law or equity, in any of the said plantations respectively, for seiz-
ing, extending, selling or disposing of any such houses, lands^ negroes and other heredita-
ments and re^ estates, towards the satisfaction of such debts, duties, and demands, and in
like manner as personal estates in any of the said plantations respectively are seined,
extended) sold> or disposed of> for the satisfaction of debtsw
PreiiiDble.
The temtories, iskudfl,
and eoimtrief, in North
Ameriea, belongiog to
Great Britaiis
PASSED IN THE FOURTEENTH TEAR OP GEORGE III.
CHAPTER LXXXIIL
An ad far making more effectual provisumfor the government of the province of Quebec
in North America.
Wherbas his Majesty, by his royal {M*oclamation, bearing date the seventh day of
October, in the third year of his reign, thought fit to declare the provisions which have
been made in re^>ect to ceiiain countries, territories, and islands in America, ceded to his
Majesty by the definitive treaty of peace concluded at Paris on the tenth day of February,
one thousand seven hundred and sixty-three ; and whareas by the arrangements made by
the said royal proclamation, a very large extent of country, within which there were several
colonies and settlements of the subjects of France, who claimed to remain therein under
the faith of the said treaty, was left, without any provision being made for the administration
of civil government therein ; and certain parts of the territory of Canada, where sedentary
fisheries had been established and carried on by the subjects of France, inhabitants of the
said province of Canada, under grants and concessions from the government thereof, were
annexed to the government of Newfoundland, and thereby subjected to regulations incon-
sistent with the nature of such fisheries : May it therefore please your most excellent
Majesty that it may be enacted, and be it enacted by the King^s most excellent Majesty,
by and with the advice and consent of the lords spiritual and temporal and commons, in
this present parliament assembled, and by the authority of the same. That all the territories,
islands, and countries in North America, belonging to the crown of Great Britain, bounded
on the south by a line from the bay of Chaleurs, along the high lands which divide the
rivers that empty themselves into the river Saint Lawrence from those which fall into the
sea, to a point in forty-fivte degrees of northern latitude, on the eastern bank of the river
Connecticut, keeping the same latitude directly west, through the lake Champlain, until,
in the same latitude, it meets the river Saint Lawrence ; from thence up the eastern bank
of the said river to the lake Ontario; thence through the lake Ontario, and the river com-
monly called Niagara ; and thence along by the eastern and southeastern bank of lake
Erie, following the said bank, until the same shall be intersected by the northern boundary,
granted by the charter of the province of Pennsylvania, in case the same shall be so inter-
sected ; and from thence along the said northern and western boundaries of the said province,
Until the said western boundary strike the Ohio ; but in case the said bank of the said lake
dhall not be found to be so intersected, then following the said bank until it shall arrive at
that point of the said bank which shall be nearest to the northwestern angle of the said
provmce of Pennsylvama ; and thence, by a right line, to the said northwestern angle of
the said province; and thence along the western boundary of the said province, until it
atrifca the river Ohio ; and along the bank of the said rivev^ westwardy to the banks of the
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BRITISH BTATUTE9.
iisexed to tiM prortBCc
oTQaebee.
Not to albct the bean-
daries of any other ool*
oiiy;
■or to make roid other
rfghtflfonnei^gnuited.
FonBof prorlvioiia
MusMppl, md n<Hriliwftrd^to the eouthern boundary of Ae territory granted lo the mev*
chants ndventurers of England, trading to Hudson^s bay ; and also all such territories,
islands, and ooontries, which have, since the tenth of February, one thousand seven
hundred and 8ixty-tlffee,been made part of the government of Newfoundland, be, and they
are hereby, during his Majesty's pleasure, annexed to, and made part and parcel of the
province of Quebec, as created and established by the said royal proclamation of the seventh
<rf October, one thousand seven hundred and sixty-three^
II. Provided always. That nothing herein contained, relative to the boundary of the
province of Quebec, shall in any wise affect the boundanes of any other colony.
III. Provided always, and be it enacted. That nothing in fliis act contained shall extend,
or be construed to extend, to make void, or to vary or alter any rieht, title, or possession,
derived luider any grant, conveyance, or otherwise howsoever, of or to any lands within
the said province, or the provinces thereto adjoining; but that the same shall remam and
be in fore^ and have effect, as if this act had never been made«
IV. And whereas the provisions, made by the said proclamation, tn respect to the dvil
government of the said province of Quebec, and the powers and authorities given to the ^ti^\^^^
governor and other civil officers of the said province, by the grants and commissions issit- '<«J i» ^^^
ed in eonsequenee thereof, have been found, upon experience, to be inapplic^le to the
state and circumstances of the said province, the inhabitants whereof amounted, at the
conquest, to above sixty-five thousand persons jxrofessing the religion of the church of
Rome, and enjoying an eistablished form of constitution and system of laws, by which their
persons and property had beei^ protected, governed, and ordered, for a long series of years,
from the first establishment ot the said province of Canada ; be it therefore further enacted
by the authority aforesaid, That the said proclamation, so far as the same relates to the
said province of Quebec, and the commission under the authority whereof the government
of the said province is at present administered, and all and every the ordinance and ordi-
nances made by the governor and council of Quebec for the time being, relative to the civil
government and administration of justice in the said province, and all commissions to
judges and other officers thereof, be, and the same are hereby revoked, annulled, and
made void, from and after the first day of May, one thousand seven hundred and seventyi-
five.
V. And, for the more perfect security and ease of the minds of the inhabitants of the
said province, it is hereby declared, That his Majesty's subjects, professing the reUgion
of th^ church of Rome of and in the said province of Quebec, may have, hold, and enjoy,
the free exercise of the religion of the church of Rome, subject to the King's sujH^macy,
declared and established by an act, made in the first year of the reign of Queen Elizabeth,
over all the dominions and countries which then did, or thereafter should belong, to the
imperial crown of this realm ; and that the clergy of the said church may hold, receive,
and enjoy, their accustomed dues and rights, with respect to such persons only as shall
profess the said religion.
VI. Provided nevertheless. That it shall be lawfijl for his Majesty, his heirs or sue- P^^SJ^'^^H"^
eessors, to make such provision out of the rest of the said accustomed dues and rights, for support J^^ prote^
the encouragement of the protestant religion, and for the maintenance and support of a
protestant clei^ within the said province, as he or they shall, from time to time, thiok
necessary and expedient.
VII. Provided always, and be it enacted, That no person, professing the religion of the
church of Rome, and residing in the said province, shall be obliged to take the oath re-
quired by the said statute passed in the first year of the reign of Queen Elizabeth, or any
other oaths substituted by any other act in the place thereof; but that every such person but to tdce. before the
who, by the said statute is required to take the oath therein mentioned, shall be obliged, Klrft^oiStli * *^* ^^'
and is hereby required, to take and subscribe the following oath before the governor, or
such other person in such court of record as his Majesty shall appoint, who are hereby
authorized to administer the same ; videlicet :
" I, A. B., do sincerely promise and swear, That I will be faithful, and bear true aUegi- TheooUi.
ance to his majesty King Greorge, and him will defend to the utmost of my power, against
all traitorous conspiracies, and attempts whatsoever, which shall be made against his person,
crown, and dignity ; and I will do my utmost endeavor to disclose and make known to his
Majesty, his heirs and successor, all treasons, and traitorous conspiracies, and attempts,
which 1 shall know to be against him, or any of them ; and all this I do swear without any
equivocation, mental evasion, or secret reservation, and renouncing all pardons and dis-
pensations from any power or person whomsoever to the contrary. So help me God."
And every such person, who shall neglect or refuse to take the said oath before mentioned, - ^*>JJ |>J^^v* t*to
shall incur and be liable to the sapie penalties, forfeitures, disabilities, and incapacities, as tf^ pc^LdOet'V^tiot
he would have incurred and been liable to for neglecting or refusing to take the oath Bi>«*
required by the said statute passed in the first year of the reign of Queen Elizabeth.
Inhobitaiitf of <iaebeo
may profoM the Bom-
ish religMm, subjeet to
tho King's sapremoey,
•sbyoetUtiais. ;
•Bd tho tkrgf CDJoy
their aooottomed dues.
No permn prafeMiog
the Komidi religion
obliged to take the oath
ofUtElis.;
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BRITISH STATUTES.
HisMigesty's Canadian
anbjecta (religicms or-
ders ezceptM) may
hold all tnieir potaea-
tions, &e.
and in matten of eon-
troveny, resort to be
had to the laws ofOt-
Hada for the decision.
Not to extend to lands
l^ranted by his Majesty
in Common soccage.
Owners of goods may
alienate the same by
will, &e.
if executed according
to the laws of Canada.
Criminal law of Eng-
land to be continued in
the proTince.
His Majesty may ap-
point a council for the
aflkdrs of the proyfaiee ;
which council mav
make ordinances with
consent of the goyemor.
The council are not em-
powered to lay taxes.
Public roads or build-
ings excepted.
Ordinances made to be
laid before his Majesty
for his approbation.
VIII. Andbeitfurtlier enacted by the ttuthoritjr aforesaid, TbathmMqeaty'aCaaadiaA
subjects, within the province of Quebec, the religious orders and communities only ex-
cepted, may also hold and enjoy their property and possessions, together with all customa
and usages relative thereto, and all other their civil rights, in as larae, amide,.and beneficial
joaanner, as if the said proclamation, commissioijis, ordinances, and other acts and instruments,
had not been made, and as may consist with their allepance to his Mijesty, and subjeotioii
to the crown and parliament of Great Britain ; and that m all matters of ecmtroversy , relative
to property and civil rights, resort shall be had to the laws of Canada, aa the rule for the
decision of the same ; and all causes that shall hereafter be instituted in any of the oeurta
of justice, to be appointed within and for the said province, by his Majesty, his heirs and
successors, shall, with respect to such property and rights, be determined agreeably to the
said laws and customs of Canada, until they shall be varied or altered by any ordinances
diat shall, from time to time, be passed in the said province by the governor, lieutenant
governor, or commander in chief, for the time being, by and with the advice and consent
of the legislative council of the same, to be appointed in manner hereinafter mentioned.
IX. Provided always, That nothing in this act contained shall extend, or be construed
to extend, to any lands tibat have been granted by his Msyesty, or shall hereafter be j^anted
by his Majesty, his heirs and successors, to be holden in free and common soecage*
X. Provided also. That it shall and may be lawful to and for every person that is owner
of any lands, goods, or credits, in the said ]»*<mnce, and that has a right to alienate the
said lands, goods, or credits, in his or her life-tune, by deed of %ale, gin, or otherwise, to
devise or bequeath the same at his or her death, by his or her last wSi and testament;
any law, usage, or custom, heretofore or now prevailing in the province, to the e<mtrary
hereof in any wise notwithstanding ; such will being executed, either according to the
laws of Canada, or according to the forms prescribed by the laws of England.
XI. And whereas the certainty and lenity of the criminal law of £nc^d, and the
benefits and advantages resulting from the use of it, have been sensibly fell by the inha-
bitants, from an experience of more than nine years, during which it has been uniformly
administered ; be it therefore further enacted by the authority aforesaid. That the same
shall continue to be administered, and shall be observed as law in the province of Quebec,
as well in the description and quality of the ofience as in the method of prosecution and
trial ; and the punishments and forfeitures thereby inflicted to the exclusion of every other
rule of criminal law, or mode of proceeding thereon, which did or might prevail in the
said province before the year of our Lord one thousand seven hundred and sixty-four,
any thing in this act to the contrary thereof in anv respect notwithstanding ; subject
nevertheless to such alterations and amendments as the governor, lieutenant governor, or
commander in chief for the time being, by and with the advice and consent of the legislative
council of the said province, hereafter to be appointed, shall, from time to time, cause to
be made therein, in manner hereinafter directed.
Xil. And whereas it may be necessary to ordain many regulations for the future welfare
and good government of the province of Quebec, the occasions of which cannot now be
foreseen, nor, without much delay and inconvenience, be provided for, without intrusting
that authority, for a certain time, and under proper restrictions, to persons resident there ;
and whereas it is at present inexpedient to call an assembly ; be it therefore enacted by
the authority aforesaid. That it shall and may be lawful for his Msuesty, his heirs and
successors, by warrant under his or their signet or sign manual, and with the advice of
the privy council, to constitute and appoint a council for the a£fairs of the province of
Quebec, to consist of such persons resident there, not exceeding twenty-three, nor less
than seventeen, as his Majesty, his heirs and successors, shall be pleased to appoint ; and,
upon the death, removal, or absence of any of the members of the said council, in like
manner to constitute and appdint such and so many other person or persons as shall be
necessary to supply the vacancy or vacancies ; which council, so appointed and nominated,
or the major part thereof, shall have power and authority to make ordinances for the
peace, welfare, and good government, of the said province, with the consent of his Ma-
jesty's governor, or, in his absence, of the lieutienant governor, or commander in chief
for the time being.
XIII. Provided always. That nothing in this act contained shall extend to authorize or
empower the said legislative council to lay any taxes or duties within the said province,
such rates and taxes only excepted as the inhabitants of any town or district within the
said province may be authorized by the said council to assess, levy, and apply, within the
said town or district, for the purpose of making roads, erecting and repainng public build-
ings, or for any other purpose respecting the local convenience and economy of such town
or district.
XIV. Provided also, and be it enacted by the authority aforesaid, That every ordinance
so to be made, shall, within six months, be transmitted by the governor, or, in his absence,
by the lieutenant governor, or commander in chief for the time being, and laid before hb
Digitized by VnUOy IC
BRITISH STATUTES.
U^6e^ for his rojrd approbatkm ; and if his Majesty shidl think fit to disaUow thereof,
the same shall cease and be void froiQ the time that his Majesty's order in council there-
opon shall be promulgated at Quebec.
XV. Provifted also^ That no ordinance touching relmon, or by which any punishment
may be inflicted greater than fine or imprisonment for three months, shall be of any force
er effiset, until the same shall hare received his Mqesty's approbation.
XVI. Provided also, That no (»dinance shall be passed at any meeting of the council
where less than a ms^ority of the whole council is present, or at any time except between
the first day of January and the first day of May, unless upon some urgent occasion, in
wfakh case every member thereof reudent at Quebec, or within fifty mues tliereof, shall
be personally summoned by the governor, or, in his absence, by the lieutenant governor,
«r commander in chief for the time being, to attend the same.
XVII. And be it further enacted by the authority aforesaid. That nothing herein con*
tained shall extend, or be construed to extend, to prevent or hinder his Majesty, his heirs
and successors, by his or their letters patent under the great seal of Great Britain, firom
erceting, constituting, and appointing, such courts of criminal, civil, and ecclesiastical
jurifldietion within and for the said province of Quebec, and appointing, firom time to time,
the judges and officers thereof, as his Majesty, his heirs and successors, shall think necessary
and proper, for the circumstances of the said province.
XVIII. Provided always, and it is hereby enacted. That nothing in this act contained
shall extend, or be consti%ed to extend, to repeal or make void, within the said province
of Quebec, any act or acts of the parliament of Great Britain heretofore made, for prohi-
bitii^, restraining, or regulating the trade or commerce of his Majesty's colonies and
plantations in An^rica ; but that all and every the said acts, and also all acts of parliament
heretofin'e made concerning or respecting the said colonks and plantations, shall be, and
are hereby declared to be in force within the said province of Quebec, and every part
thereof.
OrdinancM tOQchiiig
rriigion not to be ui
force withoQt hii Ma-
jesty's approbation.
When ordinances are
to be passed by a ma-
jority™
Notbin^ to binder bit
Migesty to constitute
courts of criminal, ciTil,
and ecclesiastical ju-
risdiction.
AH acts formerly i
are bereby enforced
within the prorinee.
FMarnUe.
Certain dnties imposed
by his most Chnstaaa
Migesty npon rum»
brandy, &e. imported
> qn. •
into Quebec,
PASSED IN THE FOURTEENTH YEAR OF GEORGE III.
CHAPTER LXXXVIII.
An act to establish a fund towards further defraying the charges of the administration
of justice^ and support of the dvU government unthin the province of Quebec in
America.
Wbsbsas certain duties were imposed, by the authority of bis most Christian Majesty,
upon wine, rum, brandy, eau de vie de liqueur, imported into the province of Canada, now
called the province of Quebec, and also a duty of three pounds per centum ad valorem^
upon all dry goods imported into, and exported from, the said province, which duties
subsisted at the time of the surrender of the said province to your Majesty's forces in the
late war : And whereas it is expedient that the said duties should cease and be discontinued,
and that in lieu and in stead thereof, other duties should be raised by the authority of
parliament, for making a more adequate provision for defraying the charge of the admi*
Distration of justice, and the support of civil government in the said province : We, your
Majesty's most dutiful and loyal subjects, the commons of Great Britain, in parliament
assembled, do most humbly beseech your Majesty that it may be enacted, and be it enacted
by the King's most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal and commons, in this present parliament assembled, and by the
authority of tihe same. That from and after the fifth day of April, one thousand seven
hundred and seventy-five, all the duties which were imposed upon rum, brandy, eau de vie
de liqueur, within me said province, and also of three pounds per centum ad valorem^ on
dried goods imported into, or exported from, the said province, under the authority of his
most Christian Majesty, shall be, and are herebv discontinued ; and that in lieu and in J»^ fJSi"*^ *dnties to
stead thereof, there shall, from and after the said fifth day of April, one thousand seven beVudX^ uS Majesty,
hundred and seventy-five, be raised, levied, collected, and paid, unto his Majesty, his heirs
and successors, for and upon the respective goods hereinafter mentioned, which shall be
imported or brought into any part of the said province, over and above all other duties now
payable in the said province, by any act or acts of parliament, the several rates and duties
following; that is to say :
For every gallon of brandy, or other spirits, of the manufacture of Great Britain, three
pence.
For every gallon of rum, or other spirits, which shall be imported or brought from any
of hb Majesty's sugar colonies in the West Indies, six pence.
For every gallon of rum, or other spirits, which shall be imported or brougjbt from any
other of his Majesty's colonies or dominions in America, nine jpence.
after April 6, 1775, to
be discontinaed witbia
tbe proTuice,
Tbe rates.
Digitized by
Google
10 BRITISH BTATOTES.
For ererjr galloii of fore%ii brandy, or other epiilts, of toreiffk manuAielurdy tDip(«led or
brought from Great Britain, one shiUing.
For every gallon of rum, or spirits, of the produce or manufacture of any of the coloiiiea
or {dantations in America, not m the possession or under the dominion of his Majesty^
imported from any other place, except Great Britain, cMie shilling.
For every gallon of molasses and syrups, which shall be imported or brouf^t into the
said province, in ships or vessels belonging to his Majesty's subjects in Great Britain or
Ireland, or to his Majesty's subjects in the said province, three pence.
For every gallon of molasses and syrups, which shall be imported or hrou^t into the
said province, in any other ships or vessels, in which the same may be legidly imported,
six pence ; and after those rates, for any greater or less quantity of such goods respectively*
lutes deeaed ■tgtog H. And it is hereby further enacted by the authority afn-esaid, That the said rates and
mooeyofGreatBiitaiiii ^Q^^g^ chained by this act, shall be deemed, and are hereby declared to be, sterling money
of Great Britain, and shall be collected, recovered, and paid, to the amount of the v«bie
which such nominal sums bear in Great Britain; and that such monies may be received
and taken according to the proportion and value of five shillings and six peaee the euBoe
^kd. It? *^ ^^^ in silver; and that the said duties, hereinbefore granted, shall be raised, levied, eolleeled,
^'^ paid, and recovered, in the same manner and form, and by such rules, ways, and meana,
and under such penalties and forfeitures, except in such cases where any alteration is made
by this act, as any other duties payable to his Mcgesty Upon goods imported into any
British colony or ^antation in America are, or shall be raised, levied, collected, paid, and
recovered, by any act or acts of parliament, as fully and effectually, to all intents and
purposes, as if the several clauses, powers, directions, penalties, and forfeitures, relating
thereto, were particularly repeated and again enacted in the body of this present act; and
towhomUwyftrotobe f]^^ ^ i)^ monies that shall arise by the said duties, (except the necessary charges of
' raising, collecting, levying, recovering, answering, paying, and accounting for the same,)
shall be paid by the coUectoi of his Majesty's customs into the hands of his Majesty's
and iiow to be appUed. ^^ecciver general in the said province for the time being, and shall be apjplied, in the first
place, in making a more certain and adequate provision towards defraying the expenses
of the administration of justice, and of the support of civil government, in the said province ;
and that the lord high treasurer, or commissioners of his Majesty's treasury, or any three
or more of them for the time being, shall be, and is or are hereby empowered, from time
to time, by any warrant or warrants under his or their hand or hands, to cause such money
to be appUed out of Jthe said produce of the said duties towards defraying the said expenses ;
and that the residue of the said duties shall remain and be reserved in the hands of the
said receiver general, for the future disposition of parliament
**^*^*^i>drbTOu*ht ^^^' ^^^^ ** ^ hereby further enacted by the authority aforesaid, That if any goods
wto^tiM ^province ^ chargeable with any of the said duties hereinbefore mentioned shall be brought into the
g^wW«witiutijdB- gaid province by land carriage, the same shall pass and be carried throu^ the port of Saint
*^ ""^ John's, near the river Sorrel ; or if such goods shall be brought into the said province by
any inland navigation, other than upon the river Saint Lawrence, the same shall pass and
be carried upon the said river Sorrel, by the said port, and shall be there entered with,
and the said respective rates and duties paid for the same, to such officer or officers of his
Majesty's customs as shall be there appointed for that purpose ; and if any such goods
coming by land carriage, or inland navigation, as aforesaid, shall pass by or beyond the
said place before named, without entry or payment of the said rates and duties, or shall be
brought into any part of the said province, by or through any other place whatsoever, the
said goods shall be forfeited ; and every person who shall be assisting, or otherwise con^
cemed in the bringing or removing such goods, or to whose hands the same shall come,
knowing that they were brought or removed contrary to this act, shall forfeit treble the
value of such goods, to be estimated and computed according to the best price that each
respective commodity bears in the town of Quebec, at the time such offence shall be com-
mitted ; and all the horses, cattle, boats, vessels, and other carriages whatsoever, made
use of in the removal, carriage, or conveyance of such goods, shall also be forfeited and
lost, and shall and may be seized by any officer of his Majesty's customs, and [Hrosecuted,
as hereinafter mentioned.
^*''***!Sre^be'^*'*' ^^' "^^^ ^^ ^® hereby further enacted by the authority aforesaid. That the said penalties
e«tedfor, ite. ^"^ and forfeitures by this act inflicted, shall be sued for and prosecuted in any court of admi-
ralty, or vice admiralty, having jurisdiction within the said province, and the same shall
and may be recovered and divided in the same manner and form, and by the same rules
and regulations, in all respects, as other penalties and forfeitures for ofiences against the
laws relating to the customs and trade of his Majesty's colonies in America shall or may,
by any act or acts of parliament be sued for, prosecuted, recovered, and divided.
Any penoB keeping ft ^* "^^^ ^^ ^^ further enacted by the authority aforesaid, That there shall, from and
^Mttent t**^*"*^?i& ^^^ *^® ^^^ ^^y ^^ April, one thousand seven hundred and seventy-five, be raised, levied,
foraiiomiM!^^ collected, and paid, unto bis Majesty's receiver general of the said jn'ovince, for the use
Digitized by
vjoogle
BRITIBH STATUTES.
11
of fab Majesty, fab keira and Buceessors, a dutr of one pound Blxteen BfaflUngGL eterling
monej of Great Britain, for every license that shall be granted by the governor, lieutenant
governor, or commander in chief of the said province, to anv person or persons for keejHng
a hcmse or any other place of public entertainment, or for the retailing wine, brandy, rum,
or any other spirituous liquors, within the said province ; and any person keeping any such
house or place of entertaimnent, or retuHng any such liquors without such license, shall
forfeit and pay the sum of ten {bounds for every such offence, upon conviction thereof; one
moiety to such person as shall inform or prosecute for the same, and the other moiety shall
be paid into the himds of the receiver general of the province, for the. use of his Majesty.
VI. Provided always, That nothing herein contained shall extend, or be construed to
extend, to discontinue, determine, or make void, any part of the territorial or casual re-
venues, fines, rents, or profits whatsoever, which were reserved to, and belonging to, his
most Christian Majesty, before and at the time of the conquest and surrender thereof to
his Majesty the King of Xlreat Britain ; but that the same, and every of them, shall remain
and be continued to be levied, collected, and paid, in the same manner as if this act had
never been made ; any thing therein contained to the contrary notwithstanding.
VII. And be it further enacted by the authority aforesaid. That if any action or suit
shall be commenced against any person or persons for any thing done in pursuance of this
act, and if it shall appear to the court or judge where or before whom the same shall be
fried, that such aetion or suit is brought for any thing that was done in pursuance of and
by the authority of this aA, the defendant or defendants shall be indemnified and acquitted
for the same ; and if such defendant or defendants shall be so acquitted, or if the plaintiff
jriMA discmitinue such acticm or suit^ such court or judge shall award to the defendant or
defendants treble costs^
Penalt joT J&lOfor eTery
Not to
French KTCiines, &c.
reserved al
•nt to this ftc^
defendanta to hare tre-
PASSED IN THE EIGHTEENTH YEAR OF GEORGE IIL
CHAPTER XIL
An act for remontng all doubts and apprehensions concerning taooaiion by the parUament
of Great Britain in any of the colonies^ provinces^ and plantations in North America
and the West Indies; and for repealing so much of an acty made in the seventh year
of the reign of his present Majesty y as imposes a duly on tea imported from Qreal
Britain into any colony or plantation in Americay or relates thereto.
^^ Whsbxab taxation by the parliament of Great Britain, for the purpose of raising a Preamble,
reyenue in his Majesty's colonies, provinces, and plantations in North America, has been
found by expmence to occasion great uneasinesses and disorders among his Majesty's
faithful sfiAjecta, who may neyertheless be disposed to acknowledge the justice of contri-
buting to the common defence of the empire, provided such contribution should be raised
under the ai^ority of the general court, or general assembly of each respective colony,
province, or }dantation : And whereas, in order as well to remove the said uneasinesses,
and to quiet the minds of his Majesty's subjects who may be disposed to return to their
allegiance, as to restore the peace and welfare of all his Majesty's dominions, it is expedient
to declare that the King and parliament of Great Britain will not impose any duty, tax, or
assessment, for the purpose of raising a revenue in any of the colonies, provinces, or
plantations :" May it please your Majesty that it may be declared and enacted, and it is
hereby declared and enacted by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal and commons, in this present parliament
assembled, and by the auttiority of the same^ That from and after the passing of this act,
the King and parUament of Great Britain will not impose any duty, tax, or assessment
whatever, payable in any of his Majesty's colonies, provinces, and plantations in North
America or the West Ii^es, except only such duties as it may be expedient to impose
for the regulation of commerce ; the nett produce of such duties to be always paid and
applied to and for the use of the colony, province, or plantation, in which the same shall
be respectively levied, in such manner as other duties collected by the authority of the
respective general coiuls, or general assemblies of such colonies, provinces, or plantations,
are ordinarily paid and applied.
IL And be it further enacted by the authority aforesaid. That from and after the passing
of this aet, so much of an act, made in the seventh year of his present Majesty's reign,
entitled, An act for granting certain duties in the British colonies and plantations in Ame-
rica; for allowing a drawback of the duties of customs upon the exportation from this
kingdom of coffee and cocoanuts of the produce of the said colonies or plantations;
for discontinuing the drawbacks payable on China earthenware exported to America ; and
for more effectually preventing the clandestine running of goods in the said colonies and
plantations, as imposes a duty pn tea imported from Great Britain into any colony or
jplantatioo in America, or has relation to the said duty, be, and the same is hereby repealed
Digitized by
No tax to be hereafter
imposed, by the King
and paritament of Great
Britain, on any of the
colonies in North Ame-
rica or the West In-
dies; except, &c.
So mnch of an act of
7th C^eo. III. as impo-
ses adatyonteainuMMT-
ted from Great Britain
into America, repeakd.
Google
M
BRITISH STATUTES.
Preamble.
From Ang. 1, 1790, tub-
jects of ttie V. S3tate« of
Ameriea, ■«ttliiig;m the
Hahaimi islaiids, Itc.
may import mgroef ,
fte. doty free, to the
ralne herein flpeeified,
fcc.
Salea of negroes, fte.
ao imported, within
twelTe months, to be
roid.
AH white pereei
ing so to reside, to take
the oath of allegiance,
if upwards of fourteen
years old.
PASSED IN THE THIRTIETH YEAR OF GEORGE HI.
CHAFTEB XXVn.
An ad Jbr encouraging new settlers in his Majesty* s colonies and plantations in America.
Wh£bba8 it is expedient that eocouragement should be given to persons that are disposed
to come and settle in certain of his Majesty's colonies and plantations in America and the
West Indies ; be it therefore enacted by the King's most excellent Majesty, bv and with
the advice and consent of the lords spiritual and temporal and eommonsi in this present
parliament assembled, and by the authority of the same, That, from and afier the first
day of August, one thousand seven hundred and ninety, if any person or persons, being
a subject or subjects of the territories or countries belonging to the United States of Ame*
rica, shall come from thence, together with his or their family or families, to any of the
Bahama, or Bermuda, or Somers islands, or to any oart of the province of Quebec, or of
Nova Scotia, or any of the territories belonging to his Majesty in North America, for the
purpose of residing and settling there, it slrnl be lawful for any such person or persons,
havmg first obtained a licence tor that punpose from the governor, or, in his absence, the
lieutenant governor of the said islands, colonies, or provinces respectively, to import into
the same, m British ships owned by his Majesty's subjects, and navigated aceording to
law, any negroes, household furniture, utensils of husbandry, or clothing, free of duty :
provided always. That such household furniture, utensib of husbandry, and clothing, shall
not in the whole exceed the value of fifty pounds for every white person that shall belong
to such familv, azKl the value of forty shillings for every negro brought by such white
person ; and if any dispute shall arise as to the value of such household furniture, utensils
of husbandry, or clothing, the same shall be heard and determined by the arbitration of
three British merchants at the port where the same shall be imported, one of such British
merchants to be appointed by the governor, or, in his absence, the lieutenant governor of
such island or province, one by the collector of the customs at such port, and one by the
person so coming with his family.
II. And be it farther enacted, That all sales or bargains for the sale of any negro,
household furniture, utensils of husbandry, or clothing, so imp(»ted, which shall be nuide
within twelve calendar months after the importaticm of the same, (except in cases of the
bankruptcy or death of the owner thereof,) shall be null and void to aU intents and purposes
whatsoever*
III. And be ii further enacted, That every white person so coming to reside, if above
the age of fourteen years, shall, and he is hereby required, immediately after his arrival,
to take and subscribe the oatkof allegiance to his Majesty, his heirs and successors, before
the governor, lieutenant governor, or chief magistrate of the [rface where such person
shall arrive, and at the same time swear that it is his intention to reside and settle in such
island or province ; for which oaths such governor, lieutenant governor, or chief magistrate,
shall receive the same fee, and no more, as is payable by law on administering the oath
pf allegiance in cases where the same is now by law required.
cited.
PASSED IN THE THIRTY-FIRST YEAR OF GEORGE III.
CHAPTER XXXI.
A»actto repeal certain parte of an act^ passed in the fourteenth year of his Majesty^s
reignj eniUled^ An act for making mare effectual provision for the government of
the province of Quebec, in North America; and to make further pravieion for the
government of the said province.
p^^^^j^ Whebeas an act was passed in the fourteenth year of the reign of his present Majesty,
i4thGeo.'ilL cSS, re- entitled, An act for making more effectual provision for the government of the province of
***"'' Quebec, in North America : and whereas the said act is in many respects inapplicable to
the present condition and circumstances of the said province : and whereas it is expedient
and necessary that further provision should now be made for the good government and
prosperity thereof: may it therefore please your most excellent Majesty that it may be
enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal and commons, in this present parliament
So much of recited aot assembled, and by the authority of the same, That so much of the said act as in any
!lIe'St*rf lrS»mSr*for manner relates to the appointment of a council for the affairs of the said province of Quebec,
or to the power given by the said act to the said council, or to the major part of them, to
make ordinances for the peace, welfare, and good government of the said province, with
the consent of his Majesty's governor, lieutenant governor, or commander in chief for the
time being, shall be, and the same is hereby repealed. ^ r^r^r-Ar-*^
Digitized byVrjOOQlC
l^oebec, or ita powen»
repealed.
BRITISH STATUTES.
IS
Within each of the In-
tended prorince* a le-
gislative couneil and
assembly to be consti-
tuted, by whose advice
his Majesty may make
iawi for the government
of the province.
His Majesty may au-
thorize tne governor or
lieutenant governor of
^ch province, to sum-
mon members to the le-
gislative council.
' IL And whereas his Majesty has been pleased to signify, by his message to both houses
of parliament, his royal intention to divide his province of Quebec into two separate
provinces, to be called the province of Upper Canada, and the province of Lower Canada ;
be it enacted by the authority aforesaid, That there shall be within each of the said
provinces respectively a legislative council, and an assembly, to be severally composed
and constituted in the manner hereinafter described ; and that in each of the said provinces
respectively, his Majesty, his heirs or successors, shall have power, during the continuance
of this act, by and with the advice and consent of the legislative council and assembly of
such provinces respectively, to make laws for the peace, welfare, and good government
thereof, such laws not being repugnant to this act ; and that all such laws, being passed by
the legislative council and assembly of either of the said provinces respectively, and
assented to by his Majesty, his heirs or successors, or assented to in his Majesty's name,
by such person as his Majesty, his heirs or successors, shall from time to time appoint to
be the governor, or lieutenant governor of such province, or by such person as his Majesty,
his heirs or successors, shall from time la time appoint to administer the government
within the same, shall be, and the same are hereby declared to be, by virtue of and under
the authority ^t this act, valid and binding to all intents and purposes whatever, within
the province in which the same shall have been so passed.
III. And be it further enacted by the authority aforesaid. That for the purpose of coh-
stituting such legislative council as aforesaid, in each of the said provinces respectively,
it shall and may be lawful for his Majesty, his heirs or successors, by an instrument under
his or their sign manual, to authorize and direct the governor or lieutenant governor, or
person administering the government in each of t^e said provinces respectively, within
the time hereinafter mentioned, in his Majesty's name, and by ah instrument under the
great seal of such province, to summon to the said legislative council, to be established
in each of the said provinces respectively, a sufficient number of discreet and proper
persons, being not fewer than seven, to the legislative council for the province of Upper
Canada, and not fewer than fifteen to the legislative council for the province of I^ower
Canada ; and that it shall also be lawfUl for his Majesty, his heirs or successors, from
time to time, by an instrument under his or their sign manual, to authorize and direct Hie
governor or lieutenant governor, or person administering the government in each of the
said provinces respectively, to summon to the legislative council of such province, in like
manner, such other person or persons as his Majesty, his heirs or successors, shall think
fit ; and that every person who shall be so summoned to the legislative council of either
of the said provinces respectively, shall thereby become a member of such legislative
council to which he shall have been so summoned.
IV. Provided always, and be it enacted by the authority aforesaid^ That ho person
shall be summoned to the said legislative council, in either of the said provinces, who
shall not be of the full age of twenty-one years, and a natural born subject of his Majesty,
or a subject of his Majesty, naturalized by act of the British parliament, or a subject of his
Majesty, having become such by the conquest and session of the province of Canada.
V. And be it further enacted by the authority aforesaid. That every member of each
of the said legislative councils shall hold his seat therein for the term of his life, but
subject, nevertheless, to the provisions hereinafter contained for vacating the same, in
the cases hereinafter specified.
VL And be it further enacted by the authority aforesaid. That whenever his Majesty, His Mi^esty may annex
his heirs or successors, shall think proper to confer upon any subject of the crown of *" ** — '"*""
Great Britain, by letters patent under the great seal of either of the said provinces, any
hereditary title of honor, rank* or dignity of such province, descendible according to any
course of descent limited in sucn letters patent, it shall and may be lawful for his Majesty, his
heirs or successors, to annex thereto, by the said letters patent, if his Majesty, his heirs or
fltuccessors, shall so think fit, an hereditary right of being summoned to the legislative
council of such province, descendible according to the course of descent so limited with
respect to such title, rank, or dignity ; and that every person on whom such right shall
be so conferred, or to whom such right shall severally do descend, shall thereupon be
entitled to demand from the governor, lieutenant governor, or person administering the
government of such province^ his writ of summons to such legislative council, at any time
after he shall have attained the age of twenty-one years, subject, nevertheless, to the
provisions hereinafter contained.
YII. Provided always, and be it further enacted by the authority aforesaid. That when
and so often as any person to whom such hereditary right shall have descended, shall, without
the permission of his Mayesty, his heirs or successors) signified to the legislative council
of the {H-ovince by the governor, lieutenant governor, or person administering the govern-
ment there, have been sms^nt from the said province for the space of four years continually,
at any time between the date of his succeeding to such right and the time of his applying
for such writ of summons, if he shall have been of the agie of twenty-one years or upwards
2
Digitized by
No person under tweA-
ty-one years of 4ge, &e.
to be summoned.
Persons naturalized in
Upper Canada may be
summoned to the ieris-
lative council. See 7th
Geo. IV, c 68.
Members to hold theif
e^ts for life.
to hereditary titles of
honor, the nght of be-
ing summoned to the
legislative cooncil.
Such deseeodible right
forfeHed, and
Google
14
BRITISH STATUTES.
•eati in c<miicil vacated
in ccrUin ca«c8.
Hereditary rights and
■caUt so f(»rfeite«l or va-
cated, to remain sus-
pendeil durinij); the lives
of the partiea, but on
their deaths to go to
the persons nc^t enti-
tled thereto.
Sra*.B In council forfeit-
ed, and hereditary
rights extiDguished fr;r
treason.
Questions respceting
the right to be summHa-
ed to such cou'icil, &c.
to be determined as
herein, mentioned.
The governor vf the
pmvince may ai^fioinC
vaAd remoTc the speak-
er.
His Majesty may aif
thi^rize'the goveni'Hr to
calHoscelhersJiu a»«em*
bly.
at the time of his 80 eucceeding, or at any time between the date of his attaining thie said
age and the time of his so applying, if he shall hot have been of the said age at the time of
his so succeeding; and also when and so often as any such person shall at any time, before
his applying for such writ of sununons, have taken any oath of allegiance or obedience
to any foreign prince or power, in every such case such person shall not be entitled to
receive any writ of summons to the legislative council by virtue of such hereditary right,
unless his Majesty, his heirs or successors, shall at any time think fit, by instrument under
his or their sign manual, to direct that such person shall be summoned to the said council ;
and the governor, lieutenant governor, or person administering the government in the
said provinces respectively, is hereby authorized and required, previous to granting such
writ of summons to any person so applying for the same, to interrogate such person upon
oath touching the said several particulars, before such executive council as shall have
been appointed by his Majesty, his heirs or successors, within such province, for the
affairs thereof.
VIII. Provided also, and be it further enacted by the authority aforesaid, That if any
member of the legislative councils of either of the said provinces respectively shall leave
such province, and shall reside out of the same for the space of four years continually,
without the permission of his Majesty, his heirs or successors, signified to such legislative
council by the governor or lieutenant governor, or person administering his Majesty's
government there, or for the space of two years continually, without the like permission,
or the permission of the governor, lieutenant governor, or person administering the
government of such province, signified to such legislative council in the manner aforesaid ;
or if any such member shall take any oath of allegiance or obedience to any foreign
prince or power, his seat in such council shall thereby become vacant.
IX. Provided also, and be it further enacted by the authority aforesaid, That in every
case where n writ of summons to such legislative council shall have been lawfully withheld
from any person to whom such hereditary right as aforesaid shall have descended, by
reason of such absence from the province as aforesaid, or of his having taken an oath of
allegiance or obedience to any foreign prince or power, and also in every case where the
scat in such council of any member thereof, having such hereditary right as aforesaid,
shall have been vacated by reason of any of the causes hereinbefore specified, such here-
ditary right shall remain suspended during the life of such person, unless his Majesty, his
heirs or successoi-s, shall afterwards think fit to direct that he be summoned to such council ;
but that on the death of such person such right, subject to the provisions herein contained,
shall descend to the person who shall next be entitled thereto, according to the course of
descent limited in the letters patent by which the same shall have been originally conferred.
X. Provided also, and be it further enacted by the authority aforesaid. That if any
member of either of the said legislative councils shall be attainted for treason in any court
of law within any of his Majesty's dominions, his seat in such council shall thereby become
vacant, and any such hereditary right as aforesaid then vested in such person, or to' be
derived to any other persons through him, shall be utterly forfeited and extinguished.
XI. Provided also, and be it further enacted by the authority aforesaid. That whenever
any question shall arise respecting the right of any person to be summoned to either of the
said legislative councils respectively, or respecting the vacancy of the seat in such legis-
lative council of any person hanng been summoned thereto, every such question shall, by
the governor or lieutenant governor of the province, or by the person administering the
government there, be referred to such legislative council, to be by the said council heard
and determined ; and that it shall and may be lawful either for the person desiring such
writ of summons, or respecting whose seat such question shall have arisen, or for his
Majesty's attorney general of such province, in his Majesty's name, to appeal from the
determination of the said council, in such case, to his Majesty in his parliament of Great
Britain ; and that the judgment thereon of his Majesty in his said parliament shall be final
and conclusive to all intents and purposes whatever.
XII. And be it further enacted by the authority aforesaid. That the governor, or' lieu-
tenant governor of the said provinces respectively, or the person administering his
Majesty's government therein respectively, shall have power and authority, from time to
time, by an instrument under the great seal of such province, to constitute, appoint, arid
remove the speakers of the legislative councils of such provinces respefctively.
XIII. And be it further enacted by the authority aforesaid, That for the purpose of
constituting such assembly as aforesaid, in each of the said provinces respectively, it shall
and may be lawful for his Majesty, his heirs or successors, by an instrument under his or
their sign manual, to authorize And direct the governor or lieutenant governor, or pehson
administering the govemment in each bf the said provinces respectively, within the time
hereinafter mentioned, and thereafter from time to time, as occasion shall require, in his
Majesty's name, and by an instrument under the great seal of such province, to summon
and caU together an assembly in and for such province. *
Digitized by VrjiJOV IC
BRITISH .STATUTES.
IS
Fow«r of the gOTonnqt
to ap))oint returning t4^
ficen, to continue two
No pcnoo obliged to
serve as returning offi-
cer more than once, un*
loss otbcmise provided
XrV. AiMl.be it further enacted by.the authority aforesaid, That, for th^ purpose of •»<* ^ ^ mhS^^
electing the-^members of such assemblies respectively, it shall and may be lawful for his Lfuea proci^tioi d^
Maiesty, his heirs or successors, by an instrument under his or their sign manual, to Jj*JI^***^^J?^*"*^*°'
authorize the governor or lieutenant governor of each of the said provinces respectively, ** '
or the person administering the government therein, witliin the time hereinafter mentioned,
to issue a proclamation dividing such province into districts, .or counties, or circles, and
towns or townships, and appointing the limits thereof, and declaring and appointing the
number of representatives to be chosen by each of such districts, or counties, . or circles,
and towns or townships respectively ; and that it shall also be lawful for his Majesty, his
heirs or successors, to authorize such governor or lieutenant governor, or person adminis-
tering the government, from time to time to nominate and appoint proper persons to execute •
the office of returning officer in each of the said districts, or counties, or circles, and towns
or townships respectively ; and that such division- of the said provinces into districts, or
counties, or circles, and towns or townships, and such declaration and appointment of the
number of representatives to be chosen by each of the said districts, or counties, or circles,
and towns or townships respectively, and also such nomination and appointment of returning
officers in the same, shall be. valid and effectual to all the purposes of this act, imless it
shall at any time be otherwise provided by any act of the legislative council and assembly
of the province, assented to by his Majesty, his heirs or successors.
XV. Provided nevertheless, and be it fuither enacted by the authority aforesaid, That
the provision hereinbefore contained, for empowering the governor, lieutenant governor, ^^„.^ ^^ ^ ^
or person administering the government of the said provinces respectively, under such y«*" '^•»"> J*»« .
authority as aforesaid from his Majesty, his heirs or successors, from time to time, to ■"*'"*'""* ^ *• ■*
nominate and Appoint proper persons to execute the office of returning officer, in the said
districts, counties, circles, and towns or townships, shall remain and continue in
force in each of the said provinces respectively, for the term of two years, from and
after the commencement of this act, within such province, and no longer ; but subject^
nevertheless, to be sooner repealed or varied by any act of the legislative council and :
assembly of the province, assented to by his Majesty, his heirs or successors.
XVI. Provided always, and be it further enacted by the authority aforesaid, Tliat no
person shall be obliged to execute the said office of returning officer for any longer time
than one year or oftencr than once, unless it shall- at any time be otherwise provided by ,
any act of the legislative council and assembly of the pro\ince, assented to by his Majesty, ^^ J^ ^^ '^^ ^^ ^^
his heirs or successors. „ , *
XVII. Provided also, and be it enacted by the authority aforesaid, That the whole
number of members to be chosen in the province of Upper Canada shall not be less than
sixteen^ and that the whole number of members to be chosen in the province of Lower
Canada shall not be less than fifty.
XVIII. And be it further enacted by the authority aforesaid. That writs for the election RctQiati5„, for iisnifig^
of members to serve in the said assemblies respectively, shall be issued by the governor, writs for the election
lieutenant governor, or person administering his Majesty's government within the said **• '°*^™ ^-' ****'^®*"
provinces respectively, within fourteen days after the sealing of such instrument as afore-
said, for summoning and calling together such assembly, and that such writs shall be directed
to the respective returning officers of the said districts, or counties, or circles, and towns
or townships, and that such writs shall be made returnable within fifty days at farthest
from the day on which they shall bear date, unless it shall at any time be otherwise
Provided by any act of the legislative council and assembly of the province, assented to by
is Majesty, his heirs or successors ; and that writs shall in like manner and form be issued
for the election of members in the case of any vacancy which shall happen by the death of the
person chosen, or by his being summoned to the legislative council of either province, and
that such writs shall be made returnable within fifty days at farthest from the day on which
they shall bear date, unless it shall at any time be otherwise provided by any act of the
legislative council and assembly of the province, assented to by his Majesty, his heirs or
successors; .and that in the case of any such vacancy which shall happen by the death of
the person chosen, or by reason of his being so summoned as aforesaid, the writ for the
election of a new member shall be issued within six d^ys after the same shall be made
known to the proper offijce for issuing such writs of election.
XIX. And be it further enacted by the authority aforesaid. That all and every the
returning officers so appointed as aforesaid, to whom any such writs as aforesaid shall
be directed, shall and they are hereby authorized and required duly to execute such ;
writs.
XX. And be it further enacted by the authority aforesaid. That the members for the
several districts, or counties, or circles, of the said provinces respectively, shall be chosen
by the majority of votes of such persons as shall severally be possessed, for their own use
and benefit, of lands or tenements within such district, or county, ^ circle, as the case
shall be, such lands being by them held in freehold, or in fief, or in roture, or by certificate
Digitized by
Number of mcmbci* in
each province.
the assemblies.
Rutuming onkivrt
execute writs.
ta.
Hy wbom tbc mcmbciy
iki e to be chosen.
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Ifi
BRITISH STATUTES.
Certain p«nona not eli-
fible to the astembliet.'
No perfon ander twen-
ty^one yean of age, &c.
eapable of voting or be>
ing elected;
(Amended by 7th Geo.
IV.C68.)
nor any perton attainted
for treason or felony.
Voters, if re<jnired, to
take the following
Oath. '
and to make oath to the
particttlart herein ipe-
ci£ed.
Hit Majesty may an-
thorise the goyemor to
fix the time and place
of holding electiona,
and of holding the ses-
sions of the council and
assembly, Itc.
Qouncil and assembly
to be called together
once in twelve months,
fte.
derived under the authonly of the governor and council of the province of Quebec, and
being of the yearly value of forty shillings sterling, or upwards, over and above ail rents
and charges payable out of or in respect of the same ; and that the members for the several
towns or townships within the said provinces respectively shall be chosen by the majority
of votes of such persons as either shall severally be possessed, for their own use and
benefit, of a dwelling house and lot pf ground in such town or towns^p, such dwelling
bouse and lot of ground being by them held in like manner as aforesaid, and being of the
yearly value of five pounds sterling or upwards, or, as having been resident within the
said town or township for the space of twelve calendar months next before the date of the
writ of summons for the election, shall bwafide have paid one year's rent for the dwelling
house in which they shall have so resided, at the rate of ten pounds sterling per annum,
or upwards.
XaI. Provided always, and be it further enacted by the authority aforesaid, That no
person shall be iCpable of being elected a member to serve in either of the said assemblies,
or of sitting or votins therein, who shall be a member of either of the said legislative
councils to be established as aforesaid in the said two provinces, or who shaH be a minister
of the ghurch of England, or a minister, priest, ecclesiastic, or teacher, either according
to the rites of the church of Rome, or under any other form or profession of religious faith
or wo^ship^
XXII. rrovided also, and be it further enacted by the authority aforesaid. That no-
person shall be capable of voting at an election of a member to serve in such assembly,
ill either of the said provinces, or of being elected at any such election, who shall not be
of the full age of twenty-one years, and a natural bom subject of his Majesty, or a subject
of his Ma^ty, naturalized by act of the British parliament, or a subject of his Majesty,
ha^'ing become such by the conquest and session of the province of Canada.
XXIII. And be it also enacted by the authority aforesaid. That no person shall be
capable of voting at any election of a member to serve in such assembly, in either of the
said provinces, or of being elected at any such election, who shall have been attainted for
treason or felony in any court of law within any of his Majesty's dominions, or who shall
be within any description of persons disqualified by any act ef the legislative council and
assembly of the province, assented to by his Majesty, his heirs or successors.
XXIV. Provided also, and be it further enacted by the authority aforesaid, That every
voter, before he is admitted to ^vehis vote at any such election, shall, if required by any
of the candidates, or by the returning oflScer, take the following oath, which shall be
administered in the English or French language, as the case may require :
^' I, A. B., do declare and testify, in the presence of Almighty God, that I am, to the
best of my knowledge and belief, of the full age of twenty-one years, and that I haye not
voted before at this election,"
And that every person shall also,, if so required as aforesaid, make oath, previous to his
being admitted to vote, that he is, to the best of his knowledge and belief, duly possessed,
of such lands and tenements, or of such a dwelling house and lot of ground, or that he has
bona fide been so resident, and paid such rent for his dwelling house, as entitles him,
according to the provisions of this act, to give his vote at siKsh election for the county, or
district, or circle, or for the town or township for which he shall offer the same..
XXV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for his Majesty, his heirs or successors, to authorize the governor or lieutenant
governor, or person administering the government within each of the said provinces
Respectively, to fix the time and place of holding such elections, giving not less than eight
days notice of such time, subject, nevertheless, to such provisions as may hereafter b^
made in these respects l^ any act of the legislative council and assembly of the jwx)vince,
assented to by his Majesty, his heirs or successors.
XXVI. And be it further enacted by the authority aforesaid, That it shall and taay be
lawful for his Majesty, his heirs or successors, to authorize the governor or lieutenant
governor of each of the said provinces respectively, or the person administering the
government therein, to fix the places and times of holding the first and every other session
of the legislative council and assembly of such province, giving due and sufficient notice
thereof, and to jwprogue the same from time to time, and to dissolve the same, by procla-
mation or otherwise, whenever he shall judge rt necessary or expedient.
XXVII. Provided always, and be it enacted by the authority aforesaid. That the said
legislative council and assembly, in each of the said provinces, shall be called together
once at the least in every twelve calendar months, and that every assembly shall continue
for four years from the day of the return of the writs for choosing the same, and no longer,
subject, nevertheless, to be sooner prorogued and dissolved by the governor or lieutenant
governor of the province, or person administering his Majesty's government therein.
Digitized by
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BRITISH STATUTES.
IT
XXVIII. And be it further enacted bj the authority aforesaid, That ail questions which
shall arise in the said legislative councils or assemblies respectively shall be decided by
the majority of voices of such members as shall be present ; and that in all cases where the
voices shall be equal, the speaker of such council or assembly, as the case shall be, shall
have a casting voice.
XXIX. Provided always, and be it enacted by the authority aforesaid, That no member,
either of the legislative council or assembly, in either of the said provinces, shall be per-
mitted to sit or to vote therein until he shall have taken and subscribed the following oath,
either before the governor or lieutenant governor of such province, or person administering
the government therein, or before some person or persons authorized by the said governor
or lieutenant eovemor, or other person as aforesaid, to administer such oath, and that
the same shall be administered in the English or French language, as the case may
require :
" I, A, B., do sincerely promise and swear, that I will be faithful, and bear true allegiance
to his Majesty, King George, as lawful sovereign of the kingdom of Great Britain, and of
these provinces, dependent on and belonging to the said kingdom ; and that I will defend
him to the utmost of my power against all traitorous conspiracies and attempts whatever,
which shall be made against his person, crown, and dignity ; and that I will do my utmost
endeavor to disclose and make known to his Majesty, his heirs or successors, all treasons
and traitorous conspiracies and attempts which I shall know to be against him, or any of
them : and all this 1 do swear without any equivocation, mental evasion, or secret reser-
vation, and renouncing all pardons and dispensations from any person or power whatever
to the contrary. So help me God."
XXX. And be it further enacted by the authority aforesaid, That whenever any bill
which has been passed by the legislative council, and by the house of assembly, in either
of the said provinces respectively^ shall be presented for his Majesty's assent, to the
covernor or lieutenant governor of such province, or to the person administering his
Majesty's government therein, such governor or lieutenant governor, or person adminis-
tering the government, shall, and he is nereby authorized and required to declare, according
to his discretion, but subject nevertheless to the provisions contained in this act, and to such
instructions as may from time to time be given in that behalf by his Majesty, his heirs
or successors, that he assents to such bill in his Majesty's name, or that he withholds his
Majesty's assent from such bill, or that he reserves such bill for the signification of his
Majesty's pleasure thereon.
XXXI. Provided always, and be it further enacted by the authority aforesaid, That
whenever any bill, which shaU have been so presented for his Majesty's assent to such
governor, lieutenant governor, or person administering the government, shall, by such
governor, lieutenant governor, pj person administering the government, have been assent-
ed to in his Majesty's name, such governor, lieutenant governor, or person as aforesaid,
shall, and he is hereby required, by the first convenient opportunity, to transmit to one of
his Majesty's principal secretaries of state an authentic copy of such bill so assented to ;
and that it shall and may be lawful, at any time within two years after such bill shall have
been so received by such secretary of state, for his Majesty^ his heirs or successors, by
bis or their order in council, to declare his or their disallowance of such bill, and that such,
disallowance, together with a certificate, under the hand and seal of such secretary of
state, testifying the day on which such bill waa received as (foresaid, being signified by such
governor, lieutenant governor, or person administering the government, to the legislative
council and assembly of such province, or by proclamation, shall make void and annul the
same, from and after the date of such signification.
XXXII. And be it further enacted by the authority aforesaid, That no such bill, which sl^jdl
be so reserved for the signification of his Majesty's pleasure thereon, shall have any force
or authority within either of the said provinces respectively, until the governor, or lieu-
tenant governor, or person administering the government, shall signify, either by speech
or message, to the legislative council and assembly of such province, or by proclamation,
that such bill has been laid befcFe his MajjBsty in council, and that his Majesty has been
pleased to assent to the same ; and that an entry shall be made, in the journals of the said
legislative council, of every such speech, message, or proclamation ; and a duplicate thereof^
duly attested, shall be delivered to the proper oflScer, to be kept amongst the public re-
cords of the province ; aikd that no such bilL which shall be so reserved as aforesaid, shall
have any force or authority within either of the said provinces respectively, unless his
Majesty^s assent thereto shall have been so signified as aforesaid, within the space of two
years from the day on which such bill shall have been presented for his Majesty's assent
to the governor, lieutenant governor, or person administering the government of such
province.
XXXIII. And be it further enacted by the authority aforesaid, That all laws, statutes,
and ordinances, which shall be in force on the day to be fixed in the manner hereinafter
Digiti
and all questions therer
in to be decided by tb«
majority of votes.
No member to sit or
TOte till he has taken
the following
Oath.
Goremor may g:ire or
withhold his Majesty's
assent to bills passed
by the legislative coun-
cil and assembly, or
reserve them for hit
Majesty's pleasure.
Governor to transmit
to the secretary of state
copies of sucE bills at
have been assented to,
which his Majesty in
council may declare his
disallowance of within
two years from the re-
ceipt.
Uifls reserved for his
Maiesty's pleasure not
to have any force till
his Majesty^ assent be
communicated to the
council and assembly,
I^ws in force at the
commencement of this j
zedbyVjUUglC
18
BRITISH STATUTES.
•et to CQBtimM to, ex-
ecpC repealed or Taried
Ertabtttlimeiit of a
coart of civil jarisdie-
tion in each proTince.
14cli Geo. Ill, e 68»
aad
iattnicUomi of Jan. S,
1775, to lirGay Carie-
ton, Itc. and
inatmctions to tirWe-
derick Haldimand, and
to lord Doreheater, re-
cited;
and the declaration and
provisions therein re-
specting the clergy of
the church of Rome to
continne in force.
Hi* Majesty's message
ta pariiament recited.
directetl for the commencement of this act, within the said provinces, or either of them, or
fn any part thereof respectively, shall remain and continue to be of the same force, autho*
rity, and effect, in each of the said provinces respectively, as if this act had not been made,
and as if the said province of Quebec had not been divided ; except in so far as the same
are expressly repealed or varied by this act, or in so far as the same shall or may hereafter,
by virtue of and under the authority of this act, be repealed or varied by his Majesty, his
heirs or successors, by and with the advice and consent of the legislative councils and
assemblies of the said provinces respectively, or in so far as the same may be repealed or
varied by such temporary laws or ordinances as may be made in the manner hereinafter
specified.
XXXIV, And whereas by an ordinance passed in the province of Quebec, the governor
and council of the said province were constituted a court of civil jurisdiction, for hearing
and determining appeals in certain cases therein specified, be it further enacted by the
authority aforesaid. That the governor or lieutenant governor, or person administering the
government of each of the said provinces respectively, together with such executive coun«
cil as shall be appointed by his Majesty for the affairs of such province, shall be a court of
civil jurisdiction within each of the said provinces respectively, for hearing and determine
ing appeals within the same, in the like cases, aiid in the like manner and form, and subject
to such igppeal therefrom, as such appeals might before the passing of this act have been
heard and determined by the governor and council of the province of Quebec ; but subject
nevertheless to such further or other provisions as may be made in this behalf, by any act
of the legislative council and assembly of either of the said provinces respectively, assented
to by his Majesty, his heirs or successors.
XXXV. And whereas, by the above mentioned act, passed in the fourteenth year of the
reiga of his present Majesty, it was declared, That the clergy of the church of Rome, in
the province of Quebec, might hold, receive, and enjoy, their accustomed dues and rights,
with respect to such persons only as should profess the said religion ; provided neverthe-
less, that it should be lawful for his Majesty, his heirs or successors, to make such provision
out of the rest of the said accustomed dues and rights, for the encouragement of the
protestant religion, and for the maintenance and support of a protestant clergy within the
said province, as he or they should from time to time think necessary and expedient ; and
whereas by his Majesty's royal instructions, given under his Majesty's royal sign manual
on the third day of January, in the year of our Lord one thousand seven hundred and
seventy-five, to Guy Carieton, esquire, now lord Dorchester, at that time his Majesty's
captain general and governor in chief in and over his Majesty's province of Quebec, his
Majesty was pleased, amongst other things, to direct, " That no incumbent professing the
religion of the church of Rome, appointed to any parish in the said province, should be
entitled to receive any tythes for lands or possessions occupied by a protestant, but that
such tythes should be received by such persons as the said Guy Carleton, esquire, his
Majesty's captain genei*al and governor in chief in and over his Majesty's said province of
Quebec, should appoint, and should be reserved in the hands of his Majesty's receiver
general of the said province, for the support of a protestant clergy in his Majesty's said
province, to be actually resident within the same, and not otherwise, according to such
directions as the said Guy Carleton, esquire, his Majesty's captain general and goveruM*
in chief in and over his Majesty's said province, should receive from his Majesty in that
behalf; and that in like, manner all growing rents and profits of a vacant benefice should,
during such vacancy, be reserved for and applied to the like uses ;" and whereas his
Majesty's pleasure has likewise been signified to the same effect in his Majesty's royal in-
structions, given in like manner to sir Frederick Haldimand, knight of the most honorable
order of the Bath, late his Majesty's captain general and govei^nor in chief in and over his
Miyesty's said province of Quebec ; and also in his Majesty's royal instructions, given in
like manner to the said right honorable Guy, lord Dorchester, now his Majesty's captain
general and governor in chief in and over his Majesty's said province of Quebec, be it
enkcted by the authority aforesaid. That the said declaration and provision contained in
the said above mentioned act, and also the said provision so made by liis Majesty in con-
sequence thereof, by his instructions above recited, shall remain and continue to be of full
force and effect in each of the said two provinces of Upper Canada and Lower Canada
respectively, except in so far as the said declaration or provisions respectively, or any part
thereof, shall be expressly varied or repealed by any act or acts which may be passed by
the legislative council and assembly of the said provinces respectively, and assented to by
his Majesty, his heirs or successors, under the restriction hereinafter provided.
XXXVL And whereas his Majesty has been graciously pleased, by message to both
houses of parliament, to express his royal desire to be enabled to make a permanent ap-
propriation of lands in the said provinces, for the support and maintenance of a protestant
clergy within the same, in proportion to such lands as have been already granted within
the same by his Majesty ; and whereas his Majesty has been graciously pleased, by his
Digitized by VrjiJOV IC
BRITISH STATUTES.
19
a eertoin
in put
•leiVT lands umf
sold. SeeTthana
0«o. iv,ee%
of ihm
SHI
said message, further to *tn^(y his royal desire that such provision may be made, with *
respect to all future grants of land within the said provinces respectively, as may best con-
duce to the due and sufficient support and maintenance of a protcstant clergy within the
said provinces, in proportion to such increase as may happen in the population and cultiva-
tion thereof; therefore, for the piuTpose of more effectually fulfilling his Mqesty's gracious
intentions as aforesaid, and of providing for the due execution of the same in all time to
come, be it enacted by the authority aforesaid, That it shall and may be lawful'for hi8 j^^ Majesty mav •»•
Majesty, his heirs or successors, to authorize the governor or lieutenant governor of eabh tiiorise the goTemor to
of the said provinces respectively, or the person administering the government therein, ' J^ ^'SamMt of
to make, from and out of the lands of the crown within such provinces, such allotment and • i*"!|^f!;^^ clwsy ^
appropriation of lands, for the support and maintenance of a protestant clergy within the ***^^^ **'
same, as may bear a due proportion to the amount of such lands within the same as have
at any time been granted by or under the authority of his Majesty ; and that whenever
any grant of lands within either of the said provinces shall hereafter be made, by or under
the authority of his Majesty, his heirs or successon, there shall at the same time be made,
in respect of the same, a proportionabte allotment and appropriation of lands for the above
mentioned purpose, >vithin the township or parish to which such lands so to be granted
shall appertain or be annexed, or as nearly adjacent thereto as circumstances will admit ;
and that no such grant shall be valid or effectual unless the same shall contain a specifica-
tion of the lands so allotted and appropriated, in respect of the lands to be thereby granted ;
and that such lands, so allotted and appropriated, shall be, as nearly as the circumstances
and nature of the case will admit, of the like quality as the lands in respect of which the
sanie are so allotted and appropriated, and shall be, as neariy as the same can be estimated
at the time of making such grant, equal in value to the seventh part of the lands so granted.
XXXVII. And be it further enacted by the authority aforesaid. That all and every the
rents, profits, or emoluments, which may at any time arise from such lands so allotted and
appropriated as aforesaid, shall be applicable solely to the maintenance and support of a
protestant clergy within the province in which the same shall be situated, and tp no other
use or purpose whatever.
XXXVIII. And be it further enacted by the authority aforesaid. That it shall and may
be lawful for his Majesty, his heirs or successors, to authorize the governor or lieutenant
governor of each of the said provinces respectively, or the person administering the go-
vernment therein, from time to time, with the advice of such executive council as shall
have been appointed by his Majesty, his heirs or successors, within such province, for the
affairs thereof, to constitute and erect, within every township or parish which now is or
hereafter may be formed, constituted, or erected within such province, one or more par-
sonage or rectory, or parsonages or rectories, according to the establishment of the church
of England ; and from time to time, by an instrument under the great seal of such province,
to endow every such parsonage oV rectory M^ith so much or such part of the lands so allot-
ted and appropriated as aforesaid, in respect of any lands within such township or parish,
which shall have been granted subsequent to the commencement of this act, or of such
lands as may have been allotted and appropriated for the same purpose, by or in virtue of
any instruction which may be given by his Majesty, in respect of any lands granted by his
Majesty before the commencement of this act, as such governor, lieutenant governor, or
person administering the government, shall, with the advice of the said executive council,
judge to be expedient under the then existing circumstances of such township or parish.
XXXIX. And be it further enacted by the authority aforesaid. That it shall and m'Sy be And the goremor to
lawful for his Majesty, his heirs or successors, to authorize the governor, lieutenant 8JJn°i,||j^to^jo**
governor, or person administering the government of each of the said provinces respec- *'-- - — — ' ^
tivcly, to present to every such pfarsonage or rectory an incumbent or minister of the
church o[ England, who shall have been duly ordained according to the rights of the said
church, and to supply from time to time such vacancies as may happen therein; and that
every person so presented to any such parsonage or rectory shall hold and enjoy the same,
and all rights, profits, and emoluments thereunto belonging or granted, as fully and amply,
and in the same manner, arid on the same tertiis and conditions, and liable to the perform-
ance of the same duties, as the incumbent of a parsonage br rectory in England.
XL. Provided always, and be it further enacted by the authority aforesaid. That every
such presentation of an incumbent or minister to any such parsonage or rectory, and also
the enjoyment of any such parsonage or rectory, and of the rights, profits, and emoluments
thereof, by any such incumbent or minister, shall be subject and liable to all rights of
institution, and all other spiritual and ecclesiastical jurisdiction and authority, which have
been lawfully granted by his Majesty's royal letters patent to the bishop of Nova Scotia,
or which may hereafter, by his Majesty's royal authority, be lawfully granted or appointed
to be administered and executed within the said provinces, or either oi them respectively,
by the said bishop of Nova Scotia, or by any other person or persons, according to the laws
^nd canons of the church of England, which are lawftdly made and received in England.
and the rents arising
frooB such aUotmeiits to
be applicable to tbai
purpoae solely.
His Majesty may a«-
thorize the gOTenor,
with the adTice of the
executlre eounell, to
erect parsonages, and
endow them;
the
bents in
Presentations to par-
sonages, and the eimr-
mcnt of them, to be snn-
jeettothe jnrisdietion
granted to the bishop
orNova8eotia,lt€.
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Google
09
the aUotment of lands
for the support of a
protestant clergy, Bcc.
may be varied or re-
pealed by the legisla-
tive couQcil and assem-
bly.
Acts of th* legislaitive
council ana assembly,
containing provisions
to the effect herein
mentioned to be laid
before parliament, pre-
vious to receiving his
Majesty's assent, &c.
Lands in Upper Canada
to be granted in free
and common soccage,
and also in Lower Can-
ada, if desired.
Persons holdine lands
in Upper Canada may
have fresh grants.
BRITISH STATUTES.
XLL Provided always, and be it further enacted by the authority aforesaid^ That the
several provisions hereinbefore contained, respecting the allotment and appropriation of
lands for the support of a protestant clergy within the said provinces, and also respecting
the constituting, erecting, and endowing parsonages or rectories within the said provinces,
and also respecting the presentation of incumbents or ministers to the same, and also
respecting the manner in which such incumbents or ministers shall hold and enjoy the
same,sha^ be subject to be varied or repealed by any express provisions for that purpose,
contained in any act or acts which may be passed by the legislative council and assembly
of the said provinces respectively^ and assented to by his Majesty, his heirs or successors,
under the restriction hereinafter provided.
. XLII. Provided neverthelesSj and be it further enacted by the authority aforesaid,
That whenever any act or acts shall be passed by the legislative council and assembly of
either of the said provinces, containing any provisions to vary or repeal the above recited
declaration and provisions contained in the said act passed in the fourteenth year of the
reign of his present JSf ajesty ; or to vary or repeal the above recited provision contained in
his Majesty's royal instructions, given on the third day of January, in the year of our
Lord one thousand seven hundred and seventy-five, to the said Guy Carleton, esquire,
now lord Dorchester; or to vary or repeal the provisions hereinbefore contained for
continuing the force and e£fect of the said declaration and provisions ; or to vary or repeal
any of the several provisions herein before contained respecting the allotment and appro-
priation of lands for the support of a protestant clergy within the said provinces ; or
respecting the constituting, Erecting, or endowing parsonages or rectories within the said
provinces ; or respecting the presentation of incumbents or ministers to the same ; or
respecting the manner in which such incumbents or ministers shall hold and enjoy the
same : and also that whenever any act or acts shall be so passed, containing any provisions
which shall in any manner relate to or affect the enjoyment or exercise of any reli •
dous form or mode of worship; or shall impose or create any penalties, burthens^
disabilities, or disqualifications, in respect of the same ; or shall in any manner relate to or
affect the payment, recovery, or enjoyment of any of the accustomed dues or rights herein
before mentioned ; or shall in any manner relate to the granting, imposing, or recovering any
other dues, or stipends, or emoluments whatever, to be paid to or for the use of any minis-
ter, priest, ecclesiastic, or teacher, according to any religious form or mode4>f worship, in
respect of his said office or function ; or shall in any manner relate to or affect the estab-
lishment or discipline of the church of England, amongst the ministers and members
thereof within the said provinces ; or shall in any manner relate to or affect the King's
prerogative touching the granting of waste lands of the crown within the said provincesr,
every such act or acts shall, previous to any declaration or signification of the King's
assent thereto, be laid before both houses of parliament in Great Britain ; and that it shall
not be lawful for his Majesty, his heirs or successors, to signify his or their assent to any
such act or acts, until thirty days after the same shall have been laid before the said
houses, or to assent to any such act or acts, in case either house of parliament shall, within
the said thirty days, address his Majesty, his heirs or successors, to withhold his or their
assent from such act or acts ; and that no such act shall be valid or effectual to any of the
said purposes, within either of the said provinces, unless the legislative council and assembly
of such province shall, in the session in which the same shall have been passed by them,
have presented to the governor, lieutenant governor, or person administering the govern-
ments of such province, an address or addresses, specifying that such act contains
provisions for some of the said purposes hereinbefore specially described, and desiring
that, in order to give effect to the same, such act should be transmitted to England without
delay, for the purpose of being laid before parliament, previous to the signification of his
Majesty's assent thereto.
XLIII. And be it further enacted by the authority aforesaid. That all lands which shall
be hereafter granted within the said province of Upper Canada, shall be granted in free
and common soccage, in like manner as lands are now holden in free and common
soccage, in that part of Great Britain called England ; and that in every case where
lands shall be hereafter granted within the said province of Lower Canada, and where
the grantee thereof shall diesire the same to be granted in fi*ee and common soccage,
the same shall be so granted ; but subject nevertheless to such alterations, with respect to
the nature and consequences of such tenure of free and common soccage, as may be estab-
lished by any law or laws which may be made by his Majesty, his heirs or successors, by
and with the advice and consent of the legislative council and assembly of the province.
XLIV. And be it further enacted by the authority aforesaid. That if any person or
persons holdine any lands in the said province of Upper Canada, by virtue of any certificate
of occupation oerived under the. Authority of the governor and council of the province of
Quebec, and having power and authority to alienate the same, shall, at any time, from and
after the commencement of this act, surrender the same into the hands of his Majesty,
Digitized byVnOOy IC
BRITISH STATUTES.
21
Sach fresh ennts not
to bar any right or title
to the ]iuid«.
^Sthcieo. If, c 12, re-
cited.
his heirs or successors, by petition to the governor or lieutenuit governor, or person
administering the government of the said province, setting forth that he, she, or tnej, is
or are desirous of holding the same in free and common soccage, such governor, lieutenant
governor, or person administering the government, shall thereupon cause a fresh grant to
be made to such person or persons of such lands, to be holden in free and comnKon
soccage.
XLV. Provided nevertheless, and be it further enacted by the authority aforesaid, That
such surrender and grant shall not avoid or bar any right or title to any such lands so
surrendered, or any interest in the same, to which any person or persons, other than the
person or persons surrendering the same, shall have been entitled, either in possession,
remainder, or reversion, or otherwise, at the time of such surrender ; but that every such
surrender and grant shall be made subject to every such right, title, and interest, and that
every such right, title, or interest, shall be as valid and effectual as if such surrender and
grant had never been made.
XLVI. And whereas, by an act passed in the eighteenth year of the reign of his present
Majesty, entitled, ^^ An act for removing all doubts and apprehensions concerning taxation by
the parliament of Great Britain in any of the colonies, provinces, and plantations, in North
America, and the West Indies; and for repealing so much of an act, made in the seventh
year of the reign of his present Majesty, as imposes a duty on tea imported from Great
Britain into any colony or plantation in America, or relates thereto,'^ it has been declared,
^^ That the King and parliament of Great Britain will not impose any duty, tax, or assess-
ment whatever, payable in any of his Majesty's colonies, provinces, and plantations, in
North America, or the West Indies, except only such duties as it may be expedient to
impose for the regulation of commerce, the nett produce of such duties to be always paid
and applied to and for the use of the colony, province, or plantation, in which the same
shall be respectively levied, in such manner as other duties collected by the authority of
the respective general courts or general assemblies of such colonies, provinces, or planta-
tions, are ordinarily paid and applied :" And whereas it is necessary, for the general
benefit of the British empire, that such power of regulation of commerce should continue
to be exercised by his Majesty, his heirs or successors, and the parliament of Great Britain,
subject nevertheless to the oonditions hereinbefore recited, with respect to the application
of any duties which may be imposed for that purpose ; be it therefore enacted by the
authority aforesaid, that nothing in this act contained shall extend, or be construed to
extend, to prevent or affect the execution of any law which hath been or shall at any time
be made by his Majesty, his heirs or successors, and the parliament of Great Britain, for
establishing regulations or prohibitions, or for imposing, levying, or collecting duties for
the regulation of navigation, or for the regulation of the commerce to be carried on
between the said two provinces, or between either of the said provinces and any other
part of his Majesty's dominions, or between either of the said provinces and any foreign
country or state, or for appointing and directing the payment of drawbacks of such duties
so imposed, or to give to his Majesty, his heirs or successors, any power or authority, by
and with the advice and consent of such legislative coimcils and assemblies respectively,
to vary or repeal any such law or laws, or any part thereof, or in any manner to prevent
or obstruct the execution thereof.
XLYII. Provided always, and be it enacted by the authority aforesaid, That the nett
produce of all duties which shall be so imposed, shall at all times hereafter be applied
to and for the use of each of the said provinces respectively, and, in sUch manner
only as shall be directed by any law or laws which may be made by his Majesty, his heirs
or successors, by and with the advice and consent of the legislative council and assembly
oi such province.
XLVIII. And whereas, by reason of the distance of the said provinces from this coun- His Majerty in council
try J and of the change to be made by this act in the government thereof, it may be JJ^eSS^^^S^twi
necessar}^ that there should be some interval of time between the notification of this act net, &e.
to the said provinces respectively, and the day of its commencement within the said
provinces respectively ; he it therefore enacted by the authority aforesaid, that it shall
and may be lawful for his Majesty, with the advice of the privy council, to fix and declare,
or to authorize the governor or lieutenant governor of the province of Quebec, or the
person administering the government there, to fix and declare the day of the commence-
ment p( this act within the said provinces respectively, provided that such day shall hot
be later than the thirty-first day of December, in the year of our Lord one thousand
seven hundred and ninety-one. ._
XLIX. And be it further enacted by the authority aforesaid. That the time to be fixed
by his Majesty, his heirs or successors, or under his or their authority, by the governor,
lieutenant governor, or person administering the government in each of the said provinces
respectively, for issuing the writs of summons and election, and calling together the
legpalative councils and assemblies of each of the said provinces respectively, snail not be
3
Digitized by
This act not to prerent
the o|>eration of any
act of parliament, ea-
tablishin^^ prohibitions
or imposing datiea for
the regulation of nari-
ntion and commerce.
plied to the nae of Se
rei)^tiv« proruicee.
Time for itauing the
writa of aummona and
election, Itc. not to be
later than December
81,1792.
Google
aa
BRITISH STATUTES.
the
mencement of thia act,
and the first meeting of
the lesialatJTe couneil
and assembly, tempora-
ry laws may be made.
later than the thirtj-first day of December, in the year of our Lord one thousand seFOA
hundred and ninety-two.
L. Provided always, and be it further enacted by the authority aforesaid, That during
such interval as may happen between the commencement of this act, within the said pro-
vinces respectively, and the first meeting of the legislative council and assembly of each
of the said provinces respectively, it shall and may be lawful for the governor, or lieutenant
governor of such province, or for the person administering the government therein, with
the consent of the major part of such executive councu as shall be appointed by his
Majesty for the affairs of such province, to make temporary laws and ordinances for the
good government, peace, and welfare of such province, in the same manner, and
under the same restrictions, as such laws or ordinances might have been made by the
council for the affairs of the province of Quebec, constituted, bv virtue of the above
mentioned act of the fourteenth year of the reign of his present Alajesty ; and that such
temporary laws or ordinances shall be valid and binding within such province ^ until the
expiration of six months after the legislative council and assembly of such province shall
have been first assembled by virtue of and under the authority of this act ; subject never-
theless to be sooner repealed or varied by any law or laws which may be made by his
Majesty, his heirs or successors, by and with the advice and consent of the saidle^ktive
council and assembly.
Offencea committed
within any of the Indi-
an territoriea, &c. ahall
be tried in the same
manner aa if eommitted
within the provinces of
liower or Upper Cana-
da.
The MTemor of Lower
Canada may empower
peraona to aet aa justi-
eev inr the Indian teni-
toriea, ftc for commit-
ting offendcn tiU con-
veyed to Canada for tri-
al, &e.
Pfaice and manner of
trial of anch offcndcra. .
PASSED IN THE FORTY-THIRD YEAR OF GEORGE IIL
CHAPTER CXXXVIII.
An €Lct for extending the jurisdiction of the courts of justice in the provinces of Lower
and Upper Canada^ to the trial and punishment of persons guilty of crimes and offences
within certain parts of North America adjoining to the said provinces.
[Paaaed Auguat 11, 1808.]
Wh£rea8 crimes and offences have been committed in the Indian territories, and other
parts of America, not within the limits of the provinces of Lower or Upper Canada, or
either of them, or of the jurisdiction of any of the courts est^lished in those provinees,
or within the limits of any civil government of the United States of America, and are
therefore not cognizable by any jurisdiction whatever, and by reason thereof, ^eat crimes
and offences have gone and may hereafter go unpunished, and greatly increase : For remedy
whereof, may it please your Majesty that it may be enacted, and be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the lords spiritual
and temporsd and commons, in this present parliament assembled, and by the authority of
the same, That from and after the passing .of this act, all offences committed within any
of the Indian territories, or parts of America not within the limits of either of the said
provinces of Lower or Upper Canada, or of any civil government of the United States of
America, shall be, and be deemed to be, offences of the same nature, and shall be tried in
the same manner and subject to the same punishment, as if the same had been committed
within the provinces of Lower or Upper Canada.
II. And be it further enacted, That it shall be lawful for the governor or lieutenant
governor, or person administering the government for the time being of the province of
Lower Canada, by commission under his hand and seal, to authorize and empower any
person or persons, wheresoever resident or being at the time, to act as civil magistrates
and justices of the peace for any of the Indian territories or parts of America not within
the limits of either of the said provinces, or of any civil government of the United Stales
of America, as well as within the limits of either of the said provinces, either upcm in*
formations taken or given within the said provinces of Lower or Upper Canada, or out of
the said provinces, in any part of the Indian territories or parts of America aforesaid, for
the purpose only of hearing crimes and offences, and committing any person or persons
guilty of any crime or offence to safe custody, in order to his or their being conveyed to
the said province of Lower Canada, to be dealt with according to law ; and it shall be
lawful for any person or persons whatever, to apprehend and tSce before any persons so
commissioned, as aforesaid, or to apprehend and convey, or cause to be safely conveyed,
with all convenient speed, to the province of Lower Canada, any person or persons guilty
of any crime or offence, there to be delivered into safe custody for the purpose of being
dealt with according to law.
III. And be it further enacted. That every such offender may and shall be prosecuted
and tried in the courts of the province of Lower Canada, (or if the governor or lieutenant
governor, or person administering the government for the time being, shall, from any of
the circumstances of the crime or offence, or the local situation of any 6f (he witnesses
for the prosecution or defence, think that justice may more conveniently be administered
in relation to such crime or offence in Uie province of Upper Canada, and shall^ by any
Digitized by VniJOQlC
BRITISH STATUTES.
instrument under the great seal of the province of Lower Canada, declare the aame, then
that every such offender may and shall be prosecuted and tried in the court of the province
of Upper Canada,) in which crimes or offences of the like nature are usually tried, and
where the same would have been tried if such crime or offence had been committed within
the limits of the province where the same shall be tried under this act; and every offender
tried and convicted under this act, shall be liable and subject to such punishment as may,
by any law in force in the province where he or she shsJl be tried, be inflicted for such
crime or offence ; and such crime or offence may and shall be laid and charged to have
been committed within the jurisdiction of such court, and such court may and shall proceed
-therein to trial, judgment, and execution, or other punishment for such crime or offence^
in the same manner in every respect as if such crime or offence had been really committed
within the jurisdiction of such court ; and it shall also be lawful for the judges and other
officers of the said courts, to issue subpoenas and other processes for enforcing the attend-
ance of witnesses on any such trial ; and such subpoenas and other processes shall be as
valid and effectual, and be in full force and put in execution, in any parts of the Indian
territories, or other parts of America out of and not within the limits of the civil govern-
ment of the United States of America, as well as within the limits of either of the said
provinces of Lower or Upper Canada, in relation to the trial of any crimes or offences by
this act made cognizable in such court, or to the more speedily and effectually bringing
any offender or offenders to justice under this act, as fully and amply as any subpoenas or
other processes are, within the limits of the jurisdiction of the court from which any such
subpoenas or processes shall issue as aforesaid ; any act or acts, law or laws, custom^ usage,
matter, or thing to the contrary notwithstanding.
IV. Provided always, and be it further enacted, That if any crime or offence charged
and prosecuted under this act shall be proved to have been committed by any person or
persons not being a subject or subjects of his Majesty, and also within the limits of any
colony, settlement, or territory, belonging to any European state, the court before which
such prosecution shall be had, shall forthwith acquit such person or persons, not being
such subject or subjects as aforesaid, of such charge.
V. Provided nevertheless. That it shall and may be lawful for such court to proceed
in the trial of any other person or persons, being a subject or subjects of his Majesty, who
shall be charged with the same or any other offence, notwithstanding such offence shall
appear to have been committed within the limits of any colony, settlement, or territory
belonging to any European state as aforesaid.
Offeiiden not being Hi^
jeett oT hit Majestj,
and alto within the liai-
H»f belonging to any
finrnpcan atato, iballbe
•cqnmed.
Bnt anbjeett t»hia 9Im^
jeatjahallbntoind^al.
though offaneebe eom*
nutted in another £a-
ropean state.
PROCLAMATIOBT.
DORCHESTER, G.
George the Third by the grace of God, of Great Britain, France, and Ireland, King,
Defender of the Faith, and so forth. To all our loving subjects, whom these presents may
concern, greeting :
Whereas our province of Quebec stands at present divided only into two districts, and
by virtue of two certain acts or ordinances, the one passed by our governor and the legis-
lative council, in the twenty-seventh year of our reign, and the other in the present year,
provision is made for forming and organizing one or more new districts : Now, therefore,
know ye, that our governor of our said province, by the advice and consent of our council
of our said province, and in pursuance of the acts and ordinances aforesaid, hath formed
and doth hereby form the several new districts hereinafter described and named, to wit :
the district of Luneburg, bounded on the east by the eastern limit of a tract lately called
or known by the name of Lancaster, protracted northerly and southerly as far as our said
province extends, and bounded westerly by a north and south line, intersecting the mouth
of the river Gananoque, now called the Thames, above the rifts of the Saint Lawrence, and
extending southerly and northerly to the limits of our said province, therein comprehending
the several towns or tracts called or known by the names o{ Lancaster, Charlottenburg,
Cornwall, Osnabruck, Williamsburg, Matilda, Edwardsburg, Augusta, and Elizabethtown ;
and also one other district to be called the district of Mecklenburg, extending within the
north and south bounds of our said province, from the western limits of the said district of
Luneburg, as far westerly as to a north and south line, intersecting the mouth of a river
now called the Trent, discharging itself from the west into the head of the bay of Quinty,
and therein comprehending the several towns or tracts called or known by the names of
Pittsburg, Kingstown, Emestown, Fredericksburg, Adolphustown, Marysburg, Sophias-
burg, Ameliasburg, Sydney, Thurlow, Richmond, and Camden; and also one other
district to be called the district of Nassau, extending within the north and south bounds
of our said province, from the western limit of the last mentioned district, so far westerly
as to a north and south line, intersecting the extreme projection of Long Point into the
Digiti
zed by Google
»4
BRITISH STATUTES.
lake Erie, on the northerly side of the said lake Erie ; and abo one other district to be
called the district of Hesse, which is to comprehend all the residue of our said province in
the western or inland parts thereof, bf the entire breadth thereof, from the southeriy to
the northerly boundary of the same ; and also one other district to be called the district of
Gaspe, and to comprehend all that part of our said province on the southerly side of Saint
Lawrence, to the eastward of a north and south line, intersecting the northeasterly side
of cape Cat, which is on the southerly side of the said river ; of which all our loving
subjects are to take due notice, and govern themselves accordingly.
In testimony whereof, we have caused these our letters to be made patent, and the
great seal of our said province to be hereunto aflBxed,' Witness our trusty and well beloved
Gut, jLOBD DoRCH£STER, Captain general and governor in chief of our said province, at
our castle of Saint Lewis, in our city of Quebec, the twenty-fourth day of July, in the year
of our Lord one thousand seven hundred and eighty-eight, and of our reign the twenty-
eighth. Gso. PowNAiiL, Sec'y.
nritith ftatatM, Slat
Geo. Ill, c 81, a M.
I^ord Doreheiter'ii pro-
eUmation oiZMk July,
1788.
The following Prorin-
eialaUtntea:
38thGeo. III,c5:40tk
G«o.III,c3:48thGeo.
Ill, ell: 66th Geo.111.
c 2 and 19: 57th Geo.
III, el: l8tG«o. IV,
(em^ieoualy printed u
<JOthGco. Ill,)c2: 2d
G«o. IV,e3: 4th Geo.
IV, atat. 1, e 88: 4th
Cieo. IV, atat. 2, efi:
6th Geo. IV, e 6: 7th
Geo. IV, c 18: Aet for
diatrict of Prinee Ed-
wifrd, lat WilUam IV,
PROCLAMATION.
J. GRAVES SIMCOE.
Gboboe the Third by the grace of God, of Great Britain, France, and Ireland, King,
Defender of the Faith, and so forth, &c. &c. To all our loving subjects, whom these
presents may concern :
Whereas, in pursuance of an act of parliament, lately made and provided, passed in the
thirty-first year of our reign, and of authority by us given for that purpose, our late pro-
vince of Quebec is become divided into the two provinces of Upper Canada and Lower
Canada, and our lieutenant governor of the said province of Upper Canada, by power
from us derived, is authorized in the absence of our right trusty and well beloved Guy,
lord Dorchester, captain general and governor in chief of our said province of Uj^r
Canada, to divide the said province of Upper Canada into districts, counties, circles or
towns and townships for the purpose of effectuating the intent of the said act of parliament,
and to declare and appoint the number of representatives to be chosen by each, to serve in
the assembly of the said province : Know ye, therefore, that our trusty and well beloved
John Graves Simcoe, esquire, our lieutenant governor of our said province of Upper
Canada, in the absence of the said governor in chief, hatth and by this our proclamation
doth divide the said province of Upper Canada into counties, and hath and doth appoint
and declare the number of representatives of them and each of them to be as hereimifter
limited, named, declared, and appointed ; that is to say :
That the first of the said counties be hereafter called by the name of the county of
Glengary ; which county is to be bounded on the east by the lines that divide Upper from
Lower Canada, on the south by the river St. Lawrence, and westerly by the easternmost
boundary of the late township of Cornwall, running north twenty-four degrees west until
it intersects the Ottawa or Grand river, thence descending the said river until it meets the
divisional lines aforesaid. The said county is to comprehend all the islands in the said
river St. Lawrence nearest to the said county, and in the whole or greater part fronting
the same.
That the second of the said counties be hereafter called by the name of the county of
Stormont ; which county is to be bounded on the east by the westernmost line of the
county of Glengary, on the south by the river St. Lawrence, to the westernmost boundary
of the late township of Osnaburg, and on the west by the easternmost boundary line of the
late township of Williamsburgh, running north twenty-four degrees west until it intersects
the Ottawa or Grand river, then descending the said river untu it meets the northwestern-
most boundary of the county of Glengary. The said county of Stormont is to comprehend
all the islands in the said river St. Lawrence nearest to the said county, in the whole or .
greater part fronting the same.
That the third of the said counties be hereafter called by the name of the county of
Dundas ; which county is to be bounded on the east by the westernmost boundary Une
of the county of Stormont, on the south by the river St. Lawrence, and on the west by
the easternmost boundary line of the late township of Edwardsburgh, running north
twenty-four degrees west until it intersects the Ottawa or Grand river, thence descending
the said river until it meets the northwestemmost boundary of the county of Stormont
The said county of Dundas is to comprehend all the islands in the said river St. Lawrence
nearest to the said county, in the whole or greater part fronting the same.
That the fourth of the said counties be hereafter called by the name of the county of
Grenvill ; which county is to be bounded on the east by the westernmost line of the county
of Dundas, on the south by the river St. Lawrence, and on the west by the easternmost
boundary line of the late township of Elizabethtown, running north twenty-four degrees
Digitized by VnOOV IC
BRITISH STATUTES,
west until it intersects the Ottawa or Grand river, thence descending the said river until
it meets the northwestemmost boundary of the county of Dundas. The said county of
Grenvill is to comprehend all the islands in the said river St. Lawrence nearest to the
said county, in the whole or greater part fronting the same.
That the fifth of the said counties be hereafter called by the name of the county of
Leeds ; which county is to be bounded on the east by the westernmost line of the county
of Grenvill, on the south by the river St. Lawrence, and on the west by the easternmost
boundary line of the late township of Pittsburgh, running north until it intersects the
Ottawa or Grand river, thence descending the said river until it meets the northwestem-
most boundary of the county of Grenvill. The said county of Leeds is to comprehend all
the islands in the said river St. Lawrence nearest the said county, in the whole, or greater
part fronting the same.
That the sixth of the sa|d counties be hereafter called by the name of the county of
Frontenac ; which county is to be bounded on the east by the westernmost line of the
county of Leeds, on the south by lake Ontario, on the west by the easternmost boundary
line of the late township of Eraestown, running north twenty-four degrees west until it
intersects the Ottawa or Grand river, thence descending the said river until it meets the
northwestemmost boimdary of the county of Leeds.
That the seventh of the said counties be hereafter called by the name of the county of
Ontario ; which county is to consist of the following islands : an island at present known
by the name of isle Tonti, to be called Amherst island ; an island known by the name of
isle au Foret, to be called Gage island ; an island known by the name of Grand island, to
be called Wolfe island ; an island known by the name of isle Cauchois, to be called Howe
island ; and to comprehend all the islands between the mouth of the Gananoque to the
easternmost extremity of the late township of Marysburgh, called point Pleasant.
That the eighth of the said counties be hereafter called by the name of the county of
Addington ; which county is to be bounded on the east by the westernmost line of the
county of Frontenac, on the south by lake Ontario, to the westernmost boundary of the
late township of Emestown, and on the west by the easternmost boundary line of the
township of Fredericksburgh, running north thirty*one degrees west until it meets the
Ottawa or Grand river, thence descending the said river until it meets the northwestem-
most boundary of the county of Frontenac ; comprehending within the.said county all the
islands nearest to it, in the whole or greater part fronting the same.
That the ninth of the said counties be hereafter called by the name of the«cqunty of
Lenox ; which county is to be bounded on the east by the westernmost line of the county
of Addington, on the south and west by the bay of Quinte, to the easternmost boundary
of the Mohawk village, thence by a line along the westernmost boundary of the late
township of Richmond, running north sixteen degrees west to the depth of twelve miles,
thence running north seventy-four degrees east until it roeet^ the northwestemmost
boundary of the county of Addington ; and comprehending all the islands in the bays and
nearest to the shores thereof.
That the tenth of the said counties be hereafter called by the name of the county of
Prince Edward ; which county is to be bounded on the south by lake Ontario, on the
west by the carrying-place on the isthmus of the Presque isle d'Quinte, on the north by
the bay of Quinte, and on the east, from point Pleasant to point Traverse, by its several
shores and bays, including the late township of Ameliasburg, Sophiasburg, and Marysbui^.
The said county of Prince Edward is to comprehend all the islands in the said lake Ontario
and bay of Quinte nearest to the said county, in the whole or greater pari fronting the same.
That the eleventh'of the said counties be hereafter called by the name of the county of
Hastings : which county is to be bounded on the east by the westernmost line of the
cQunty of Lenox, on the south' by the bay of Quinte, until it meets a boundary on the
easternmost line of the river Trent, thence along the said river until it intersects the rear
of the ninth concession, thence by a line running norih sixteen degrees west until it inter-
sects the river Ottawa or Grand river, thence descending the said river until it meets the
northwestemmost boundary of the county of Addington ; and the said county of Hastings
to comprehend all the islands in the said bay of Quinte and river Trent nearest to the said
county, in the whole or greater part fronting the same.
That the twelfth of the said counties be hereafter called by the name of the county of
Northumberland ; which county is to be bounded on the east by the westernmost line of
the county of Hastings and the carrying-place of the Presque isle d'Quinte, on the south
by lake Ontario until it meets the westernmost point of the Little bay, thence by a line
mnning norih sixteen degrees west until it meets the southern boundary of a tract of land
belonging to the Mississague Indians, thence along the said tract parallel to lake Ontario
until it meets the northwestemmost boundary of the county of Hastings. The said county
of Northumberland is to comprehend all the islands in the said lake Ontario and bay of
Quinte nearest to the said county, in the whole or greater part fronting the same.
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Ct6 BRITISH STATUTES.
Tiutt the thirteenth of the said cotintieB be hereafter called hj the name of the county
>of Durham ; which county is to be bounded on the east by the westernmost line of the
-county of Northumberland, on the south by lake Ontario until it meets the westernmost
point of Lone Beach, thence by a line running north sixteen degrees west until it inter-
sects the southern boundary of a tract of land belonging to the Mississague Indians, thence
along the said tract parallel to lake Ontario until it meets the northwestemmost boundary
»of the county of Northumberland.
That the fourteenth of the said counties be hereafter called by the name of the county
•of York; which county is to consist of two ridings, the east and west riding; the east
^riding is to be bounded on the east by the westernmost line of the county of Durham, on
the south by lake Ontario until it meets the easternmost boundary of a tract of land
belonging to the Mississague Indians, on the west by the easternmost boundary line of
said tract, running north sixteen decrees west the distance of twenty-eight miles, north
seventy-four degrees east fourteen miles, thence south sixteen degrees east sixteen miles,
to the southern boundary of the lands belonging to the said Indians, thence along the
said tract parallel to lake Ontario until it meets the northwestemmost boundary of the
county of Durham. That the west riding of the said county be hereafter called by the
name of the west riding of the county of York ; which riding is to be bounded on the east
by the westernmost line of a tract of land belonging to the Mississague Indians, running,
north forty-five degrees west to the river La Tranche, to be called the Thames, on the
south by lake Geneva, to be called Biurlington bay, and a carrying-place leading through
the Mohawk village to where it intersects the river La Tranche dr Thames, thence up
tiie said river to the northwestemmost boundary of a tract of land belonging to the Mis-
sissague Indians.
That the fifteenth of the said counties be hereafter called by the name of the county
of Lincoln; which county is to be divided into four ridings. The first riding is to be
bounded on the west by the easternmost line of the county of York, on the south by the
Grand river, to be called the Ouse, thence descending the said river until it meets aa
Indian road leading to the forks of the Chippawa creek, which creek is to be called the
Welland, thence descending the said creek until it meets the continuation of the eastern-
most boundary of the late township No. 5, thence north along the said boundary until it
intersects lake Ontario, thence along the south shore of lake Ontario until it meets the
southeast boundary of the county of York. The second riding is to be bounded on the
west by the easternmost line of the first riding, on the north by lake Ontario, on the east
by the river Niagara, and on the south by the northern boundary of the late townships
No. 2, No. 9, and No. 10. The third riding is to be bounded on the east by the river
Niagara, on the south by the Chippawa or Welland, on the west by the easternmost
boundary of the first riding, and on the north by the southern boundary of the second
ridine. The fourth riding is to be bounded on the east by the river Niagara, on the south
by lake Erie, to the north of the Grand river or Ouse,, thence up the said river to the
road leading from the said Grand river or Ouse to the forks of the Chippawa or Welland,
and on the north by the said road until it strikes the forks of the Welland, thence down
the sittd Welland to the river Niagara ; the said fourth riding to include the islands com-
prised within the easternmost boundaries of the river Niagara.
That the sixteenth of the said counties be hereafter called by the name of the county
of Norfolk ; which county is to be bounded on the north and east by the county of Lin-
coln and the river La Tranche, now called the Thames, on the south side by the lake
Erie until it meets the Barlue, to be called the Orwell river, thence by a line running
north sixteen degrees west until it intersects the river La Tranche or Thames, thence up
the said river until it meets the northwest boundary of the county of York.
That the seventeenth of the said counties be hereafter Called by the name of the county
of Suffolk ; which county is to be bounded on the east by the county of Norfolk, on the
south by lake Erie, until it meets the carrjring-place from point au Pins unto the Thames,
on the west by the said carrying-place, thence up the said river Thames until it meets
the 'northwestemmost boundary of the county of Norfolk.
That the eighteenth of the said counties be hereafter called by the name of the county
of Essex ; which county is to be bounded on the east by the county of Suffolk, on the
south by lake Erie, on the west by the river Detroit to Maisonville's mill, from thence by
a line running parallel to the river Detroit and lake St. Clair, at the distance of four miles,
until it meets the river La Tranche or Thames, thence up the said river to the northwest
boundary of the county of Suffolk.
That the nineteenth of the said counties be hereafter called by the name of the county
of Kent ; which county is to comprehend all the country not being territories of the Indians,
not already included in the several counties hereinbefore described, extending northward
to the boundary line of Hudson's bay, including all the territory to the westward and
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QRITISH STATUTES,
southward of the said line, to the utmost extent of the country commonly called or known
by the name of Canada.
And know ye, also, that our said lieutenant governor hath also declared and appointed,
and doth hereby declare and appoint, that for the purposes of representation, the said
county of Glcngary, bounded as aforesaid, shall be divided into two ridings, the first riding
to include the late township of Charlottcnburgh, and the second riding to comprehend
such part of the said county of Glengary as is not contained in the first riding, and that
each of the said ridings shsdl send one representative ; that is, the said first nding shall
and may be represented in the said house of assembly by one member, and the said second
riding shall and may be represented in the said house of assembly by one member; and
that me said county of Stormont, bounded as hereinbefore is described, shall and maybe
represented in the said house of assembly by one member ; and that the said county of
Dundas, bounded as hereinbefore is described, shall and may be represented m the said,
house of assembly by one member ; and that the said county of Grenvill, bounded as
hereinbefore is described, shall and may be represented in the said house of assembly by
one member ; and that the said county of Leeds and county of Frontenac, severally bounded,
as hereinbefore is described, shall together send one representative, that is, the said coun-
ties of Leeds and Frontenac shall and may be represented together in the said house of
assembly by one member ; and that the county oi Ontario and the county of Addington,
severally bounded as hereinbefore is described, shall together send one representative,
that is, the said counties of Ontario and Addington shall and may be represented together
in the said house of assembly by one member ; and that the county of Prince Emvard,
bounded as hereinbetore is described, together with the district of the late township of
Adolphus in the county of Lenox, shall together send one representative, that is, the said,
county- of Prince Edward, together with the said district, late the township erf Adolphus,
shall and may be represented together in the said house of assembly by one member ; and
that the county of Lenox, (the said district, late the township of Adolphus, excepted,) '
with the counties of Hastings and Northumberland, severally bounded as hereinbefore is
described, shall together send one representative, that is, the said county of Lenox, except
as before excepted, and the said counties of Hastings and Northumberland shall and. may
be represented together in the said house of assembly by one member ; and that the counties
of Durham and Yoric, and the said first riding of the coimty of Lincoln, severally bounded .
as hereinbefore is described, shall together send one representative, that is, the said counties
of Durham and York, and first ridmg of the county of Lincoln, shall and may be repre-
sented together in the said house of assembly by one member ; and that the said second
riding of the said county of Lincoln, bounded as hereinbefore is described, shall and may
be re{H*esented in the said house of assembly by one member; and that the said third
riding of the said county of Lincoln, bounded as hereinbefore is described, shall and may
be represented in the said house of assembly by one member ; and that the said fourth
riding of the said county of Lincoln, and the county of Norfolk, severally bounded as
hereinbefore is described, shall together send one representative, that is, the said fourth
riding of the said county of Lincoln, and the county of Norfolk, shall and may be repre-
sented together in the said house of assembly by one member ; and that the county of
Suffolk and the county of Essex, severally bounded as hereinbefore -is described, shall
together send one representative, that is, the said counties of Suffolk and Essex shall and
may be represented together in the said house of assembly by one member ; and that the
said county of Kent, as hereinbefore is described, shall and may be represented in the
said house of assembly by two members ; of which our loving subjects and all others
concerned are to take notice, and govern themselves accordingly.
In testimony whereof. We have caused these our letters to be made patent, and the
great seal of our said province of Upper Canada to be hereunto affixed. Witness our
trusty and well beloved John Graves Simcoe, esquire, our lieutenant governor of our
said province of Upper Canada, and colonel commanding our forces in Upper Canada, &c.
Sec. at our government house in the town of Kingston, this sixteenth dav of July, in the
year of our Lord one thousand seven hundred and ninety-two, and in the thirty-second
year of our reign. J. G» S»
[Signed] Wm. Jabvis, Secretary.
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S8 BWTISH STATUTES-
Ordinances of the late Province of Q^uebee.
[See revised edition of the Proyincial Statutes, published by authority in 1818.]
It appears, on a revision of the ordinances of the late province of Quebec, that none of
them remain in force in this province, unless it be the 2a and 4th clauses in an ordinance
passed in the 17th year of George III, ch. 7, entitled, ^^ An ordinance to prevent the selling
of strong liquors to the Indians in the province of Quebec, as also to deter persons from
bujine their, am^s or clothing, and for other purposes relative to the trade and intercourse
with the said Indians," which prohibits tlie purchase of Indian presents, and whereby it
is enacted ^^ That from and after the publication of this ordinance, no person or persons
whatsoever shall purchase, or receive in pledge, or in exchange, any clothes, blankets,
fire-arms, or ammunition, belonging to any Indian or Indians within this province, imder
k penalty of five pounds, and imprisonment for any time not exceeding one month, for the
fint offence, and of ten pounds, and imprisonment for any time not exceeding two months,
for the second and ^very other subsequent offence."
" That it shall and may be lawful for any person or persons whatsoever, to sue for the
penalties and ^forfeitures aforesaid, by information before one or more of the commissioners
of the peace of the district in which any offence against any of the aboye articles of this
ordinance shall have been committed, who is and are hereby authorized and required to
hear smd determine such information in a summary manner, and UDon the oath of one
credible witness, (being some other than the informer himself,) and To inflict the said im-
misonment, and to levy the said penalties or forfeitures, together with the costs of suins
for the same, by a warrant to seize and sell the goods or lands of the offenders. Provided
always, that such informations shall be brou^t within six calendar months from the
time ihp offence shall have been committed, and not after."
And that part of the ordinance passed in the 29th year of 'George III, ch. 3, entitled,
^^ An act to continue an ordinance regulating the practice of law, and to provide more
effectually for the dispensation of justice, and especially in the new districts," which en-
acts ^^That simple larceny, when the goods stolen shall not in value exceed twenty
shillings sterling money of Great Britain, shall be deemed and adjudged only petty
larceny."
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UPPER CANADA STATUTES,
PASfKD IN
THE FIRST SESSION OF THE FIRST PROVINCIAL PARLIAMENT,
MET AT NIAGARA, qpV THE SEVENTEENTH DAY OF SEPTEMBER, AND PROROGUED ON THE
FIFTEENTH DAT OF OCTOBER FOLLOWING, IN THE THIRTY-SECOND TEAR
OF THE REIGN OF GEORGE III.
JOHN GRAVES BIMCX>E» SS^iUJRE, USUT£NANT OOYfiEKOE.
Aaim IkMninI 179S.
Ill, c 83.
(SM2dO«o.IV,el8.)
Chapter I«
An act to repeal certain parts of an act passed in the fourteenth year of his Majesty^ s
rtijffi, entitledy ^^ An act making more effectual provision for the government of the
province of Quebec in North America and to introduce the English law as the rule
of decision in all matters of controversy j relative to property and civU rights.^^
[Passed October 16» 1702.]
Whereas by an act passed in the fourteenth year of his present Majesty, entitled^
*^ An act for making more effectual provision for the government of the province of Quebec,
in North America,'' it was, among other things, provided, ^^ That in aU matters of oontro-
versy relative to property and civil rights, resort should be had to the laws of Canada as
the nde for the decision of the same ;" such provision being manifestly and avowedly
intended for the accommodation of his Majesty's Canadian subjects : And whereas, since
the passing of the act aforesaid, that part of the late province of Quebec now compre-
hended within the province of Upper Canada, haying become inhabited principally by
British subjects, bom and educated in countries where the English laws were establishea,
and who are unaccustomed to the laws of Canada, it is inexpedient that tHe provision
aforesaid, contained in the said act of the fourteenth year of his present Majesty, should
be continued in this province ; be it enacted by the King's most e:^ellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision wr the government of the said province,' " and by the authority
of the same, that from and after the passing of this act, the said provision contained ill
the said act of the fourteenth year of his present Majesty be, and the same is hereby
repealed ; and the authority of the said laws of Canada and every part thereof, as forming Jjj^ d^cfbio^TfajiMi*
a rule of decision in all matters of controversy relative to property and civil rights, shaft tenofcoBtroreny, r»-
be annulled, made void, and abolished, throughout this province, and that the said laws, J^ ri^tT"**^^ *^
nor any part thereof as such, shall be of any force or authority within the said province,
Dor binding on any of the inhabitants thereof.
II. Provided always, and be it enacted by the authority aforesaid. That nothing in this
act shall extend to extinguish, release, or discharge, or otherwise to affect any existing
rif^t, lawful claim, or incumbrance, to and upon any lands,, tenements, or hereditaments
within the said province, or to rescind, or vacate, or otherwise to affect any contract or
4
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The
lepeded te
» fiir as it eottstitBtes
witlMmtaffeeti^gdMBs
OB veel propcffty or
coBtmets or seevritica
■IrMd J executed.
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«0
C. 2y 3, 4. — ^Thirtth9C0ond Year or Osorob III. — 1792.
[Fbmv Ssaiwir,
Tlie Ucw of
to be heneeforth the
nle of deeition.
Bat tho ordinaDOot of
the prorinee of Qaebec
•re no farther repealed
than as bythb act they
•re neceisarily Tariea.
Hie rales of evidence
to be regulated by those
established in Englttid.
But no ehenUioa Is
made in the subsisting
prorisioiui respecting
eeelesiastieal rights or
daesv or the jorisdie-
tion of eooxts of jvstice,
or to introdaee any or
the poof or bnnl^rapt
aecuritv already made and executed , conformably to tlie usages prescribed by the €ttid
laws of Canada.
III. And be it further enacted by the authority aforesaid, That from and after the
passing of this act, in all matters of controversy relative to property and civil ri^ts,
resort shall be had to the laws of England, as the rule for the decision of the same*
IV. Provided always, and be it enacted by the authority aforesaid. That nothing in this
act shall extend, or be construed to extend, to repeal or vary any of the ordinances made
and passed by the governor and legislative council of the province of Quebec, previous to
the division of the same into the provinces of Upper and Lower Canada, otherwise than
as they are necessarily varied by the provisions herein mentioned.
y. And be it further enacted by the authority aforesaid. That all matters relative to
testimony and legal proof in the investigation of fact, and the forms thereof, in the several
courts of law and equity within this province, be regulated by the rules of evidence
established in England.
VI. Provided always, and be it enacted by the authority aforesaid. That nothing in
this act contained shall vary or interfere, or be construed to vary or interfere, with any of
the subsisting, provisions respecting ecclesiastical rights or dues within this province, or
with the forms of proceeding in civil actions or the jurisdiction of the courts already
established, or to introduce any of the laws of England respecting the maintenance of the
poor, or respecting bankrupts.
Pleamhle.
AU issues of fact to be
determined by the rer-
diet of 12 jurors, con-
formably to the law and
custom of Elagland.
(See84thGeo.ni,c];
MlhtSeo.III.b2;4St]|
Geo. Ill, c Id.)
Who may bring in a
special verdict.
Chapter II.
An act to establish trials by jury.
Whkreas the trial by jury has been long established and approved in our mother
country, and is one of the chief benefits to be attained by a free constitution, be it there-
fore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, 'An act for making more effectual provision for the
government of the province of Quebec, in North America, arid to make further provision
for the government of the said province,' " and by the authority of the same. That from
and after the first day of December, in this present year of our Lord one thousand seven
hundred and ninety-two, all and every issue and issues of fact, which shall be joined in
any action, real, personal, or mixed, and brought in any of his Majesty's courts of justice
within the province aforesaid, shall be tried and determined by the unanimous verdict of
twelve jurors, duly sworn for the trial of such issue or issues, which jurors shall be sum-
moned and taken conformably to the law and custom of England.
II. Provided always, and be it further enacted by the authority aforesaid. That nothing
herein contained shall prevent, or be construed to prevent, the said jurors, in all cases
tvhere they shall be so minded, from bringing in a special verdict.
Chapter III.
An act to establish the Winchester measure^ and a standard /or other weights and
' .measures throughout this province.
.[Repealed by 4tii Geo. IV, Cii. 16.]
Preamble.
Chapter IV.
An act to abcUsh the summary proceedings of the courts of common pleas in actions
wider ten pounds sterling.
Whereas the introduction of the trial by jury hath materially altered the constitution
of the courts of common pleas, held for the trial of causes under the value of ten pounds
sterling, so that their times of sitting and forms of process must become manifestly incon-
venient ; be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, *^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, * An act for making more eflcctual provision for the
Digitized by VnUOV IC
t>tmt PAiataAMsirr.]
C. 5, 6.^-THnLTr-BBooirD Tear of Gcoros III. — 1T9S.
Sv^enmient of the proTmee of Quebec, in North Ameriea, and to make further provision
' the govemment of the said province,' " and by the authority of the same, I'hat from
and after the passing of this act, all causes of action that exceed in value the sum of forty
ahiUiiigS) Quebec currency, shall be commenced and proceeded in at the same times and in
the aamef nuouier as is directed for the trial of causes above ten pounds sterling.
$1
How to proceed in m«
tioDs Above 40i*
PrcemUe.
Chapter V.
An act to prMienl accident9 by fire in this praoince.
Whbrsjis the inhabitants of the province of Upper Canada are liable to receive great*
uijuries from accidental fires that may happen therein ; be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act. passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain puis of an act passed in the fourteenth year of his Majesty's reign, enti*
tied, ' An act. for making more effectual provision for the government of the p'ovince of
Quebec, in North Amenca, and to make further provision for the govemment of the said
province,'"" and by the authority of the same, That from and ailer the first day of No-
vember, in* the year of our Lord one thousand seven hundred and ninety^^two, it shall-and^
may be lawful for the magistrates of each and every district in this province, in quarter
sessions assembled, to make such orders and regulations for the prevention of accidental Mei;i«twtef in jmirter
fires within the same, as to them shall seem meet and necessary, and to appoint firemen, •""*** « <««
or other officers, for the prevention of accidental fires, or for the purpose of extinguishing
the same, when such may happen ; and to make such orders and regulations, as to them
may seem fit or necessary, in any town or towns, or other place or places, in each district
within this province, where there may be forty store houses and dwelling houses within the
space of half a mile square.
make re^iidatioiit to
prerent accidenUl firet
when 40 store «m1
dwelUng houses ere e-
reeled within half e
mile square.
(See 7th Geo. IV, eS.)
Preamble.
Two or more justices
Chapter VI.
Jh ad for the more easy and speedy recovery ofsmali debts*
Whbrsas it will contribute to the conveniency of the inhabitants of this province, to
have an easy and speedy method of* recovering small debts ; be it enacted by the King's
most excellent Majesty^^by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to
repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
^ An act for mddng more efiectual provision for the govemment of the province of Quebec^
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same: Thatfrom and after, the passing of this act, it shall and
may be lawful for any two or more justices of the peace, actmg under and by virtue oi. may hold a court of re-
his Mb^^j^s conunission within the respective limits of their said commissions, to assefti- ^d^'StiSSa^ V'iwy
ble, sit and hold a court of justice, to be called a court of requests, on«the first and third month, within their re-
Saturday in. every month, at some fixed place within their respective divisions, which S*iL*rertidied hTqi ^
division »shall be ascertained and limited by the justices assembled iatheir general quarter ter sessions,
seasioDS, or the greater part of them, and the place for holding the said court shall be fixed
by the justices acting in and for the said division, or the greater part of them ; and the
said justices are hereby declared, constituted, and appointed, to be commissioners to hear
and detennine all such matters of debt as are hereinafter mentioned ; and shall have power
and authority, by virtue of this act, to give judgment, and decree and award exedutiofi
thereupon, with such costs as shall be hereinafter specified, against tiie goods and chattels
of all and every the person and persons against whom they shall give any judgment or
deereOy as to them shall seem just in law and equity.
11. [Repealed by 56th Geo. Ill, c 5, s 1.]
III., And for the more due and regular proceedings in the said court, it is hereby further
enacted, ThatJt shall and may be lawful for the said justices to administer an oath to the Ma^administeranoath
plaintiff on defendant, as well as to such witness or witnesses as shall be produced by each {SewltSSHS T^t^
nartv* and also to all the officers of the said court, when the said justices shall think it aUo offieers of 'the
■^ • » court.
meet.
IV. And he it further enacted by the authority aforesaid. That in case any person or
persons shall make oath or give evidence in any cause depending before the said justices
in the said court, whereby he or they shall commit wilful or corrupt perjury, and thereof p^ri„^p^,^^„by
be duly convicted according to law, that such person or persons shall suffer the pains and sthiSSs.
and give judgment and
award execnuon there-
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Fm».
C. 7.— TiHRTf-eiVPOirp Yjbab or (teenuuB III.— 1798.
p(^Bidti68 iaflietod <m wiUiit wd oonrupt pe^^ yttiraf
4ie reigpi of Quee« Elizabeth*
V. And be it further enacted by the authority aforeaaid. That no focaon or pftwtiiw
ahidl be capable of acting as a eonuniasioner or commiaaioaera in the execution^ the
power given bjy this act, until such time as he or they shall respectiToly ham taken ^m
oath, to the effect following :
" I, A. B,, do swear, that I will faithfully, impartially, and hmieatly, aeeording to the
best of my judgment, hear and determine such matiera and things as shall be brought
before me, by virtue of an act of the legidature of this province, entitled, ^ An aet for the
more easy and speedy reeoveiy of small debts,' without farar cr affaclioD to either party.
So help me God."
VL And be it fturther enacted by the authority aforesaid. Thai the several fees aadf
ppiM of mteey hereinafter limited and expresaed, and no more, shall and may be taken :
For every summons, six pence; for every judgment, two shilliiiqss; for every execution,
two shillings; for every sobpesna, six pence; for every copy of judgment, if deoBanded,
one shilling ; the allowance to be paid to all and every of the witnesses, to be left to Ae
discretion of the justices, but not to exeeed two shillings and sixpenee per day to eadk
witness; and for serving every summons or subpoma, within cme mile of the jnatice'a
house, one shilling; and for every mile in travelling to execute the same, when the dis«;
tance exceeds one mile, four pence ; for serving a writ of execution, seizing and selling
^ffects aqd making return, two shillings.
[See 87th Oeo. Ill, c 6, s 7; 38th do. c 3; 42ddo. c S, s 1; and 66th do. c 6.]
No gnatec prapotiMo
fpbe takan for grnding
oaatwcUUi-
Piigi ^iii|lMi iqaikod.
Chapter VII.
An act to rcgtUate the toll to be taken in miUs.
[Passed October 16, 1792.]
Whsamas it is expedient to ascertain and determine the quantity of grain to be taken
by way of toll, for grinding the said grain into flour and bolting the same, and whereas
different customs have obtained within the several districts of this province ; be it there-
fore enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the pariiament of Great
Britain, enthled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^An act for making more effectual iMt>vision for the
Svemment of the province of Quebec, in North America, and to make further provision
: the government of the said province,'" and by the authority of the same, That from
fifid after die first day of January, in the year of our Lord one thousand seven hundred
and ninety-three, no owner or occupier, or owners or occupiers of any mill or imlls wMiin
this province, or any person employed by him or them, shall demand, take, or receive
any quantity or proportion of grain, brought to him or them to be ground and bolted,
greater than one twelfth share or part, for grinding and bolting such grain.
II. And be it further enacted by the authority aforesaid. That any owner or occupier,
pr owners or occupiers of a mill or mills within the said province, or any person employed
by him or them, who shall demand and take, after the day and year above mentioned, any
quantitv or proportion of grain, greater than one twelfth share or part of such grain as
{foresaid, shall, for every such offence, forfeit and pay the sum of ten pounds, Quebec
currency; one moiety thereof to his Majesty, his heirs and successors, for the public usee
of the said province, and the support of the government thereof; and the other moiety of
the said sum to any person who shall sue for the same in any of his Majesty's courts -of
record within this province.
Hi. And whereas much inconvenience and confusion has arisen from the custom o€
bringing bags of grain, without any distinguishing mark to whom the said bags*(tf grain
belong ; be it enacted by the authority aforesaid, That no owner or occujNier of any mfli
shall be bound to receive, or be chargeable with the loss of any bag or bags of grain or
flour, unless the same be marked with the initial letters of the christian and simame of
the owner of the said grain, or with some mark distinguishing the said bag or bags, which
m$sk of distinction shm be previously communicated and made known to the said owner
pr occupier, or his servant usually attending the said mill.
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R«|MI ^AHpitf weNT.]
C^ ^.'-^Tmnen-Bmcoxa} Thar mr Qbobos: III. — 1793.
83
Campter VIII.
jIn^ ci«t j%r bwMUng a gaol mid court house in every distridt u>iihin this promnce, and
for altering the names of the said districts.
[PtisedOetober 1^1792.] '
WfloadBAiK great meonTenienees have been suffered by the inhabitants of this province
bom the want of prisons taid eoort homes in the several distriets thete<^>y and whereas
gpeMwriliKiifj^i ^are mamkMy necessary for the regular administration of justice, and the
due ezeeotion of Uie laws ; be it enacted by the King's most excellent Majesty, by and
mik iha advie# md-^ecnaent of the fegislative conncU and assembly of tWe province of
Uppw Canada, eonatitiiled and assembled by virtue of and tmder the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
ael passed in the fourteenth year ot his Majesty's reign, entitled, ^An act um* middng
pore effisclual provisioQ for the government of the jH-ovince of Quebec, in North America,
and to make further provision for the government of the said province,^'' and by the an-
fliarify of the same^ That a gaol and court house shall be erected, in manner hereinafter
to be mentioned, in each and every district throughout the said province.
II. And be it further enacted by the authority aforesaid. That from and after the pass-
ing of this aet, the name of the district at present known by the name of tiie district of
Lunenburgh, and bounded as yi a certain proclamation issued by Us excellency, Guy,
bard Dorchester, in the twenty-eighth year of his Majesty's reign, is described, shall cease,
and thai, the said district shall hereafter, in all pubUc proeeedings, be called and known by
the name of the Eastern district.
HI.. And be it further enacted by the authority aforesaid. That from snd after the
pnaantgoif this act, the name of the district at present known by the name of the district
of Me&^iburgh, and bounded as In a certain procIi»nati<m issued by his excelleocy, Guy,
lord Dorchester, in the twenty-eighth year of his Majesty's reien, is described, shaU cease,
and that the saiid district shall hereafter, in all public proceedings, be cdied and known
by the name of the Midland district.
* iV« And be it farther enacted by the authority aforesaid, That iirom and after the passing
of thk act, the name of the district at present known by the name of the district of Nassau,
anA bounded as in a certain proclamation issued by his excellency, Guy, lord Dorchester,
in die twenfy-eighth year of his Majesty's reign is described, shall cease, and that the said
distriet shell hereafter, in all Qublic proceedings, be called and known by the name of the
Home district
V. And be it fiirther enacted by the authority aforesaid. That from and after the passing
of this act, the name of the district at present known by the name of the district of Hesse,
and bounded as in a certain proclamation issued by his excellency, Guy, lord Dorchester,
in the twenty-eighth year of his Majesty's reign, is described, shall cease, and that the
sdd distrfet shall hereafter, in all public proceedings, be called and known by the name of
the Western dbtrict.
VI. Provided always, and it is hereby enacted, That such alteration of the names of
the said several districts shall not impeach, or be construed to impeach the validity of any
existing commission, granted for the exercise of any authority or jurisdiction within the
limits of die said districts, or any of them, by the names hereinbefore mentioned, or to
make void any legal or other proceeding, had under and by virtue of the said commissions^
or otfierwise to affect the said commissions in any respect whatever.
VII. And for the better effectuating the building of the said gaol and court house in each
of the said districts, be it further enacted by the authority aforesaid, and it is hereby
enacted, That the justices of the peace within the respective limits of their commissions,
at the general quarter sessions assembled, shall be authorized, and they are hereby autho-
rnied, by sudi means as shall to them seem most fitting and convenient, to procure different
plans and' elevations of a gaol and court house, to be laid before them, for the purpose of
rideeling and determining upon one of the said plans and elevations, which snail be
appi^aared of by the ereater part of the said justices then and there assembled as aforesaid.
VIII. And be it rarther enacted by the authority aforesaid. That it shall and may be
lawful for any two or more of the said justices, assembled in manner aforesaid, in the
name and on the behalf of the inhabitants of the several districts, to contract, and they
are hereby enabled and authorized to contract, with any person or persons, who shall be
willing to build the said gaol and court house, according to the plan so approved oi as
aforesaid, upon a scite or situation to be determined upon by the said justices, or the
greater part of them, so assembled as aforesaid ; and for that purpose, the said plan and
elevation shall remain and continue in the office of the clerk of the peace of the said
several districts, for general inspection, and public notice shall be given to all persons
willing to contract for the building of the said gaol and court house, to deliver in, within
a certain limited time, written proposals or oilers, under seal, of the sum of money for
Pfeamble.
A nol aad court honte
to M boih in cacli di»>
trict.
The district of Lanen-
bttrehtobe hencefortli
eidfidflN
lflMBMtefB4i»*
trict
The district of Meek-
lenbnrgfa to be heoce-
forth caOed the Mid-
land district.
The district of Nassau
to be henceforth called
the Home district.
The district of Hesse
to be henceforth caUed
the Western district.
Such alteration of
names not to ayoid eom-
Biissions or legal pro-
ceedings.
Maf^istrates in quarter
sessions to procure dif-
ferent plans and eleva-
tions of a gaol and court
house, and to approve
of one, and
to contract for building
the same, agreeable
thereto.
Public notice being
given for receiving pro-
posals, and the same
examined, the lowest
shall be accepted, pro-
vided the security be
sufficient.
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84
C. 8, — ^Thirit-^xcokd Ybab op Obosob III. — 'ITOS.
IFaant Si
Wbu tobteonpkUd.
Where to be built in
tiw EMtetn district.
(See 34tb Geo. III» o
10, tl; end 48th, e 16.)
in tbeMidknd district
in the Home district
in the Weitem district
Sheriff to eppolBt the
geoler.
No license to be f^t-
ed for reteilinc spirita-
ons liquors within such
gnols.
Peneky on geolers
transgressing in this
respect
Penaltj for e second
transgression.
Rules made in quarter
sessions, when ^pro-
ved bj a jodge shall be
binding on the gaoler
and prisoners.
A yeariy salary shall
be appomted to such
gaoler in pkee of all
fees, jperqnisites or im-
positions whatever.
(See 34th Cko. Ill, c
10. 38th, c 6, 42d, c 2,
s 2, 48th, c 15, 5Sth, c
8, 66th, c 2, s 8, c 18
and 19, s 4.)
which he or they will engage to build such gaol or court bouse, eonformablj to eettain
articles and conditions, to be agreed upon by the justices then present, or the greater part
of them as aforesaid ^ and that the said justices shall, on a day for that purpose pteriaimfy
to be fixed, openly examine the said proposals so delivered in as aforesaid, and shall be
empowered, and are hereby required, to contract with such person t>r persons as shall
offer to imdertake and perform the said buildings for the lowest price, provided the person
or persons making such {»x>posaIs shall give and enter into good and sufficient securfUr, to
be approved of by the said justices, or the greater part of &eni, in manner aforesaid. Urn
the due performance of their contract.
IX. Provided always, That it be an article within the said contract, and the persi» or
persons so contracting shall engage, that the said gaol and court house shall be eompleled
within eighteen calendar months after the execution of the said contract.
X. And be it further enacted by the authority aforesaid. That a gaol, and court house
for the Eastern district, shall be bmlt in manner aforesaid, in the town of New Johnstown,
in the township of Edwardsburgh.
XI. And be it further enacted by the authority aforesaid. That a gaol and court house
for the Midland district, shall be built in manner aforesaid, in the town of Kingston. [See
2d Geo. IV, c 21, and 4th Geo. IV, c 32.]
XII. [Repealed by 66th George III, <; 18, s 6. See 4th Geo. IV, c 24, 4th Geo. IV,
c 33, and 6th Geo. IV, c 4.
XIII. And be it further enacted by the authority aforesaid. That a gaol and court house
for the Western district, shall be bmlt in manner aforesaid, as near to the present court
house as conveniently may be.
XIV. And be it further enacted by the authority aforesaid. That in each and every
district, the sheriff thereof shall have power and authority to nominate and appoint
such person as he shall judge most proper, to the office of gaoler and keeper of the gaol
and court house, and also to remove and discharge such gaoler and keeper.
XV. Provided always. That no license shall be granted for retailing any spirituous
liquors within any of the said gaols or prisons, and if any gaoler, keeper, or officer of any
gaol or prison, shall sell, lend, use, or give away, or knowingly permit, or suffer any
spirituous liquors or strong waters, to be sold, used, lent, or given away, in such gacd or
prison, or brou^t into the same, other than except such spirituous liquors or strouj;
waters as shall be prescribed.or given by the prescription and direction of a regular ^ysi*
cian, surgeon, or apothecary ; every such gaoler, keeper, or^ other officer, shaU for every
such offence, forfeit and lose the sum of twenty pounds, current money of this province,
one moiety thereof to his Majesty, his heirs and successors, for the public uses of the
said province, and the support of the government thereof, and the other moiety of the
said sum, with full costs of suit, to such person or persons as will sue for, the same, in
any of his Majesty's courts of record in this province, by action of debt, bill, plaint, or
information ; and in case any such gaoler or other officer being convicted mereof as
aforesaid shall again offend in like manner, and be thereof a second time lawfully convicted,
such second offence shall be deemed a forfeiture of his office..
XVI. Provided also. That it shall and may be lawful for the said justices at their
quarter^sessions assembled, as aforesaid, or the greater part of them, .to frame and draw
up such rules and regulations to be observed and obeyed within the said gaols respectively,
as to them shall seem most proper and convenient, which having received the approbation
and signature of one of the judges of the supreme courts shall be binding on the gaoler
and prisoners.
XVII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said justices within the respective limits of their commissions, assembled as
aforesaid, or the greater part of them, and they are hereby authorized and empowered, to
ascertain and appoint a reasonable yearly salary, according to their discretion, to be paid
to the gaoler, and that the said salary slndi.be in place of air fees, perquisites, or imposi-
tions of any sort or kind whatever; and that it shall not be lawful for the said gaoler or
any officer belonging to the said gaol, to demand or receive any fee, perquisite, or other
payment, from any prisoner who may be confined within any of the said gaols or prisons.
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Second Session of tlie first Provincial Parliament.
mr NIAGARA, ON THE THlRT7-riR5T DAT OF MAYy AND PROROGUED ON THE NINTH
DAT 09 JVhY FOLLOWING, IN THE THIRTT-tHIRD TEAR OF THE RE16N
OP GEORGE III.
JOHN GRATES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR.
Aju&o DomiBi 1703«
Cbapter I.
An act for the better regulation of the mUitia in this province.
[RSFBALBD BY 48tr GbO. Ill, Ch. 1.]
Cliapter II«
An act to provide for (he nomination and appointment of pariah and town officers
within this province,
CFlU0edJiil79,179a]
Whjbrsas it is requisite for the maintenance of good order and the regular execution of
ihe laws, that proper officers should be appointed to superintend the obsen'ance thereof;
be it enacted by tine King's most excellent Majesty, by and with the advice and consent
of tlie legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the gov-
eminent of the province of Quebec, in North America, and to make further provision for
the government of the said province,' " and by the authority of the same. That it shall
and may be lawful, as soon as conveniently may be, after the passing of this act, for any two
of his Majesty's justices of the peace, acting within the division in which any parish,
township,, reputed township, or place, may be, to issue their warrant, giving eight days
previous notice to the constable of such parish, township, reputed township, or place,
authorizing him, on a day to be fixed by the said justices in the present year, and on the
first Monday in the month of March [a] in every ensuing year, to assemble the inhabitant
householders, paying or liable to pay to any public assessment or rate of such parish,
township, reputed township, or place, in the parish church or chapel, or in some convenient
place within the said parish, township, reputed township, or place, for the purpose of
choosing and nominating the parish or town officers hereinafter mentioned, to serve in
their respective offices for the year next ensuing, at which meeting the said constable shall
preside.
II. And be it enacted by the authority aforesaid. That it shall and may be lawful for
the said inhabitant householders, or the greater part of them so assembled, to choose one
fit and proper person from among the inhabitants, to be clerk of the said parish, town, or
township, who shall and is hereby required to make a true and complete list of every
male and female inhabitant within the limits of his parish, town, or township, and return
the same to the justices acting as aforesaid, so as they may produce the said list at the
general quarter sessions in the month of April to be holden, and the said clerk shall and
is hereby required, to enter and record all such matters as shall relate to the said parish,
ioymy or township, and shall appertain to his office, which records shall be faithfully and
carefully kept and preserved by such clerk, and by him delivered to his successor duly
nominated and appointed.
III. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the said inhabitant householders, in manner aforesaid, to choose two fit and proper per-
sons^ from among the said inhabitants, to serve the office of assessors for the said parish,
township, reputed township, or place, who shall assess all such rates and taxes as shall be
imposed by any act or acts of the legislature of this province, and be payable by the
inhabitants thereof.
IV. And also to choose and nominate in manner aforesaid, one fit and proper person to
serve the office of collector for such parish, township, reputed township, or place, who
Preamlile.
AjumaltowB meetings
to be holden, Msemr
bled by wamnt of two
mngistnUei.
when;
(SeoWh Gm. Ill, 0
6.)
d\ Junnir— eee 07tk
" III,c7,«2.
for the poipof e of ehoos*
•ine parisn and town
offieen.
Election of n pnrieh or
.townelerfc.
Duties ofhis office.
[Repealed as^ to the
census by 4lh*6eo. IV.
C7.1
Election and duties of
a«iies8ors.
Election and duties of
collector.
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36
C. 2. — ^Thibty-trird Ybar or Gsobos IIL^ — 179S.
[Umaan
Efleetioii and dutieg of
the ortneen of the
highwayi.
M Twelve. See 4(fth
Oeo.III,c6. Fifteen hy
60th Geo. Ill, c 8,—
•nd thirty maybe ap-
pointed tiy llih Geo.
sieney oi
eet to be within their
eognizanee.
Nomination of
Nomination or poond
keeper, end dntief in-
cident to his office.
[6] Six may be appoin-
ted by 1 1th Geo. iV, c
7.
Nomination of town
wardens.
Prorialon m behalf of
parish ehorehea when
Powers Tested in town
wardens.
A list of persons nomi-
nated at snch meeting
shidl forthwith be com-
monicated to a magis-
tnteof diedirision.
Who may swear the
same into office.
Oath.
Persons sworn shall be
held lawfully appoint-
ed.
Penalty for negleet-
iag or refbsing to be
sworn into office, after
nomination.
Application of such
pcnaltiet.
Magistrates to name
other persons into offi-
ces vacant by refhsal.
shall and may, and is hereby authorized, from time to time, to demand and receive IhMii
the inhabitant householders, under the said assessmei^t, such monies as may be due and
payable from the said inhabitants, in respect of the matters aforesaid, which coUedNrflhaU
account for and pay over the monies so received by him, in such manner as shall be
directed by any act or acts of the said legislature, tnat may authorize the imposmg and
levying such rates and taxes respectively.
y. And also to choose and nominate, in manner i^oresaid, not less than two, or mrc
than six [a] person^, as shall be specified in the warrant to be issued by the said justices,
to serve the office of overseers of highways and roads, to oversee and perform sudi things
as shall be directed by any act to be passed, touching or conceming the highways, and
roads in this province, which said overseers shall also serve the office of fence viewers,
and are hereby authorized and required, upon receiving proper notice, to view and deter*
mine upon the height and sufficiency of any fence or fences within their respective
parish, township, reputed township, or place, conformably to any rescdutions that may be
agreed upon by the said inhabitants at such meeting to be holden under and by virtue of
such warrant as aforesaid.
VL And also to choose and nominate, in manner aforesaid, a person or persons [6] to
serve the office of pound-keeper, who is hereby authorized to impound all cattle, and each
and every horse, sheep, and hog, that shall trespass on the lands of any perscm, having in-
closed the same by such high and sufficient fence, as shall have been agreed on in manner
aforesaid, and also to impound any stoned horse, more than one year old, that shall be
running at large upon the highways or commons, and to detain such horse, until the owner
thereof shall have paid the sum of twenty shillings, one half to be paid to the person
taking siieh horse, the other half thereof to the collector, towards the public stock of the
district.
VII. And also to choose and nominate, in manner aforesaid, twp fit and discreet persons
to serve the office of town wardens for such parish, township, reputed township, or place ;
but as soon as there shall be any church built for the performance of divine service,
according to the use of the church of England, with a parson or minister duly appointed
thereto, then the said inhabitant householders shall choose and nominate one person, and
the said parson or minister shall nominate one other person, which persons shall jointly
serve the office of church warden ; and that such town wardens or church wardens, and
their successors duly appointed, shall be as a corporation, to represent the whole inhabi-
tants of the township or parish, and as such may have a property in goods or chattels of
or belonging to the said parish, and shall and may sue, prosecute or defend, in all present-
ments, indictments, or actions, for, and on the behalf of the inhabitants of the said parish.
Yin. And be it further enacted by the authority aforesaid. That the constable presi-
ding at such meeting shall, and is hereby required, to cause a list to be made out,
containing the names of the persons chosen and nominated to serve and execute the
several offices hereinbefore mentioned in manner aforesaid, which list shall be signed by
the said constable, who shall forthwith communicate the same to either of the justices,
having signed the warrant by virtue of which such meeting was holden, and it shall and
may be lawful for either of the said justices, or for any justice of the peace, acting within
the division, and he is hereby authorized and empowered to administer an oath of office,
to each and every person or persons so chosen and nominated as aforesaid, within seven
days after such meeting as aforesaid, in the following form :
^^ You, A. B., do promise and swear, that you will faithfully, diligently, and justly serve
and perform the office and duties of for according to the best of
your abilities. So help you God."
And that every person having taken such oath, shall be held to be lawfully appointed to
such office, for which he shall have been chosen and nominated as aforesaid.
IX. Provided always. That any person so chosen and nominated to serve any of the
offices hereinbefore mentioned, in manner aforesaid, who shall refuse or neglect to signify
his consent to enter upon such service, and to take the oath hereinbefore set forth, by the
space of seven days after such nomination as aforesaid, shall forfeit and pay the sum of
forty shillings for every such neglect or refusal, to be recovered upon proof thereof on
confession, or by the oath of one credible witness, before any one justice of the peace,
acting within the said division, to be levied by wan'ant of distress, and sale of the goods
and chattels of the party so neglecting or refusing) and to be paid into the hands of the
treasurer, towards the public stock ofthe district, except in the case of forfeiture of any
person or persons nominated to be overseers of the highways and roads, and refusing to
act, whose penalties shall be paid into the hands of the commissioners of the highways and
roads ; and that it shall and may be lawful, in case of refusal as aforesaid, for any two of
his Majesty's justices, acting within the said division, to hold a special session for the pur-
pose of naming one or more person or persons to serve the office that may have been
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Pn«r PABtJiuftiiirr.]
C. a. — ^Thirtt-thibjd Year op Osorok HI. — 1793;
9T
refined by the partj chosen to aerye the same, and fined in manner aforesaid ; and if the
person or persons so named hj the said justices, upon being served with due notice thereof,
wMeh aotiee the constable is hereby required to serve upon the person, or leave the same
at his usual place of abode, shall ne^ect or refuse by the space of sevep days after the
sejrviee of such notice, to accept the said office and ts^e the oath hereinbefore prescribed,
he shall for every such neglect or refusal forfeit the sum of forty shillings, to be levied by
diatress-and sale, and paid over in manner hereinbefore mentioned.
X. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the justices of the peace, within the respective limits of their commissions, at their
H^eneral -quarter sessions in the month of April assembled^ or the greater part of them, to
nominate and appoint yearly and every year^ a sufficiently discreet and proper, person to
serve the office of high constable in each and every district, and also to nominate and ap-
point such a sufficient number of persons, as in their discretion wiil be necessary, to serve
the office of coixstable in each and ever}' parish, township, reputed township, or place, and
the said constable and constables, before they enter into their office, shall severally take
the following oath, which ft Shall and may be lawfid for any justice of the peace to -admi-
nister :
" You shall well and truly serve our sovereign lord the King, in the office of
for the .of for the year ensuing, according to the best ot
your skill and knowledge. So help you God."
XL Provided always, and be it further enacted by the authority aforesaid, That no per-
aon having been aj^inted and served any of the offices mentioned in this act, sh^l be
liable to be appointed, or serve the same office, within three years from such appointment
and service^ unless he shall consent thereto.
XII. Provided also. That when any township or reputed township shall not contain
thirty inhabitant householders, it shall not be lawful for the said justices to issue their
warrant for calling a meeting therein, but the said inhabitant householders shall be joined
to, and be teputed and taken as inhabitants of the township adjacent thereto, which shall
eontain the smallest number of inhabitants.
XIII. And be it enacted. That it shall and may be lawful for the justices of the peace
within the respective limits of their commissions, at the general quainter sessions in the
mondi of April to be h<dden, as^mbled,, or the greater part of them, to limit and appoint
such fees and perquisites as to them shall appear reasonable to be demanded and taken by
every town clerk and pound-keeper of the several parishes or townships within their
respective districts.
Penaltv for refosiag
■ach oflie«.
Nomination of a hich
constable, amraally, for
each district,
and of constables for
each township, &c.
Oath.
Period of exemptloB
from an office after ser^
ying the same.
Provision for town-
ships, tie. thinly inha-
bited.
Fees and petowsites
of the town cleiks and
pound-keepers tobe re-
gidated in the April
SCHEDULE.
Joatices' IVarimnt to aaaemblo the Inltabltauta*
'Hon DttTBU?r:--^7b f&c CmutabUfor thtt Tononahip qf
in thetaid JHttrieL
Bt rirtne of tLnower for snch i^orpose granted by a certain act of the legislatnre of this province, made and passed in the
thirty-third year of his present Maiesty's reign, to us, A. B., esquire, and C. D., esqaire, two of his Majcstjr's justices of the
'peace ia tma for tl^ said district, these are to authorize and require you, giving eisrht days previous notice, to assemble the
'inhahltaat householders, paying or liable to pay to any public assessment or rate, living within your parish or township, to
meet at on for the purpose of choosing and nominating certain fit and proper persons, to serve the
«Ae««herefai speaificH, forthle ensuirfjS year, that is to say, one town clerk, two assessors, one collector, two or more
overseers of the l^ghwavs and roads, one or two pound-keepers, and two town wardens, according to the directions in the
said act contained; and for so doing, this shall be a sufficient warrant.
Given wider ear hands and seals at on the day of in the year of the
reign of
CfMsstable's ]f otlce to be ^wen. on a Nomlnsttion to sta CMBee by tbe Justices*
Hosts DisimicT. — Tbwnuhipi^ •
Wbsrsas at a special k^ssion for that purpose holdeo on the day of by A. B., es(]nire, and
C D., esquire, two ot his Majesty's Justices- of the peace for the said district, you were by the said justices nominated and
am>int4Ml to serve the office of for the township of for the year next ensuinr, by virtue of a power
to tikem for tkit purpose mnted by a certain act of the legislature of this province ; these are therefore to notify unto yon,
that unless vou accept the said office, and take the oath prescribed, within seven days from the receipt of this notice, you
I for such neglect or refusal forfeit and pay the sum of forty shillings, as by the said act is directed.
Dated this Say of in'the yc^
* Mr. I>. mT G. H., Constable.
Fonn of a warrant for
a town meeting.
Form of notiee on a
nomination by the jus-
tices.
(See 46th Geo. III,c6;
48th, c 14; 60th, c 12;
60th, e 1, s 14; 68d,
e9; 67th, c 7.)
Chapter III.
An act to authorize and direct the laying and collecting of assesstnents and rates in
every district within this province^ and to provide for the payment qf ioages to the
rnembers of the house of assembly.
[RxprALEO BT 47tii Geo. Ill, Ctr. T^Passed July 9, 1798.]
Digitized by
Google
C. 4, 5.— TRmTT-THiBB Ybar OF 6»weB III. — 1793.
[Smmii
Chapter IV.
An act to reguUUe the laying aut^ amending^ and keejping in njiatr, the piMic higkuwyf
and roads vHthin this province.
[Repealed by 60th Geo. Ill, Ch. 1.]
(See 88tli Geo. III»
o 4; 69th Geo. Ill,
e 15, and the marriage
actofl831.)
Preamble.
Marria^s heretofore
contracted, before any
person in pablic em-
ployment, declared Ta-
EST
and the issne .thereof
legitimate.
Method of preserving
the testimony of such
marriages.
Oath of the husband.
Oath of the wife.
Manner of entering the
same of record.
The register of such
record, or an attested
copy thereof, to be suf-
ficient evidence.
Chapter V.
An act to confirm and make valid certain marriages heretofore contracted in the coun-
try now comprised loithin the province of Upper Canada^ and to provide for the future
solemnization of marriage within the same.
Whereas many marriages have been contracted in this province, at a time when it
was impossible to observe the forms prescribed by law for the solenmization thereof, by
reason that there was no protestant parson or minister duly ordained residing in any part
of the said province, nor any consecrated protestant church or chapel within the same, and
whereas the parties having contracted such marriages and their issue inay therefore be
subjected to various disabilities, in order to quiet the minds of suchperson^ and to provide
- for the future solemnization of maiTiage within this province ; be it enacted and declared
by the King's most excellent Majesty, by and with the advice and consent of the legislar
tive council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain, en-
titled, " An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ' An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,' " and by the authority of the same. That the marriage and marris^es
of all persons, not being under any canonical disqualification to contract matrimony, that
have been publicly contracted before any magistrate or commanding officer of a post, or
adjutant, or surgeon of a regiment, acting as chaplain, or any other person in any public
office or employment, before the passing of this act, shall be confirmed and considered to
all intents and purposes as good and valid in law, and that the parties who have contracted
such marriage, and the issue thereof, may become severally entitled to all the rights and
benefits, and subject to all the obligations arising from marriage and consanguinity, in as
full and ample a manner as if the said marriages had respectively been solemnized accord-
ing to law. ,
II. And be it further enacted by the authority aforesaid^ That in order to enable thoae
persons who may be desirous of preserving the testimony of such marriage and of the birth
of their children, to effectuate the same, it shall and may be lawful at any time, within
three years from the passing of this act, for any magistrate of the district where any such
parties as may have contracted matrimony as aforesaid shall reside, at the request of either
of the said parties, to administer the following oath to the husband :
^4, A. B., do solemnly swear, in the presence of Almighty God, that I did pabtidy
intermarry with C. D. at on the day of in the year of
our Lord and that there is now living issue of the said marriage (as the case
rmay be)
T. B,, bom on the day of
M. B., born on the day of
"And to administer the following oath to the wife :
^^I, C. D., do solemnly swear, in the presence of Almighty God, that I did publicly
intermarry with A. B. at on the day of in the year of
our Lord and that there is now living issue of the said marriage (as the
case may be)
T. B., bom on the day of
M. B., bom on the day of
4¥hichibrm of attestation shall be subscribed by the parties, and certified under the hand
and seal of the magistrate administering the said oath, who shall be entitled to demand
and receive one shilling for such certificate; and that it shall and may be lawful for the
clerk of the peace of the district to enter and record, and he is hereby required, upon the
payment of the sum of two shillings, to enter and record such attestation, duly certified
as aforesaid, in a book or register to be by him kept for that purpose ; and that such re-
gister or an attested copy thereof, which copy the said clerk is hereby required to make
out, and on the payment of the sum of two shillings, to deliver to any person requesting
the same, shall be held and taken as sufficient evidence of such man-iage, and the birth of
such children, in all his Majesty's courts of law and equity. ^^ ^
Digitized by VnOOQ IC
PABSiSAllBirr.]
C. 5. — TBurrr-THTRi) Ysab or Obomkb III. — 1T93.
ture celebntioDof mar-
riages.
Circvmitances under
which it may be lawful
for a justice to folem-
nize marriage.
Form of the courch of
England to be followed.
Catlfiaileof Bttriage.
III. And be it further eliaeted by the authority aforesaid, That until auch time as there
thaH be five paraons or Boniaters of the church of England, severally incun^nt, or doing
doty on and in their respective parishes or places of residence in any one district ^thin
this province, such parties as are not under any canonical disability, and are desirous of
intermarryiiig with each other, and neither of them living within the distance of eighteen
miiesof any parson or minister of the church of England, may apply to any neighboring
justice of the peace within the district, and declare the same, whereupon it shall and may
be law&d Cor the said justice to cause to be afiGbEcd in some public place within the town-
ship or parish wherein the parties reside, or if they should reside in different townships
or parishes, then in the most public place within each of the said townships or parishes, a
notice in the following form, for which he shall be entitled to receive one shilling and no
more:
" Whereas A. B. of and C. D. of are desirous of intennarrying PubUe notice.
with each other, and there being no parson or minister of the church of England living
within eighteen miles of thera, or either of them, all persons who know any just impedi-
ment why they should not be joined in matrimony, are to give notice thereof to E. P.,
esquire, of one of his Majesty's justices of the peace for the district."
And if no valid objection shall have been made to such intended mairiage, when three
Sundays have intervened after the publication of the said notice, it shall and may be law-
fill for the said maristrate to proceed to solemnize the marriage, according to the form
prescribed by the ciiurch of England, and to give to the parties a certificate thereof, in
the foUewing form, for which he shall be entitled to receive the sum of one shilling, and
no more :
** TVhereas A, B. of and C. D. of were desirous of intermarrying
with each other, and there being no parson or minister of the church of England living
within eighteen miles of them, or either of them, they have applied to me for that pur-
pose : Now these are to certify, that in pursuance of the powers granted by an act oi^the
legislature of this province, passed in the thirty-third year of his Majesty's reign, I, E. F., .
one cf his Majesty's justices of the peace, having caused the previous notice by the statute
required to be given, have this day married the said A. B. and C. D. together, and they
are become Icj^ly contracted to each other in marriage."
Which certificate shall be signed by the parties, and also by any two or more persons pre-
sent at the said marriage, and such marriage shall be good and valid in law to all intents ^o^or^mnra'penoof
and pinposes whatever : And that upon application for that purpose made^ the clerk of present ;
the peace for the said district shall and may, and he is hereby required, to register the
said certificate iaa book for that purpose by him to be kept, and that it shall and may be
lawfol few* him to demand and receive the sum of two shillings for registering the same, ^^t^ti^^^
mad thait such register, or an attested copy thereof, which the said clerk is hereby required clerk of the peMe
t0 mdLe and deliver to any person requesting the same, and paying for it the sum of two
shillings, shall be held and taken to be sufficient evidence of such marriage in all his
Majesty's courts js£ law and equity.
IV. .And he it further enacted by the authority aforesaid, That if any person shall, after
Aepassingvof this act, make, aker, forge, or counterfeit, or cause or procure to be falsely
made, altered, forged, or counterfeited, or act or assist in falsely making, altering, forging, of any mkniage,
or eottnt^rfeiting, any such certificate of marriage as hereinbefore is required to be given, ^d rmpriro^en't!
CM* shall knowingly and willingly insert, or cause to be inserted, in such register book to
he kept in each district, any false entry of any matter or thing relating to any marriage,
er act or assist in fidsely makina, altering, or forging any such entry in such register, or
utter or publish as true, any such false, forged, altered, or counterfeit certificate or register
as aforesaid, or a copy thereof, knowing such certificate or register of marriage respec-
tively to be false, altered, forged, or counterfeited, or shall wilfully destroy, or cause or
pftKsute to be destroyed, any register book of marriages or any part of such register book,
with an iiitent to avoid any marriage, every person so offending, and being thereof lawfully
convicted, shall for such offence suffer such' fine and imprisonment as to the court shall
seem meet, provided such imprisonment be in the common gaol of the district, for a term
not lass than twelve calendar months.
y« Proivided always. That when and so soon as there shall be five parsons or ministers Ehrentuaidetermiaation
ofthechoreh of England, severally incumbent and doing duty within their respective ^re^^mi^ti^^l
parishes or places of residence, in any one district within this province, that the authority voiemiiize marriages.
nereinbefore given to the justices of the peace within such district, for the purposes afore-
said, shall cease and determine ; and to the end that it may become publicly known when
sueb a number of parsons or ministers are incumbent within any district, it shall and may
be lawful for the governor, lieutenant governor, or person administering the government
of this province, and he is hereby required to give notice thereof, by an instrument under ^^^ t
Digitized by v:jOOQIC
The Mune to be signed
8, and by
Persons counterfeiting
or procnriiu; to be conn-
teneited, the evidence
, to snf-
C. d. — ^Thirtt-o'Hird Ybar of Oboros III. — 1703«
[tooiMm Smanomy
Method offtaeertwiunK
anHi 6TeDt«
^fenahy for ■olenmizing
liiahia^ after sach
erent :
aa^the marriage to bo
ibid.
No valid objection to a
iharrij^iipe,
celebrated
or chapel.
valid objection t(
marrij^iipe, irs not beins
celebrated in a churcE
Pimnnlgatkin oC.tliit*
act.
his Iiand and seal, to the first general quarter sessions to be holden for the said district,
certifying that there are five parsons or ministers of the church of En^and, soTerally
incumbent and doing duty within their respective parishes or places of abode, in the said
district, and that therefore the provisions hereinbefore made^ authorizing' the jusdoes of
the peace to solemnize matrimony., have ceased and^ determined within the-said district ;
which said instrument shall be publicly read before the justices in quarter sossiotts assem-
bled, and kept and preserved* by the clerk of the peace, among the records of'^tm- said
district, and from and after the publication of such notice, it shall not be lawful* for- any
justice of the peace within such district, toperform the marriage ceremony ; and if any justiee
of the peace^ within the district where such notification shall have been made in manner
aforesaid, shall after the publication thereof knowingly and wilfully pretend to perform
the marriage ceremony between any persons under and by virtue of this act, or under
qny pretence whatever, he shall for every such ofience forfeit and pay the sum of twenty
pounds, one moiety thereof to his Majesty, his heirs and successors, for the public uses of
the province, and the support of the government thereof, and the other moiety to any
Eerson who shall sue for the same by action of debt, plaint, bill, or information, in any of
is Majesty's courts of record within this province, and such pretended marriage so per-
formed, shall be null and void to all intents and purposes whatever.
VI. And be it further enacted by the authority aforesaid, That it shall be no valid
objection to the legality of any marriage heretofore solemnized by any parson or minister,
either by license, or s^ter duo publication of' banns, or hereafter to be solemnized in
fnanner aforesaid, or by any justice of the peace, duly authorized' under the provisions of
this act, that the same was not solemnized in a church or chapel duly consecrated, nor
shall any such marriage, on account thereof, be held or taken to be illegal.
VII. And be it further enacted by the authority aforesaid, That this act shal} be publicly
read in the several districts of this province, at the opening of the general quarter sessions
of the peace for each district, that shall be holden next after the passing thereof, and once
in every year for two years following at the quarter sessions to be holden in the months
of January,. [See 38th Geo. Ill, c 4.]
Preaml^.
Time aod place of hold'
Ing the ^quarter sessions
in the Eastefo district,
[a] Cornwall. (See
aiSthGeo. III,c4,t4.)
In the Midland district.
i6] Fourth Taesdaj in
anuarr and April.
(See aSth Geo. Ill,
c 4, and 4lst Geo. Ill,
c6.)
In the Home district.
[el (See 41st G^eo.IlI,
i6,saJ) '
In the Western dtttnet
Special sessions at
Michilimackinac.
(See 47th Geo. IIL
ell; 65Ui,e 9 &1S;
0eawcl,a4;66th«4:2.)
Chapter VI.
An act to fix the times and places of holding the courts of general quarter sessions of the*
peace, toithin the several districts of this province,
[FtoedJiay9,179B.}
Wh£R£as it is necessary to fix the times and places for holding the courts of general
quarter sessions of the peace within the several districts in this province ; be it enacted
by the King's most excellent Majesty, by and with the advice and consent of the legisla-
tive council and assembly of the province of Upper Canada, constituted and assembled by
viHue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act' for making more effectual provision for the government
of the province of Quebec, in North America, and to make further prevision for the
government of the said province,' " and by the authority of t)ie same, That froin and after
the passing of this act, the several courts of eeneral^ sessions of the peace, within this
povince respectively, shall commence and be holden. at the times and places hereinafter
mentioned, yearly and in every year, that is to say : That the courts of general quarter
sessions of the peace for the Eastern distoiot of this province shall commence and be
holden in New Johnstown [a] on the second. Tuesday m the month of October, and on
the second Tuesday in the month qf April; aqd in the town of Cornwall on the second
Tuesday in the month of January, andoYi tlie second Tuesday in the month of July*
II. And be it enacted. That the courts of general quarter sessions of the peace for the
Midland district of this province shall commence and be holden in Adolphustown, on
the second Tuesday in the month of July, and on the second [b] Tuesday in the month
of January ; and in Kingston on the second [h] Tuesday in the month of April, and on
the second Tuesday in the month of October. m.
III. And be it enacted. That the courts of general quarter sessions of the peace for the
Home district of this in-ovince shall commence and be holden in the town of Newark
on the second Tuesday in the month of July, on the second Tuesday in the month of
October, on the second Tuesday in the month of January, and on the second Tuesday in
the month of April, [c]
^' I [Repealed by 36th Geo. Ill, c 4, s 1,]
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Fhii» PABUAiiBirr.]
C. l.—Tmwn^mMD Ymam or Qvnmm IIL— 1793.
41
Chapter VII.
An act to prevent the Juriher itUroduction of slaves^ and to limit the term of contracts
for servitude within this province.
[Pa8MMlJidy9,1798.]
Wrssbas it is unjust that a peojrie who enjoy freedom by law should encourage the
introduetion of slaves, and whereas it is highly expedient to abolish slavery in this pro*
yince, so far as the same may gradually be done without violating private property ; be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council md assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of bis Majesty's reign, entitled, ^ An act for making more effectual provision for the
Svemment of the province of Quebec, in North America, and to make further provision
r the government of the said province,' " and by the authority of the same. That from
and after the passing of this act, so much of a certain act of the parliament of Great Britain,
passed: in the thiltii^ year of his pre<ient Majesty, entitled, ^^ An act for encouraging new
setters in his Majesty's colonies and plantations in America," as may enable thegovemcM*
or lieutenant governor of this province, heretofore parcel of his Majesty's province of
Quebec^ to grant a license for importing into the same any negro or negroes, shall be, and
the same is hereby repealed ; and that from and after the passing of thid act, it shall not
be lawful for the governor, lieutenant governor, or person administering the government
of this province, to grant a license, for the importation of any negro or other person to
be subjected to the condition of a slave, or to a bounden involuntary service for life,
into any part of this province ; nor shall any negro, or other person who shall come or
be brought into this province after the passing of this act, be subject to the condition of
a slave, or to such service as aforesaid, within this province, nor shall any voluntary
contract of service or indentures that may be entered into by any parties within this
province, after the passing of this act, be binding on them or either of them for a longer
time than a term of nine yeatrs, from the day of the date of such contract.
IL Provided always. That nothing herein contained shall extend, or be construed to
extend, to liberate any negro, or other person subjected to such service as aforesaid, or
to discharge them or any of them from the possession of the owner thereof, his or her
eneeutors, administrators, or assigns, who shall have come or been brought into this
province, in conformity to the conditions prescribed by any authority for that purpose
exercised, or by any ordinance or law of the province of Quebec, or by proclamation of
any of his Majesty's governors of the said province for the time being, or of any act of
the parliaments of Great Britain, or shall have otherwise come into the possession of any
per8on,.by. gift, bequest, or bona fide purchase before the passing of this act, whose pro-
Crty therein is hereby confirmed, or to vacate or annul any contract for service that may
r^ofore have been lawfully made and entered into, or to prevent parents or guardians
from binding oul^ children until they shall have obtained the age of twenty-one years.
UL And in order to prevent the continuation of slavery within this province, be it
enacted by the authority aforesaid. That immediately from and after the passing of this
act, every child that shall be bom of a negro mother, or other woman subjected to such
service as aforesaid, shall abide and remain with the master or mistress in whose service
the mother shall be living at the time of such child's birth, (unless such mother aiMi child
shall leave such service, by and with the consent of such master or mistress,) and such
master or mistress shall, and is hereby required to give proper nourishment and clothing
to such child or children, and shall and may put such child or children to work, when he,
she, or they shall be able so to do, and shall and may retain him or her in their service
unto every such child shall have attained the age of twenty-five years, at which time they
and each of them shall be entitled to demand his or her discharge from, and shall be
dischai^d by such master or mistress, from any further service. And to the end that the
age of such child or children may be more easily ascertained, the master or mistress
of the mother thereof, shall, and is hereby requued, to cause the day of the birth of
every such child as shall he bom of a negro or^ other mother, subjected to the condition
Q^a^alave, in their service as aforesaid, to be registered within three months after its
bilib^by the clerk of the parish, to^^ship^ or place, wherein such master or mistreas
re^e> which clerk shall be authorized to demand and receive the sum of one shilling,
for registering the same. And in case any master or mistress shall refuse or neglect to
eause such register to be made, within the time aforesaid, and shall be convicted thereof,
either on his or her confession, or by the oath of one or more credible witness or witnesses,
befora any justice of the peace,.he or she shall for every such offence forfeit and pay the
sum of five pounds to the public stock of the district.
Reeital of aet Sthh,
Geo. III.
The vame in part re-
pealed.
Proriaiotta waiBft the
further introaaetion of
alarei.
Term of ■erntnde hgfw
eontraet limited.
The ownera of iHarta
at pretest within the
prorince, coafiimed in
their property therein^.
Nothing henin to ex^
tend to contracta for
aenrice already made,
nortoparenta orgnaiw
The children that ahall'
be bora of female
■lavet, to remain in
the senriee of the own-
er of their mother until
the age of 26 yean,
when they ihall oe die-
chaiged.
Birth of the children of
■laves to be recorded.^
PenaltT for neg^ectinc
or refuting to recoii
the aame.
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48
C. S.--THUTT^rHimi> Ysar of Osommb IIL— 1793.
RemedT agadnft the
undue aetention of tnch
children.
Provision for the issue
of children of slaves.
Security to be gxren
on liberating a slave.
IV. And be it further enacted by the authority aforesaid, That in eaae any master or
mistress shall detain any such child bom in their service as aforesaid, after the pasnng of
this act, under any pretence whatever, after such servant diall have attained the age of
twenty-five years, except by virtue of a contract of service or indentures, duly and vo»
luntanly executed, after such discharge as aforesaid, it shall and may be lawfid for such
servant to apply for a discharge to any of his Majesty's justices of the peaoe, who shall
and is hereby required thereupon to issue a summons to such master or mistress, to appear
before him to shew cause why sudi servant diould not be discharged, and the proof tiuut
such servant is under the age of twenty^'five years shall rest upon and be adduoed by the
master or mistress of such servant ; (Vtherwise it shall and may be lawful for the said
justice to discharge such servant from such service as aforesaid, provided alwi^s. That in
case any issue shall be bom of such children during their in&nt servitude or after, 8«di
issue shall be entitled to all the x^ts and privfleges oif free bom subjects.
v. And be it further enacted. That whenever aiqr mast^ or mistress shall liberate or
release any person subject to the condittoa.of .a slave from their service, they shall at the
same time give good and sufficient securityHo the church or town wardens of the pariah
or township where they live, that the person so released by them shall not become
chargeable to the same, or any other parish or township.
Preamble.
Constitution and juris-
diction of the court of
P|obate.
Institution of a surro*
gate court in each dis-
trict.
Chapter VIII.
Ah ad to establish a court of probate in this province^ and also a surrogate vowrt in
every district thereof,
[Passed Juty 9, 1798.]
Whereas it is expedient to establish a court for the purpose of granting probate of
wills and committing letters of administration of the goods of persons dying intestate,
having personal estate within this province ; be it enacted by the King^s most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
act for making more enectual provision for the government of the province of Quebec, in
North America, and to make Airther provision for the government of the said province,' "
and by the authority of the same, That there be constituted and established, and tiiere 19
hereby constituted and established a court, with full power and authority to issue process
and hold cognizance of all matters relative to the eranting of probates, and committing
letters of administration, and to grant probates of'Vills, and commit letters of administra-
tion of the goods of persons dying intestate, having personal estate, rights, and credits,
within this province, to be called and known by the name of the court of probate <^ the
province of Upper Canada, and that the governor, lieutenant governor, or person adminis-
tering the government thereof, shall preside in the said court, to hiear, give, order, or
decree, or pronounce judgment in all questions, causes, or suits, that may be brought
before him, relative to the matters aforesaid, and that for such purpose he may from time
to time, when he shall be so disposed, call such person or persons as he shall think }M-oper,
to be assessor or assessors with him, and that it shall and may be lawful for the governor,
lieutenant governor, or person administering the government in this province, to nominate
and appoint from time to time an official principal of the said court, together with a register
and such officers as may be necessary for the exercise of the jurisdiction to the said. court i
belonging.
IL And whereas it will be convenient for the inhabitants of this province to be enabled
to obtain probate of wills and letters of administration within their several districts ; be it
enacted by the authority aforesaid, That it shall and may be lawful for the governor,-
lieutenant governor, or person administering the government in this province, to institute,
and he is hereby authorized to institute by commission, under the great seal of this pro-
vince, in each and every district thereof, a court for the purpose of granting probate of
wills, and letters of administration of the goods of persons dying intestate, having personal
estate within the limits of each district respectively, which courts shall be severally called
and known by the names of the surrogate court of the Eastern district, the surrogate court
of the Midland district, the surrogate court of the Home district, and the surrogate court
of the Western district, and also to appoint from time to time a surrogate, to preside as
judge in each of the said courts, to hear, give, order, or decree, or pronounce judgment in
all questions, causes, or suits, that may be brought before him relative to the said matters,
and also from time to time to nominate and aj^int a fit and proper person to be register,
and also such officers as may be necessary for the exercise of the jurisdiction to the said
Digitized by VniJOVJ IC
Fkaw PAmuAMaarr.]
a a— Tsonnr-TBIBD Yjbab of Oboms 111.-1793.
eourta beloppngy and that eadi and every of the said courts shall have full power and
authority to issue process and hold coguzanee of all matters relative to the granting of the
C^ob^te of wiUs and letters of administration, and to grant probate of wills, and commit
tiers of administration of all and singular Uie goods and efieets, rights, and credits, of
p^rsoBS dying inlestate, within the limits of their respective districts, except in the cases
hereiBBfiker mentioned.
IIL Provided always. That in all cases where a testator or intestate shall die possessed
of goods, chattels,.or credits, to the amount xxf five pounds in any district, other than that
in which he usually resided at the time of his decease, or when any testator or intestate
shall die possessed of goods to the value of five pounds, in two or more several districts
within tiUs province, the probate of such will and letters of administration of the goods
and effects of such person shall be granted by the court of probate only, and not by any
surrogate court.
IV. And in order to give due authenticity to the acts and {xx>ceeding8 of the said several
courts, be it enacted by the authority aforesaid. That each of the said courts be provided
with a suitable seal ; that on the seal of the court of probate be inscribed the name of the
province ; and ^^ the several seals of the surrogate courts the name of the district over
which its jurisdiction extends ; and that a particular description of such seals be respec-
tively sent to the office of the secretary of the province, to be kept among the records of
the^ province.
V. Provided always, That no person shall be entitled or qualified to enter upon or
execute the office of surrogate in any of the courts so to be established, until after he shall
have taken the following oath ;
" J, A. B., do [Solemnly promise and swear, that I will honestly and impartially execute
the office of according to the best of my knowledge and ability. So help me God."
And that no person shall be entitled or qualified to act as a register in any of the said
courts until after be shall have taken the fcdlowing oath :
" I, A. B., do promise and swear, that I will diligently and faithfully execute the office
of and that I wjl not knowingly permit or suffer any alteration, obliteration, or
destruction, to be made or done by myself or others^ on any wills or testamentary papers
committed to my charge. So help me God."
VI. And be it enacted by the authority aforesaid. That every will or testamentary
paper, which shall be duly proved, approved, and insinuated in the court of probate, or in
any surrogate court within this province, shall be kept and preserved among the records
of the said court, and that a transcript thereof, duly authenticated under the seal of the
said court, shall be taken and received as the reguUu* probate of such will or testamentary
paper, so far as the same may regard the disposal of any personal estate or effects, in all
and every of his Majesty's courts within this province, or wherever it may be necessaij
to produce the same.
yiL And be it enacted by the authority aforesaid. That from and after the passing of
this act, no nuncupative will shall be good, where the estate thereby bequeathed shall
exceed the value of thirty pounds, that is not proved by the oaths of three witnesses, at
the least, that were present at the making thereof, nor unless it be proved that the testator
at the time of pronouncing the same did bid the persons present, or some of them, bear
witness that such was his will, or to that effect, nor unless such nuncupative will were
made at the time of the last sickness of the deceased, and in the house of his or her habi-
tation or dwelling, or where he or she hath been resident for the space of ten days or more
next before the making of such will, except when such person was surprised or taken sick
being from his or her own home, and died before he or she returned to the place of his or
her dwelling.
VIII. And be it further enacted by the authority aforesaid, That after six months passed
after the speaking of the pretended testamentary words, no testimony shall be received to
prove any will nuncupative, except the said testimony or the substance thereof were com-
mitted to writing within six days after making the said will.
IX. Aiid be it further enacted by the authority aforesaid. That no letters testamentary
cr probate of any nuncupative will shall pass the seal of any court till fourteen days at the
least^after the decease of the testator be fully expired, nor shall any nuncupative will be
at any time received to be proved, unless process have first issued to call in the widow or
next of kindred of the deceased, to the end that they may contest the same, if they shall
be soadvised.
'X. And be it enacted by the authority aforesaid. That no letters of administration shall
be granted by the court' of probate, or by any surrogate court, of the goods, chattels, or
credits, of any person represented as having died intestate, until due proof be made before
the said judge or surrogate, to his satisfaction, that such person is dead and died intestate.
Digitized by
When testator or intes-
tate dies potaetted of
chattels or credits in
different districts, uro-
bate of the wiU and let-
ters of administration
shall be granted by the
court of probate onl j.
Seal of each of the said
coorts.
A description whereof
to be sent to the secre-
tary's office.
Oath of tiie rairogitc.
Oalhof the registar.
Erery will or testameft^
tary paper to be kept as
recorded in court, and
the transcript thereof
duly sealed to be held
a sufficient probate.
Circumstances require
ed to render nuucnpar
tive wills good.
Period of time within
which proof of nuncu-
pative wills is admissi-
ble.
^Preliminary measures
to be taken prerions to
granting prooate of nun-
cupative wills.
Proof to be adduced of
the demise of an intes-
tate.
Google
44
C. 8.— -Thibtt-ctlibd Ymab, w Obosob III.— ITdS.
Steps to be taken in
cnnting ndministntion
to penona not
kinl
; nest of
Temponiy ndministm-
I to be taken of
the penonf to whom
^4ulminiftnitMni ahall be
.|;nnted.
Form and eondltioo of
■nch bond*.
Sneli bonds pleadable.
Metbod of making dis-
tribution of the pro-
ceeds of an intestate's
XI. And be it fiirther enacted by the autherity aforamd, That iHien appKeation is
made for letters of administration of the goods, chattels, and ciedits, of any* person dying
intestate, by any person or persons not entitled to the same as next of kin to the intestate^
the judge of the court of probate, or surrogate to whom such, apjdication shall be made,
shall, before the granting of the administration, issue a citation tp the next of kin to the
intestate, summoning him or her to appear, and shew cause, if any they have, why the
administration should not be granted to the person or persons so allying, which citation
shall be served upon the next of kin to the intestate residing within this province, and if
the next of kin, nor any person of the kindred of the intestate shall happen to reside ia
this province, then a copy of such citation shall be affixed up in some public place in the
town where the intestate did reside al the time of his or her death, at least ten weeks
before the return thereof, and in case such intestate did not reside within this province at
the time of his or her death, then a copy of the citation shall be published in the -Uj^r
Canada Gazette, once in every month during the space of eight uKHiths before the return
thereof: Provided always. That in case the person next of kin usually residine within
this province, and regulatrly entitled to administer, should happen to be absent from the
province, it shall and may hS lawful for the judge of probate or surrogate, within the limits
of his district, to grant a temporary administration to the next of kin who shall be in the
province of the intestate, during a limited time, or to be revoked upon the return and
application of such nearest of kin as aforesaid, and for that purpose to tsJce sufficient bonds
from the party to whom such temporary administration shall have been granted, for the
surrender of such letters of administration, and to account for the same in manner herein-
after to be mentioned.
XII. And be it further enacted by the authority aforesaid, That the judge of probale
and every surrogate in his several district shall and may upon their respective granting
and committing letters of administration of the goods of persons dying intestate, take suf-
ficient bonds of the respective person or persons to whom any administration is to be com*
mitted, with two or more able sureties, respect being had to the value x>f the estate, in the
name of the govqrnor, lieutenant governor, or person administering the government of the
said province, or with the condition in form and manner following, muUUia rmUahdia :
" The condition of this obligation is such, that if the within bounden A. B., administrator
of all and singular the goods, chattels, and credits, of C. D. deceased, do make, or causa
to be made, a true and perfect inventory of all and singular the goods, chattels, and credits,
of the said deceased, which have or shall come into the hands^ possession, or knowledge,
of him, the said A. B., or into the hands and possession of any other persdn of j^rsons
for him, and the same so made, do exhibit or cause to be exhibited into the registry of
court, on or before the day of next ensuing, and the same goods,
chattels, and credits, and all other the goods, chattels, and credits, of the said deceased,
at the time of h^s or her death, which at any time after shall come into the hands or pos-
session of the said A. B., or into the hands and possession of any other person or persons
ibr him, do well and truly administer according to law, and further do make or cause to be
made, a true and just account of his said administration, at or before the day of
and all the rest and residue of the said goods, chattels, and credits, which shall be found
remaining upon the said administrator's account, the same being first examined and sdlowed
by the judge of the court for the time being, shall deliver and pay unto such person or
persons respectively, as the said judge by his decree or sentence, conformably to the
provisions in a certain act of parliament, entitled, '^ An act for the better settling intestate
estates," and passed in the twenty-second and twenty-third year of the reign of Charles
II, and ako in a certain act passed in the first year of king James II, contained, shall limit
and appoint ; and if it shall hereafter appear that any last will or testament was made by
the deceased, and the executor or executors therein named do exhibit the same unto the
said court, making request to have it allowed and approved accordingly, if the said A. B.
within bounden, being thereunto required, do render and deliver the said letters of admi-
nistration (approbation of such testament being first had and made) in the said court, then
this obligation to be void and of none efi*ect, or else to remain in full force and virtue.^^
\Vhich bonds are hereby declared and enacted to be good and binding to all intentd and
purposes, and pleadable in any courts of justice.
XIII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the said judge of probate and surrogate respectively, and they are hereby entUed
to call, by citation under the seal of their several courts, such administrators to accdunt^
for and touching the goods of any person dying intestate within their several jurisdictions,
and upon hearing, and due consideration thereof, to order and make just and equal distri-
bution of what remaineth clear, after all debts, fimeral and just expenses of every sort,
-first allowed and deducted, according to the provisions in the said statutes hereinbef(»t)
mentioned, contained : Pi*ovided always, to the end that a due regard be had to creditors.
Digitized by VrjiJOV LC
PAHttimirr.]
0. &— TRnMnr-amaD Ysioft or Obowis III.— I7d3.
&ftl BO tMKk distrfimtion of the goods of any pers<m dying intestate be made, until
after one year be AiUy expnred after the intestate's death ; a^ that such and every one,
lo whom any distribution and triiare shall be allotted, shall give bonds, with sufficient
sureties, in the said courts, that if any debtor debts truly owing by the intestate, shall be
afterwards sued for and recovered, or otherwise made to appear, that then and in every
s«ch ease he or she shall respectively refund and pay back to th^ administrator, his or her
mteable part of such debt or debts, and of the «osts of suit, and charges of the administra-
tor by reason of such debt, out of the part and share so as aforesaid allotted to him or her,
lliereby to enaUe the said administrator to pay and satisfy the said debt or debts, so dis-
covered after the distribution made as aforesaid.
XIV. And in order to enforce, when it shall be necessary, due respect and obedience
to the process, orders, sentence, or decree, of the said courts, in all matters AVithin their
cognizance, be it enacted by the authority aforesaid, That it shall and may be lawful for
Ae said judge of th^ court of probate, and his surrogates within their respective districts,
and they are hereby authorized upon application made and supported by certificate from
the register or proper officer, of any neglect of or disobedience to the" regular process,
order^ or sentence of the court, or upon any complaint to be verified upon oath, by any
apparitor, officer, or other person, of any wilful contempt or resistance to the regular pro-
cess or sentence of the said courts, or any of them, or to the service thereof, to proceed,
against the parties so withstanding, disobeying, or ofiending, by attachment to be directed
to the sheriff of the district, who is hereby authorized and required to execute the same ;
and in case the sheriff return that the party is not found in his district, that the said courts
and each of them may issue a proclamation directed to the sheriff of the district, which he
18 hereby authorized and required to make, that the said party do on his allegiance per-
sonally appear in the said court, <hi a day in the said proclamation to be named ; and in
case the sheriff return that the party is not found, and he do not appear at the time and
place as commanded, that the said courts and each of tl\em may proceed to a sequestration
of the personal effects, goods, and chattels, of the said party in contempt, to be directed to
certain persons to detain and keep the same, until the said contempt be cleared, or the
court make order to the contrary.
XV. And be it further enacted by the authority aforesaid. That in all cases where any
administration shall be granted with a will annexed, either by the judge of the court of
probate in this province, or by any surrogate of any district of this province, such letters
shall contain an express provision or condition that the will of the deceased, in such
testament expressed, shall be observed and performed, and for such purpose that bonds,
with two or more able and sufficient sureties, shall be taken of the respective person or
persons to whom such administration shall be committed, in such penalties as to the judge
or surrogate shall appear reasonable, respect being had to the value of the estate of the
said testator, which condition may be as follows :
^' The condition of this obligation is such, that if the above bounden , administrator
[or administratrix, as the case may be,] of all and singular the goods, chattels, and credits,
of the said , deceased, with the will of the said , annexed, and not adminis-
tered by [as the case may be] do make, or cause to be made, a true and perfect inventory
of all and singuhu* the goods, chattels, and credits, of the said , deceased, which
shall have come to the hands, possession, or knowledge, of the said , or into the
hands and possession of any other person for the said , and the same so made do
exhibit or cause to be exhibited [where such bond shall be taken by the judge of the
court of probate] into the registry of the court of probate of this province, or into the office
of the surrogate of the district of , at or before the expiration of six calendar months
from the date of the above written obligation, and the same goods, chattels, and credits,
and all other goods, chattels, and credits, of the said deceased, at the time of his or her
death, which at any time after shall come into the hands and possession of the said ,
or into the hands and possession of any other person or persons for the said , do
well and truly administer, according to the directions and true intentions of the testator or
testatrix, [as the case may be,] expressed in the will to the letters of administration granted
to the said , annexed, as the law directs, and further, when thereunto lawfully
required, do make or cause to be made a true and just account of administration, then this
obligation to be void and of none effect, or else to remain in full force and virtue."
Wliieh bonds shall be of the same force and effect, and may be prosecuted upon the like
oeeasions, and for the purposes and in the same manner as the bonds taken upon the
granting of administrations of persons dying intestate, hereinbefore set forth.
XVI. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for all persons who may be a^rieved by any order, sentence, judgment, or decree
of any surrogate court within this province, to appeal from the same, or any part thereof,
to the judge of the court of probate, who shall have full power and authority, and hereby
^ Digitized by
AiUr the term of ono
year.
Sccnritv to be givea
the aufminiiitrator »-
gainst demands which
may arise after distri-
batioo*
Process of the said
courts respectively, in
cases of disobedience
or contempt.
Attachment.
Sequestration of the
personal estate.
In administration grant-
ed with a will annexed,
it shall be expressly
conditioned, that socli
will shall be performed.
Form and condition of
bond to be entered into
in such case.
Force and effect of such
bond.
An appeal to lie from
the surrogate courts to
the court of probate.
Google
C. 9, 10, 11.— ^[^iirrT-'nnBD Yjiar of fihrnm^ HI.— 179S. [WaumiB
'#
Is authorized and required to examine, hear, md finally determnfie, all auoh appeali, anfl
aH matters concerning llie same, and to reverse, affirm, or dter, snoh order, sentence,
judgment, or decree, and to make such other order or decree therein, as justice and equity
shall require, and thereupon to remit the same, with his order, judgment, or decree in the
premises, and all things concerning the same, into the court so appealed from : Provided
if made witKin SAatii siways, That idl such appeals from the said surrogate court shall be made witfiin fifteen
mSnt blSw*^*** ^^ ^*y® ^®** *^®^ making or giving the order,- sentence, judgment, or decree, so ajqiealed
from, and upon security being givcai to the satisfaction of the said surrogate, for prosecutine
such appeal, such order, sentence, judgment, or decree, shall be suspended : Provided
■Bd Uiai tilt valve of always, That no appeal shall be had or lie from any sudi order, judgment, sentence, or
eMda^poo^ ^' decree, of any surrogate court, unless the value of the goods, chattels, rights, or credits,
to be afifected by such order, judgment, sentence, or decree, shall be more than fi^
pounds.
XVIL And in order that certain stated times be fixed for the hearing and detemiiniR{t
all motions, petitions, pleadings, suits, andeauses, respecting the matters aforesaid, that
may be brought before the said court of probate, or the said surrogate courts ; be it enacted
Terms of aittiBf ofthe by the authority aforesaid. That four terms or times of session be appointed in each an8
•aidooofts. every year for the purposes aforesaid ; the first term to be holden from the first Monday
in January to the Saturday of the same week inclusive ; the second to be holden from the
last Monday in March to the Saturday of the same week inclusive ; the third to be h<dden
from the first Monday in June to the Saturday of the same week inclusive ; and the fourth
term to be holden from the last Monday in September to the Saturday of the same
week.
XVIII. And he it further enacted by the authority aforesaid. That it shall and may be
lawful for the members and officers of the said courts to demand and take the following
fees :
OFFICIAI. PRINCIPAL AND SURROOATE. RXOISTKR.
For seal to the probate of a will, to letters of administration
offidaTprineip^nm^ withthc wiU annexed, and to letters of administration where £ s. d. £ b. JL
Kate and register. -~ the property devolving is under £300, 0 16 0 0 6 8
From £300 to £1000, 10 0 0 6 8
When above £2000, , 2 0 0 0 6 8
For seal of the court to any writing or instrument, 0 13 4 0 3 4
For receiving caveat, 0 6 8 0 0 0
For filing the same, 0 0 0 0 3 4
For receiving inventory, 0 6 6 0 0 0
For filing the same, 0 0 0 0 3 4
For citation, 0 3 4 0 1 D
For collating will, 0 0 0 0 6 8
For drawing bond and attesting execution, • . . . • 0 0^ 0 0 6 8
For searching register, each year, '• 0 0 0 0 1 0
For office copy, each page eighteen lines, six words in each, 0 0 0 0 10
APPARITOR OR MESSSNOER.
by die jnMtitar or For service of citation, , • 0 2 0
For travelling, each mile, 0 0 4
Chapter IX.
An act to authorize the lieulenarU gwemor to nominate and appoint certain -commisMonerM
for the pwrposes herein tnentumed.
[BXFIBBP.]
Chapter X.
An act to establish a fund/or paying the salaries of the officers of the legislative council
and assembly, and for defraying the contingent expenses thereqf.
[EXFIHCD.]
Chapter XI.
An a^ to encourage the destroying of wolves and bears in differ erd parts of this province.
[Repbaled by 47th Geo. Ill, Ch. 2.] ^^ T
Digitized by VrjOOQlC
C. la, X3.-*«Ta«nr«raHU) Yjbab or GaaacHB IXL**-n93.
Chapter XII.
4»octiQ prwidejar the appointment o/retum^g qfficers qfthe several counties lot/iin
tHa province.
[Fassed July 9tb, 1798.]
Whsbeab tlie powers at present subsisting for the appointment of persons to execute
tfce office, of returning officer in each of the districts, counties, or circles, and towns or
townships in this province, are limited to a certain period, which will soon expire,.ai^
wiiereas it is necessary to make further provision for the appointment of such officers ;. be
it tberelbfia enacted by the King's most excellent Majesty, by and with the advice andi
consent of the legislative council and assembly of the province of Upper Canada, constituted
md assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
aovemment oi the province of Quebec, in North America, and to make further jurovision
S>r the government of the said province,' " and by the authority of the same, That it shall
•nd xv^ he lawful for the governor, lieutenant governor, or person administering the
gpvernment for the time being, from time to time to nominate and appoint by an instru*
ment under his hand and seal at arms, a proper person to execute the office of returning
officer, for every county or riding, diviMon or town, within the province.
U... Provided always, and it is- hereby enacted. That no person.shall be obliged to execute
tjie office of returning officer for any longer time than one year, unless he sbalLbe disposed
to continue to execute the same, by and with the consent and approbation of the said
gpvemor, lieutenant governor^ or person administering the government for the time being*
III. Provided also, and be it hereby enacted by the authority aforesaid, That this act
shall continue in force for and during .the space of seven years, and' no longer.
pieviv^d and continued by 40th Geo. Ill, c 5; 48th, c 5; d2d, ell, 1st sess. ; 66tb,
a ^ 59th Geo. lU, c 23, and for 8 years by 4th Geo. IV, c 3.]
Prawnble.
In whst manner retnn-
ing officer! shell be in
future appointed.
Shall not be comnelled
to eervtti. for any longer
term than one year.
DeterminatMB of thie
(See 48th Geo. UI,
ell,tS.)
Chapter XIII.
Anact to eebMish a further fund for the pajpnent of the salaries ofthe^officers of the legis*
IMkievSomcikand house of assembly j and for dqfiraying the canting^ expenses thereof.
[Fasted Jttty9» 1793.]
WBMmmKBhf a certain act of the parliament of Great Britain, passed, in the fourteenth
re«r of hit Majsaty's reign, entitled, ^^An act for establishing a fund towards further
«sfrajng the dhargrft of tbe administration of justice and support of the civil government
withm the province of Quebec, in North .America," it was therein, aniongst other things,
ffl*?f**^j ^^That from and after the fifth daj of April, one thousand seven hundred and
aevent^-fire^tliece aho«ld be raised, collected, and paid into his Majesty's receiver general
of the giDraice, lor. the use of his Majesty, his heirs and successors, a duty of one pound
OTteen'shiHiny, sterling money of Greet Britain, for every license that should be granted
by the governor, lieutenant governor, or commander in chief of the said province, to any
pecBon or persons, for keeping a house or other place of public entertainment, or for.
i)^tailing wine, brandy, rum, or/ other spiritoous liquors, within the said province;'* and.
mbereas it is neeesawy that the said rerenue should be increased for the purpose of paving
the salaiJea of the officers of the legislative council and house of assembly, and for'defray^
ing the canHngpait eiqpenses thereof:
We, your Majesty's moat dutiful and loyal subjects, the representatives of the people
of the province of ifpper Canada, in assembly met, do most humbly beseech your Majesty,
Ibatift may be enacted, and be it enacted by the King's most excellent Miyesty, by and
with the advice and consent of the legidatiTe council and assembly of the province of
Bkore efieetual provision for the government of the province of Quebec, in North America,
aodt toumake further provision for the government of the said province,' " That in addititm
to tbe-.aaid.smn of one pound sixteen shiUings sterling as sibresaid, which shall still be
and continiAe to.be levied, collected, and paid as it hitherto has been levied, collected, and
paid, by virtue of the act aforesaul, there shall be. raised and levied, collected and paid,
under* tbe same restrictions and praalties, in the. said, act contained, unto his Maj^ty's
lecmrar general, to and for the use of his Majesty, his heirs and successors, and to and
for the use of this province^ and towards the support of the civil government thereof, the
fiicdier sum of twenty shiUings currency, upon every license that shall be granted by
virtue of this act, in manner fdlowing ; that is to say, that from and after the SUi day of
PreamUe.
(See 14di Geo. Ill, e)
Ab addhioaal dnty oT
twentf ■hiniBga to be
leTied on all Iccoaea
Digitized by VnOOQlC
»
C. 13.— TmarrV'VBmD Ybar or Qmatmt III 1798.
(«
f(ir the retail of wines
or spirituous liquors,
•rter tlie fifth day of
April. 1794.
[al See 46th Geo. Ill,
Tilne and manner of
HrJTing pubUe notice aa-
Boally to the persons,
liable to the provisions
of this act, to comply
therewith.
m See 42ith Geo. Ill,
cl,sl&3.
Words to be written,
painted, or printed over
the doorofe%'cry house
of public cntcrfajjiment
Penalty for neglecting.
Persons licensed shall
enter into bonds to
keep a decent and or-
derly bonsG.
Fees of the secretary
or his agents, on licen*
[eVsee 434 Geo. Ill,
Fe» for drawing bond.
Retailers not keeping a
house of entertainment,
exempted from the ad-
ditional duty after the
expiration of two years.
(See 87th Geo. Ill,
ell.)
Application of the mo-
nies ariaing by this act.
(6ee88dGeo.lU,clO.)
(See 41st Geo. Ill,
c 12, s 8.)
Pooadage of the reeei*
ver general.
(See 41st Geo. Ill,
c 12 ; 43d, c 9 ; 45th,
e 1 ; 46th, c 6 ; 48tb,
e 6 ; 5Si\h c 22.
TdJ Rcpe^ilf^ by let
\m. ir -
iy,c
f^ by
15, si.
April, [a] Avhich will be in the year of our Lord one thousand seven hundred and ninetj-
four, it shall and may be lawful for the governor, lieutenant governor, or person adminis-
tering the government, by or through the secretary of the province, or odier person
empowered to issue licenses for the vending of wines, brandy, rum, or other, spirituous
liquors, to ask for, demand, and receive, over and above the sum of one pound sixteen
shillings steiling as aforesaid, the further sum of twenty shilUngs currency, for every
license that shall or may be granted to any person for keeping a house or any other place
of public entertainment, or for the retailing of wine, brandy, rum, or other sjMrituous
liquors, within this province.
11. And be it further enacted by the authority aforesaid, That in every district through-
out the said province, one month at least before the fifth day of April, in every year,
being the day whereon the said sums of one pound sixteen shilUngs steriing and twenty
shillings currency, shall be due and payable as aforesaid, the secretary of the province, [b]
or other person empowered to issue the said license, shall and he is hereby inquired
to give public notice in the Upper Canada Gazette, or otherwise, to every person selling
wine, brandy, rum, or other spirituous liquors, as aforesaid, to pay the said sum of one
pound sixteen shillings sterling, and twenty shillings currency, and to receive or take out
a license for the same, and by such public notice to warn every person who shall neglect,
omit, or refuse to take out a license, and still continue to retail any wine, brandy, rum, or
other spirituous liquors, in less quantities at any one time than three gallons, of the pains
and penalties that they are thereby likely to incur, and hereafter to be inflicted by this act.
III.' And be it further enacted by the authority aforesaid, That every person who shall
keep a house or other place of public entertainment, for retailing wine, brandy, rum, or
other spirituous liquors, shall cause to be written, painted, or printed over the door 6[
such house of entertainment, in legible characters, the following words ; ^^ Licensed to
sell wine and other spirituous liquors,'^ and every person neglecting to have the aforesaid
words, written, painted, or printed as aforesaid, and continuing to keep such a house of
entertainment, shall for every such ofience forfeit and pay the sum of five shillings cur-
rency, to be recovered before any one of his Majesty's justices of the peaee, upon the
oath of one credible witness ; one half of which said sum shall be given to the person
informing, and the other half paid into his Majesty^s receiver genend, to and for the use
of his Majesty, his heirs and successors, and to and for the use ot this province, and
towards the support of the civil government thereof.
IV. And whereas by a certain ordinance passed in the twenty-eighth year of hk piBsent
Majesty's reign, it was declared and enacted, that every person taking out a lic^auie (ar
tfae'purpose of retailing wine, brandy, rum, or other spirituous liquors, should be oUiged
to enter into a bond with sufficient sureties, to keep an orderly and decent house; be H
therefore enacted by the authority aforesaid. That every person taking out a license by
virtue of this act, shall upon receiving such license from the secretary of the province,' or
his agent, or other person for that purpose appointed, enter into a bond in the penal sum
of ten pounds to his Majesty, his heirs and successors, well and ^ruly to keep a decent
and orderly house during the continuance of the said license to him granted as aforesaid.
v. And be it further enacted by the authority aforesaid, That me seo-etary of the
province, or his agent, [c] or other person appointed to grant such license, shall receive
from each person to whom a license may be granted, over and above the duty hereinbefore
specified, the further sum of two shillings and sixpence, for his trouble in making out and
issuing the same, and no more ; and the clerk of the peace, or other person who shall
draw out such bond as aforesaid, shall receive and take the sum of two shilGngs and
sixpence for his trouble therein as aforesaid, and no more, any dung contained m any
ordinance of the province of Quebec, to the contrary notwithstanding.
VI. And be it further enacted by the authority aforesaid. That the additional duty
imposed by this act, shall not extend nor be construed to extend to any person not keeping
a house of public entertainment for a longer space of time than two years next after the
fifth day of April, which will be in the year of our Lord one thousand seven hundred and
ninety-four, but that at and after the expiration of the said term of two years, no pers^m
other than such as shall keep a house of public entertainment, shall be obUged to pay for
any license to him granted a greater sum than one pound sixteen shillings sterhng, as
imposed by the above recited act.
Vu. And be it Airther enacted by the authority aforesaid. That the said receiver
general do pay and apply the monies by him received under and by virtue of this act, m
the manner and for the purposes as set forth in a certain act, entitled, ^^ An act to establish
a fund for paying the salaries of the officers of the legislative council and house of assent
Uy, and for defraying the contingent expenses thereof ;'' and that it shall and may be
lawful for the receiver general of the province to deduct from and out of the several sums
of money by him received, the sum of three pounds for every hundred [d] pounds that
may be raised, levied, collected, and paid by virtue of this act.
Digitized by vnOOQ IC
Tldrfl SesBloift af the flnt ProTlAeial Parliament.
MET AT NEWARK, ON THE SECOND DAT OP JUNE, AND PROROGUED ON THE NINTH
DAT OP JULY POLLOWINO, IN THE THIRTY-FOURTH TEAR OP THE REIGN
OP GEORGE III.
JOHN GRAVES SIMCOE» fiSQUlBE, LISUTENANT GOVERNOR.
Anao Domini IVM*
Preamble.
The deikt of the peaee
to deliver yeerir to the
aheriflf e hit of JBro
dttlyelaated.
Chapter I«
An act for the regulation of juries.
[PMMdJidy9,]794.]
For the regiilation of juries, be it enacted hy the King's most excellent Majesty, bj and
with the advice and consent of the legislative council and assemblj of the province c^
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
aet passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
eflectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That the clerk of the peace of each and every district in this province shall
yearly and every year make up from the returns of the several assessors of each parish,
township, reputed township, or place, which shall have been transmitted to him, a true
and complete list or transcript of the names of the several inhabitant householders, living
in each of the said parishes, townships, reputed townships, or places, classed and divided
in such manner as by the said returns shaU appear, which list or transcript shall be tnms*
mitted or delivered by the clerk of the peace to the sheriff of each respective district, or
his under sheriff, in order for his returning juries out of the said list from time to time, as
he shall be commanded, and that each and every person, whose name shall be returned in
either of the said lists, shall be held and taken as qualified to serve on juies, and that no
sheriff or coroner shall return any person to serve on any jury, whose name shall not
appear in the said list, and that every clerk of the peace neglecting his duty therein, shall
forfeit the sum of five pounds to such person or persons as shall inform or prosecute for
the same, until the party be thereof convicted, by indictment, before the justices of the
peaee, at any quarter sessions of the peace, to be holden for the district where such neglect
shall have been committed.
II. And for preventing abuses by 8heri£&, bailiffs, or other officers, concerned in the
summoning- and returning of jurors, be it enacted by the authority aforesaid. That no
person or persons shall be returned as a juror or jurors, to serve on trials at any assizes
or nisi prius, quarter sessions or district court, who have served thereat within the space
of one year before, and if any such sheriff shall wilfully transgress herein, any judge or
justice of assize or nisi prius, may and is hereby required, on examination and proof of
such offence in a summary way, to set a fine or fines upon every such offender, as he
shall think meet, not exceeding the sum of ten pounds for any one offence.
III. And be it fiirther enacted, Tfiat the sheriff, nnder sheriff, or officer to whom the
retum of juries shall belong, shall from time to time enter or register in a book to be
kept for that purpose, the names of such persons as shall be summoned and shall serve as
jurors on trials at any assizes or nisi prius, quarter sessions or district court, witti the
times of their services ; and every person so summoned and attending or serving as afore-
said, shall upon application by hun made to such sheriff, under shenff, or officer, have a
certificate testifying the same, which certificate the said sheriff, under sheriff, or officer,
is hereby required to make out without fee or reward.
IV • And be it further enacted by the authority aforesaid. That no sheriff, under sheriff,
or officer, or any person whatsoever, shall directly or indirectly take or receive any money . ^ . ^ .
or other reward, to excuse any person from serving or being summoned to serve on juries, and^TO^uroft^hel^
and that no bailiff or other officer appointed by any sheriff or under sheriff to summon Jjy>«^ 552*12*'^**
juries, shall summon any person to serve thereon, other than such whose name is specified " "^^ ^
in a mandate signed by such sheriff or imder- sheriff, and directed to such bailiff or other
officer, and if any sheriff, under sheriff, bailiff, or other officer, shall wilfiilly transgress in
any of the cases aforesaid, any judge or justice of assize or nisi prius may, and is hereby
PenoM inehided hi
■uch llttt qoaliiled
■lone to eerre on jwieti
Penalty for neglect m
the deiks of the peace.
No aheiiir or other oiE-
eer to return at a Jwev
on trials, any peneo
who hat abeady Mnred
ai such, within one
year.
Sheriffs or other ofii-
terato keep regitten
of the raron on all tri-
als, and to grant eertifi-
eates of serriee, if re-
quired.
No rewmrd to he
for cxOtasmg any^i
not spec:
sherilTs]
the
Digitized by
Google
«0
e. 1. -^Thirty-fourth Ybar of Osoror IIL — 1794.
[Thiw
PMilty.
Method ofm^ngtiie
retuns of writi or «e-
nir$Jiteia9 ^uriUorta.
Nambar djoxqn.tB be
retaned.
[al See SSth Geo. Ill,
c-i
Manner of empannel-
ling the jury for the
trial of eyeiy cause.
EoM^tT for 90t a^ear-
ing when duly sttm-
monedr ai a juror and
drawnto aerre ontrial.
•aanpt
• MedeO
leo.
yeav*.
lequired on examinatioii and proof of such oflEenee in a summary way, to set a fine or fiiiea*
upon any person, so. offending, as be shall think meet, not exceeding tfie sum of three
pounds.
v. And be it further enacted by the authority aforesaid, That every sheriff or othar
officer to whom the return of venire facias juratores, or other process for the trial oC
causes, before |usticea of assize or nisi prius, who may be aasigned ta hold assizes in any
district or place within this province, doth or shall belong, shaU upon his return of every
such writ of venire facias (unless in causes to be tried at bar, or in cases where a
special jury shall be; struck by order or rule of coiut) annex a pannel to the said writ,
containing the christian and sir names, additions and places of abode of a competent
number of jurors, whose names shall have been returned in the said lists, hereinbefore
directed to be made out, whose names shaU be inserted in the pannel annexed to everp-
venire facias, for the trial of all issues at the same assizes in each respective district or
place, which number of jurors shall.not be leas. than thirfy-six in any district or plaee, nor
more than forty-eight, and the persons named in such pannels shall be summoned to serve
on juries at the theuinext assizes or sessions of nisi prius, for the respective districts or.*
places to be named in such writs, and no other, [a]
VI. And be it further enacted by the authority aforesaid, That the name of each and^
every person who shall be summoned and empanneled as aforesaid, with his addition and
the place of Ins abode, shall be -written, on several and distinct pieces of parchment or
paper, being all as near as may be of equal size, and shall be delivered to die marahal of
such judge of assize or nisi prius, who is to try the causes in each respective district, by
the sheriff or under sheriff of the said district, or some agent of his, and shall be put
together in a box or glass to be provided for that purpose, and when a cause shall be
called on to be tried, the marshal or some indifferent perjson by direction of the court,,
may and shall in open court draw out twelve of the said parchments or papiers successively,,
aod if any of the persons whose names shall be so drawn, shaU not appear, or be chsd*
lenged and set aside, then such further number,* until twelve persons be drawn, who shall
appear ; and after ^ all causes of challenge shall be allowed to be indifferent ; and the said
twelve persons, their names being marked in the pannel [a] and they being sworn, shall
be the jury tp try the cause, and the names of the persons so drawn and sworn shall be
kept apart by themselves tUl such jury shall have given in their verdict, and the same-
is recorded, or until the jury shall by consent of the parties or leave of the coiu-t, be-
discharged ; and then the said names shall be rolled up again and retunied to the fopn^-
hoi^ or ^ass, there to be kept with the other names remaining at that time undrawn, and?
so toties quoties as lone as any cause remains to be tried,
VU. And be it further enacted by the authority aforesaid. That every person or per-
sons, whose name or names shall have been drawn to serve on the trial of anv issue, and
who shall' not ap^ar after being openly called three times, shall forfeit and pay, upon
oath made by some credible person that the party so making default had been lawfullv
summoned, such fine, not exceeding the sum of three .pounds, nor less than twenty shil-
lings, as the judge wIiq sits to try the cause shall think reasonable to inflict ; unless some
reasonable cause of his absence be assip^dor proved to the satisfaction of such judge.
VIII. Provided always and be it enacted, That no person aged sixty years ^all be
obliged to attend upon any summons to be directed to him for tli^ purposes aforesaid. .
Fee of each juror swoni
to gire hit verdict
The court of Idiig^
bench, on motion, may
order a special jury to'
be ■truck for tne trial
of any iaaue.
Penaos competent to
levre on fpecial juries.
Fee to b« Uhen by
ea^h special juror ser*
yingas such.
Which party shall bea^
the increased costs oc-
casioned by a special
jwy.
IX. [Repealed by 2d Geo. IV, c 1.]
X. [Repealed by 48th Geo. Ill, c 18.]
XI.
XII
XIII
.i
[Repealed by 48th Geo. Ill, c 13.]
Pl^TJaion im
wh«re-« view shall be
aUoiped.
Method of appointing
▼iewcn
XIV. Provided always and be it* further enacted, That where a view shall be allowed
in any case, that in such case six of the jurors named in such pannel, or more, who shall
be mutually consented to by. th^ parties or their agents on both sides, or if they cannot
agree, shall be- named, by the- officer of the court, or by the judge before whom the said
cause shall be tried; shall' have the view and be first swom5 or. such of them as a{^ar
upon the jury to try the said cause, before any drawing of jurors as aforesaid, and so
many only shall be drawn to be added to the viewers as aforesaid, as shall make up the
number of twelve to be sworn for the trial of such issue : Provided also, That evety
Digitized by VrjiJOV IC
=pAaBuaniirr.']
. C. 3.*^3\Hnmr*iWBfm Tub or Gsrnwc III.*— 17B4.
An6wiia» to
them per day.
eedi of
person adlOBdiiig soch View as aforesaid^ shaH and may demand and receive a atim not
axeeedb^ ten ahilliiigB, Aht every d^ on wUch he shall be so employed.
XV. I^OYided always, and be it for&er enacted, That in case no view shall be had, or
if a view shall be had by any <»f the said jurors, no valid objection shall be made on eiAer
»side, either for want of a view, or that it was not had by any of the twelve jarors first ^^ ^^ roceedmea in
named, or that it was not had by any partictdar number of jurorsnamed in the said writ, t^ing^'i8sv&^ "*
but the trial of the issue shall proceed, any formal objection respecting the view, to the
•eontrary notwithstanding.
(SeeSSdGeo. UI,e£; 36th, o 3; 48th, c 13.]
The went of a ticw,
or any mfomuQitie* ia
haying tlie tame, shall
PreamUe.
JurisdietioB and poir-
^en thexeof.
JPenons who thaU nre-
■ide therein, and plaee
catwpter II*
Jlnaetto e$kMi$h a mperior court of eivU and criminal juriadu^ion, and to regnhie
the court of appeal.
f RBPBJi&mD 9T Ibo'Oso. IV, Cts. 1, EXcepr nn 1st, 83i>, d4TK, S5th, aitd 9Gth CLATTscg.— PaMed Jnlj 9, 1794.]
Fob the general and regular administration of justice throKgbout this province, be it
•enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and aiissembly of the province of Upper Canada, constituted and assem-
"bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more efifectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,'" and by the authority of the same. That there A court of king's henoh
be constituted and established, and there is hereby constituted and established, a court of
Taw, to be called and ^nown by the name and style of his Majesty's court of king's bench,
for the province of Upper Canada, which shall be a court of record of original jurisdic-
tion, and shall possess all such powers and authorfties as by the law of Ensland are
incident to a superior court of civu and criminal jurisdiction, and may and shall hold plea
in all and all manner of actions, causes, or suits, as well criminal as civil, real, personal,
'and mixed, arising, happening, or being, within the said province, and may and shall
proceed in such actions, causes or suits, by such process and course as shall tend with
justice and despatch to determine the same, and may and shall hear and determine all
issues of law, and shall also hear, and by and with an inquest of good and lawful men,
determine all issues of fact that may be joined in any such action, cause, or suit as afore-
said, arid judgment thereon give, and execution thereof award, in as full and ample a
manner as can or may be done in his Majesty's courts of king's bench, common bench, or
in matters which regsu*d fhe King's revenue by the court of exchequer in England. And „„^ ^^^^
that his Majesty's chief justice of this province, together with two puisne justices, shall whcre'tiw
preside in the said court, which court shall be holden in a place certain, that is, in the ^ ^^^^
city, town, or place where the governor or lieutenant governor shall usually reside ; and
unta such place be fixed, the said court shall be holden at the last place of meeting of
the le^Iative council and assembly, '
XXXIII. And be it furtber enacted, That the governor, lieutenant governor, or person Cook of appeals,
administering the government of this province, or the chief justice .of the province,
together with any two or more members of the executive council of the province, shall
-compose a court of appeal, for hearing and determining all appeals from such judgments
or sentences as may lawfully be brougnt before them.
XXXIV. Provided always, and be it further enacted, That when any person having
given the judgment or sentence appealed from, sh&U be a member of the court of appeal, „,
it shall and may be lawful for him to assign to the said court his reasons for delivering their >ea«onij'hnt
such judgment, in case he shall be so disposed, but he shall not be at liberty to give his ""
vote in the decision of the question before the court.
XXXV. And be it further enacted, That an appeal shall lie to the court of the governor
and executive council, from all judgments given in the said court of king's bfenclT, in all i^«wtation of appeals
cases where the matter of controversy shall exceed the sum of one hundred pounds, or
shall relate to the tsdcing of any annual or other rent, customary or other duty, fee, or any
other such like demand, of a general and public "nature, afFecting fiiture rights, of what
value or amount soever the same may be, upon proper security being given by the appel-
lant that he will effectually prosecute his appeal and answer the condemnalion, and also Security to ^ given.
pay such costs and damages as shall be awarded in case the judgment or sentence appealed
from shall be aflBrmed, and that upon the perfecting such security, execution shall be
stayed in the original cause.
XXXVf. And be it further enacted by the authority aforesaid, That the judgment of gj»«" *^* «S2ea? ^
the said -court of appeal shall be final, in all cases where the matter in controversy shall J^^y*" ^
Digitized by VnOOQlC
The jiidgeii helow, if
memhen of the eobJi
of appeal, womj aMign
ir reasontj hat not
give their yotee in ap«
n
C. 8, 4.— TnntTr-iwnmi Ybaa of Gboms III.— 17d4.
['nam
8«earit7 to begir«iB.
PfOTuioD for ranoriBg
the eonrt of king's
beneh to aaotber plaea
oTIioldingtlMMUtte.
not exceed the sum or value of five bimdred pounds steriiiig, but in oases exioeeduig that
amount, as well as in all cases where the matter in question shall relate to the taking of
any annual or other rent, customary or other duty, or fee, or any other such like demand
of a general and public nature, affecting future rights, of what value or amount soever the
same may be, an appeal may lie to his Majesty, in his privy council, upon prop^ security
being given by the appellant that he will effectually prosecute his appeal, and answer the
condemnation, and sdso pay such costs and damages as shall be awarded by his Majesty,
in his privy council, in case the judgment of the said court of sovemor and executive
oouncil, or court of appeals shall be affirmed, and upon the perfecting of such security,
execution of the said judgment shall be stayed, until the final determination of such apped
to the Kins in council.
Provided always, and be it further enacted, That in time of actual war, and when there
may be reason to suspect an invasion of the province from the King's enemies, it shall
and may be lawfiil (w the governor, lieutenant governor, or per8<m administering the
government, by and with the advice and consent of the executive council, to issue his
proclamation to remove the place of holding the said court, and to appoint and make
known such other place, within the limits of the province, as shall be deemed most safe
and convenient for holding the same.
Chapter III.
An act to establish a court for the cognizance of small causes in each and every district
of this province,
[Repxalbd Br 2d Geo. IV, Ch. 2.]
Snipoiision for 2 yean
of piurt of the ordinmee
of Qvebee. re
attoraiea, Itc
MSee 87th Geo. Ill,
e 18, end 88th, c 2.
PereoBs duly qoalified
to be Ueensed, to a
certaiii nvmber, as ad-
Tocatesaad attorniea.
fiiroDed,
and authorized to re-
eeiye foea acoordini^y.
Bat may be atniek off
by the conrt« on aatia-
fiMtoiy eridence of
oompt praetitfee.
Penont admiaaibie by
the ordinance, not dia-
qnaliSed by thia aet.
Chapter IV.
An act to authorize the governor or lieutenant governor to license practitioners in the law,
[PtaaedJnIyS, 1794.]
WnsRlsAfi much inconvenience may ensue from the want of persons duly authorized
to jM-actise the profession of the law in this province, be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, *^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, * An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same, That the operation and effect of the pitH
visions contained in a certain act or ordinance of the late province of Quebec, passed in
the twenty-fifth year of his Majesty's reign, entitled, ^^ An act concerning advocates,
attomies, solicitors, and notaries, and for the more easy collection of his Majesty's reve-
nues," so far forth as the same regards the regulations concerning advocates, attomies^
solicitors, and notaries, be suspended, and the same is hereby suspended, for and during
the terkn of two years from the posing of this act. [a]
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this
province, to authorize by license, under his hand and seal, such and so many of his
Majesty's liege subjects, not exceeding sixteen in number, as he shall deem, from their
probity, education, and condition in life, best qualified to act as advocates and attornies, in
the conduct of all legal proceedings in this province ; and that upon producing such license
to the proper officer, their names shall be inscribed on a roll for that purpose to be provi-
ded, and to be kept among the records of the court of king's bench ; and each ahd every
person whose name shall be so inscribed, and no other, sh^ be holden as duly authorized
to receive fees for practising in any of his Majesty's courts within this province.
III. Provided always, and be it enacted. That in case any person or persons, so licensed
and enrolled, shall be guilty of any malversation or corrupt practice, and the same shall
be proved, by evidence, to the satisfaction of the court of king's bench, it shall and may
be lawful for the said court to order his or their name or names to be struck off the roll.
IV. Provided also, and be it further enacted. That nothing herein contained shall pre-
vent, or be construed to prevent, any person duly qualified according to the provisicAis in
the said act or ordinance contained, from being admitted to the exercise of the practice of
the law, conformably to the said act, and that at and after the expiration of the said two
Digitized by VrjiJOV IC
Fian Pabuamsnt.]
C. 5, 6, 7, 8. — Tmwry-FOUHTH Yeah of Obohoe 111.-179*.
m
jears, the said act or ordinanoe shall again be in force, until other or Airther provision be
made for the like purposes.
y. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the secretary of the governor, lieutenant governor, or person sAministering the govern*
meat of this province, to demand and take the sum of forty shillings on the delivery of
eadi and every such license, and for the clerk of the court of king's bench, to demand
and Uiks the sum of thirteen shillings and four pence, for inscribing Uie name of each and
every person so licensed upon the roll.
VI. Provided always, and be it enacted. That the clerk of the court shall, and is herebv
required, to inscribe on the said roll the name of each and every person duly qualified,
according to the provisions in the said act or ordinance contained, without any gratuity or
fee whatever.
Revival of tiie oM^
Fms for eMh Umbm
Thenofte* oTperMHM
authorised aeeotding
to the ordinaace to be
enmlled grali*
Chapter V.
An act to provide for the accounting for all fines, forfeUureaj and penalties j hitherto
reserved to- his Majesty, to and for the uses of this province.
[Pawed July 9, 17^.]
Whereas his Majesty, by his royal instructions, hath been graciously pleased to direct
that all laws or ordinances of this province, for levying of monies, or imposing of fines,
forfeitures, and penalties, should mention and declare the same to be granted or reserved
to his Majesty, his heirs and successors, for the public uses of the said province, and for
the support of the government thereof, as by the said laws or ordinances may be directed ;
be it enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, *An act for making more effectual provision for the
eovemment of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same, That the
due apfHication of all monies heretofore granted or reserved, and arising or accruing to
his Majesty, for the purposes aforesaid, by any act or acts of the legislature of this pro-
vince, heretofore made, shall be accoimted for unto his said Majesty, through the
commissioners of his Majesty'^ treasury for the time being, in such manner and rorm as
his Majesty shall direct ; any thing in any former act or ordinanco or clause in any act or
ordinance to the contraiy hereof in ahy wise notwithstanding.
PireamUe.
The appUeatioA of afl
moiiie* levied for the
uses of the province }
and of finei, &c to he
aeconnted for lo hia
Miyeity.
Chapter VI,
An act to a^mend certain parts of an act pasSed in the thirty4hird year of the reign of
his present Majesty, entitled, ^' An act to authorize and direct the laying and collecting
of assessments and rates, in every district unthin this province, and to provide for
the payment of wages to the members of the house of assembly. ^'^
[Repealed by 47th Geo. III,Ch. 7.]
Chapter VII*
An act for the further regulation of the militia of this province,
[Repealed bt 48tb Geo. Ill, Ch. 1.]
Chapter VIII.
An act to restrain the custom of permitting homed cattle, horses, sheep, and swine, to run
at large.
[Passed July 9, 1794]
Whsreas the custom of allowing horned cattle, horses, sheep, and swine, to run at preamble.
large, has been found occasionally inconvenient and detrimental ; be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and imder the authority of an act passed in the parliament of Great Britain,
entitled^ "An act to repeal certain parts of an act passed in the fourteenth year of r^ ^^^^r^Jr-*^
7 Digitized by VrjOOQlC
C. 0, 10. — TnuLTX-vovwm Ysab of Gsobos Ilt^— 1794.
[TmBD ftiBM^iaif,
Cattle henceforth not
to run at luge, but UD*
der «ertatnngnlati<Mi«-
Whieh regnlatione
shall be made in the
tcapeetive town meet-
hiss annuaUy.
M See 44th Geo. III»
e4,sl.
[6] As to swine in eer-
tam townsysee 4th Geo.
Ill, c 10.
Cattle traspassinji^ to
be empounaed until the
damages done and the
pound-keepei's fees bo
paid.
Which fees shall be
regulated in quarter
(Amended by 2d Geo.
iV.cIl.)
bis Majesty's reign, enti^O^, ^An act for making more efikctual pKovisicm for tli0|p>-
vernment of the province of Quebec, in North America, and to make furtberpro vision
for the government of the said province,' " and by the authority of the same, Tnat from
and after the passing of this act, it shall not be lawful for any person or persons to permit
any horned cattle, horse, sheep, or swine, to run at large, otherwise than under the regu-
lations and restrictions hereinafter provided.
II. And be it fui-ther enacted, That henceforth it shall and may be lawful for the
inhabitant householders, or the greater part of them, in every district within this province,
in their annual town meetings lawfully assembled, to ascertain and determine in what
manner and at^what periods, horned cattle, horses, sheep, [a] and swine, [6] or any of
them, shall be allowed to run at large, within their respective divisions, or to resolve that
the same, or any part thereof, shall be restrained from so doing.
III. And be it further enacted, That if any homed cattle, horse, sheep, or swine, the
found running at large in any town, township, reputed township, or place, contrary to the
regulations of the town meeting thereof, it shall and may be lawful for any of the pound-
keepers thereof, and on receiving notice, he is hereby required to empound such homed cat-
tle, horse, sheep, or swine, so trespassing, and to detain the same, until the person or persons
who may have sustained any damage by the trespass of the same, shall have received
from the owner or owners of such horned cattle, horse, sheep, or swine, reasonable com-
pensation, and until the fees of such pound-keeper shall have been satisfied, which £ees his
Majesty's justices of the peace in their general quarter sessions assembled, or the greater
part of them, are hereby authorized and required to regulate and ascertain, in and for
their respective districts ; any thing in any act or ordinance of the late province of Quebec,
or in any act of the legislature of this province to the contrary of the provisions of this
act, in any wise notwithstanding.
Chapter IX.
An act to repeal certain parte of anadi passed in the second session of the l^^lature
of this province^ entiUed^ ^^ An act to regulate the laying out^ amending^ and keeping
in repair^ the public highways and roads within this province^^^ and to make furthir
promsions respecting the same.
[RbpEACB for a TIMS PART OV 83l> GsO. Ill, Ch. 4; WHICH It RXPCALBD IN TOTO BT 0OtIIGeO. Ill, Cr. 1.]
sad Geo. Ill, eS.
FrMunble.
[a] See 48Ui Geo. Ill,
c 16, ■ 3.
A no] and court houe
to 06 erected in the
town of Cornwall, in
the Eastern diatriet
Chapter X.
An act to amend certain parts of an act passed in the thirty-second year of his Majesty^s
reigny entitled, " An act for building a gaol and court house in every district throughout
this province, and for ottering the names of the said districts^
[Patted Jidy 9, 1TM.1
Whereas it is necessary for the ease of the inhabitants of the Eastern lUstrict, that
two gaols and court houses should be built therein ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, *^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
• An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That in addition to the above mentioned act, which
authorizes and directs that a gaol and court house for the Eastern district shall be built
in manner therein mentioned, in the town of New Johnstown, [a] in the township of
Edwardsburgh, it shall and may be lawful for the inhabitants of the Eastern district, to
erect and build, or cause to be erected and built in the town of Cornwall, a gaol and
court house, after the manner and under the rules, regulations, and conditions, appointed
and prescribed, by the above mentioned act, passed in the thirty-second year of his Ma-
jesty's reign as aforesaid.
Fundt for erecting the
taid gaol and couit
The application and
dittributlon of snch
fundt to be cojpiizahlc
in quarter tettiont.
Thetherifftoii
the gaoler, &e.
II.
III.
> [Temporary.]
IV. And be it further enacted, That the sheriff of the said district shall have the
same power and authority to nominate and appoint such person as he shall judge. most
person as he shall judge m<
digitized by VzfUOglt:
Ftltf* I^AhbtJiMteNT.] C. ll.— TmiiTY-FOUftTH Yeaa op Gsouge in.— '1794.
ftopeir to the office of gaoler and keeper of the gaol ani court house at Cornwall, as well
aft to do al other matters and things necessary to be done respecting the government of
the said gaol and court house at Cornwall^ as he had, by virtue of the said act, to regulate
the gaol and court house of New Johnstown, [a]
V. And be it further enacted by the authority aforesaid, That all and every the rules,
regulations, and conditions, respecting the management and government of the gaols in
each district, as they are prescribed in the thirty-second year of his Majesty's reign, shall
extend and be construed to extendi to the management and government of the said gaol,
as in and by this act is allowed to be erected and built in the said town of Cornwall, in
the Eastern district as aforesaid.
M
The gaol and court
hoa«e to be under thm
eatab^shcd rules Md
Chapter XI.
An act to lay and collect a duty upon stills.
[PM«edJulj9,17W.]
Whbrsas for the better support of the government of this province, it is expedient to
increase the revenues thereof, we, your Majesty^s most dutiful and loyal subjects, the
representatives of the people of the province of Upper Canada, in assembly met, do most
humbly beseech your Majesty that it may be enacted, and be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An act to
repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
* An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make fuiiber provision for the government of the said province^' "
and by the authority of the same, That from and after the fifth day of April next, there
shall be raised, levied, collected, and paid, yearly and every year, unto his Majesty, his
heirs and successors, to and for the uses of this province, and towai'ds the support of the
dvil government thereof, of and from all persons having* and using a still or stills, or here-
after to have and use a still or stUls, for the purpose of distilling spirituous liquors for sale,
a sum not exceeding one shilling and three pence lawful money of this province, for every
gaUon, which the body of such still or stills shall or may be capable of containing, in
manner hereinafter mentioned.
II. And whereas it is expedient to make provision for the service of the current year,
be it enacted by the authority aforesaid. That the said duties shall begin and be payable
for the seven months which will clap3e between the fifth day of September and the fifth
day of April next ensuing the passing of this act, to be paid at and after the rate of seven
pence half-penny lawful money as aforesaid, per gallon, in manner hereinafter mentioned.
III. And in order that the size of the several stills to be employed for the purposes
aforesaid, may be more truly ascertained, and the duties to be imposed thereon more easily
collected ; be it enacted by the authority aforesaid. That from and after the fifth day of
November next, it shall not be lawful for any person to make use of any still or stills, for
distilling spirituous liquors for sale, until he shall have obtained a license for that purpose ;
and every person desirous of obtaining such a license, shall, in a written requisition for the
same, to be Inade in manner hereafter mentioned, specify and set forth the number of
gallons which the body of the still or stills he proposes to use, does or do contain, which
specification shall be inserted in the license to him to be granted ; and in case any person
shall make use of any still for the purpose of distilling spirits for sale, without having
obtained such license, or shall make use of any still or stills for the purpose of distilling
spirits, of larger dimensions than that or those specified in his license or requisition, or
shall have in his possession any still or stills erected or set up over a furnace or fire-place,
so as the same may be used for distilling, capable of containing singly or together a greater
number of gallons in the body or bodies thereof than the number of gallons specified and
set forth in his license or requisition, and be thereof lawfully convicted by confession, or
on the oath of one credible witness before any of his Majesty's justices of the peace, he
shall forfeit and pay for every such offence the sum of ten pounds lawful money as afore-
said, to be levied by distress and sale of the offender's goods and chattels, one half of
which said sum of ten pounds shall be given to the person or persons informing, and the
other half paid into the hands of his Majesty's receiver general, to and for the public
uses of this province ; and that the still or stills so employed shall be forfeited to his
Majesty, and that the party having used the same shall be incapable of obtaining a license
for the purpose of distilling spirituous liquors for sale, for and during the term of three
years.
Preunblo.
Doty to be paid for er-
ery galion whieb a still
in use i« capable of
eootaifiiiig.
Proriaion fortbe eur*
rent year, to determine
in April.
Metbod of aacertainiiig
tbe eontentf of rattaUe
BtiUs.
(Astotbei
of wooden ttillf,
4UiGeo.IV.cl8.)
Penalty for uting or
baving in a situation to
be used, stills of larger
dimensions tbanspMl-
fied intbel'
Digitized by
Google
m
C. 11. — ^Thirty-vourth Ybab of Gbobok hi. — 1794.
[Third
Lieeneee to be tMOed
•by tin »ecretarj.
fa] Repealed as to the
duties of the secretary
by 4Sd Geo. 111,0 9.
Form of rcquliitioii for
such licenses.
;h reqc
filed, and copies thereof
l^nuited when required.
Time of applying for
licenses.
Public notice to be gi-
ven by the secretary.
Duty for the cnncnt
seycn months.
Duty for every ensuing
year.
Fees.
Stills containing less
than ten gallmis not to
be licensed to distil
spirits for sale.
Penalty.
(Search srvmsA to be
granted on affidavit.
IV. And be it further enacted by the authority aforesaid, That the secretary of the
province for the time being, [a] shall and may by himself, and agents for that purpose to
be duly appointed in each and every district of this province, issue all licenses for the
purpose above mentioned, upon such requisition as aforesaid, which may be in the following
form :
" I, A. B., do require a license for using a still, the body of which is capable of contain-
ing gallons and no more, [and in case more than one still is intended to be used]
and also for another still, the body of which is capable of containing gallons and no
Qiore, for the year ensuing the fifth day of April next, as witness my hand, A. B., this
day of
" To the secretary of the province of Uppei* Canada, or his agent for tffe
district."
V. And be it further enacted. That every such requisition, signed by the party as
aforesaid, shall be carefully filed and preserved by the said secretary, or his respective
agent duly appointed, (which appointment shall by the said secretaty be publicly notified
in the Upper Canada Gazette,) aifd the said secretary and each of his said agents shall,
upon application to any of them for that purpose made, grant to every person desiring the
same, a true copy of any such requisition filed in his office, on payment of one shilling by
the party applying for the same, which copy shall be signed by the said secretary or his
agent, and shall be held and taken as lawful evidence of such requisition or license, for all
purposes whatever.
VI. And be it further enacted by'the, authority aforesaid, That all persons desirous of
obtaining such license as aforesaid, shall make such application as hereinbefore is set forth,
so that they may be supplied with the same, on or before the fifth day of September next
ensuing, and to the end that the public may be informed where to apply for such purpose,
the secretary of the province shall, and is hereby required to give notice in the Upper
Canada Gazette, or otherwise, at least six weeks next before the said fifth day of Sep-
tember, and hereafter yearly and every year, at least one month before the fifth day of
April, setting forth at what place and by whom such licenses are to be issued in every
district in this province ; and also the penalties to be incurred by such persons as shall
refuse or neglect to comply with the provisions herein contained, and the said secretary,
and his agents in their respective districts, shall upon such requisition as aforesaid, make
out and deliver to every person applying for the same, uix)n payment of the sum of seven
pence half-penny per gallon as hereinbefore, mentioned, a license for the purpose of distil*
ling spirituous liquors for a period of seven months, which shall expire on the fifth day of
April next.
VII. And be it further enacted by the authority aforesaid, That all licenses to be granted
for the purposes aforesaid, after the said fifth day of April next, shall be dated on the sixth
day of April in the yeai* in which they are issued,, and shall expire on the fifth day of
April next ensuing the date thereof, and that it shall and may be lawful for the said
secretary or his agents to demand and receive from every person requiring such license,
the sum of one shilling and three pence for every gallon which the body of the still or
stills so licensed shall be capable of containing, according to the specification in the said
license contained.
VIII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the said secretary and each of his agents severally, to demand and take the sum
of two shillings and six pence and no more, as his fee upon the issuing of every such
license as aforesaid.
IX. And be it fmther enacted by the authority aforesaid, That it shall not be lawful for
the said secretary or any of his agents to grant a license for the working of any still, unless
the body thereof be capable of containing at least ten gallons wine measure, and if any
person shall use a still for the distilling oi spirituous liquors for sale, the body of w^hich is
not capable of containing ten gallons, and be thereof lawfully convicted, by confession or
by the oath of one credible witness, before any one of his Majesty's justices of the peace,
he shall forfeit and pay for every such offence the sum of ten pounds, one half of which
shall be paid to the informer, and the other half into the hands of his Majesty's receiver
general, to and for the public uses of this province, and the support of the government
thereof.
X. And in order to prevent fraud in the matters aforesaid, be it enacted by the authority
aforesaid, That it shall and may be lawful for any of his Majesty's justices of the peace,
upon oath first to be made by any credible person, that such person has good reason to
believe that the still or stills employed by any licensed person, does or do contain a
greater number of gallons in the body or bodies thereof than what is specified in his
requisition or license, to grant a search warrant to a peace officer ; taking with him the
party making oath as aforesaid, and any one other ^x^rson, for the purpose of examining the
^ Digitized by VnUOy It:
Fu0T Pabuambnt.]
C. IS. — TmuTg'WovwsB Ybar of Gbqbob III. — 1794.
SI
stBI-houae or other place, where any still or stills may be set up, and of measuring or
gauging the bodies thereof; provided always, That no such warrant be executed before
sun-rise jor after sun-set.
XL And be it further enacted by the authority aforesaid. That it shall not be lawful DutiUen not to KtaO,
for any person working any licensed still or stills as aforesaid, to sell or barter any quan- ^^^ }^ ^ liceiued to
tity of such distilled liquor less than three gallons, nor shall it be lawful for the secretary '****^'
of the province or any of his agents, to grant a license for the puipose of distilling spiritu-
ous liquors to any person or persons licensed at the same time to retail spirituous liquors,
or to grant a license for retailing spirituous liquors to any person or persons licensed at
the same time to distil spirituous liquors.
XIL And be it further enacted by the authority aforesaid, That all monies which shall
be received by the secretary of the province or his agents, under and by virtue of this
act, for licenses, to commence on the fifth day of September next, shall be paid by the
said secretary into the hands of the receiver general of this province, on or before the
twentieth day of May , and that all monies hereafter to be received by virtue of this
act, Sot licenses, to commence on the sixth day of April, shall be paid in to the said receiver
general, on or before the twenty-first day of June next ensuing, and that all monies that
may be received by virtue of this act after the said twenty-first day of Jime in each and
eveiy year successively, be paid in to the receiver general, on or before the fifth day of
April next ensuing.
XIIL And be it further enacted by the authority aforesaid. That it shall and may be
lawful to and for the receiver general, as treasurer of this province, to deduct from and '^^^ general.
out of the several sums of money to him paid by the secretary of the province, under and
by virtue of this act, the sum of three pounds, for eVery hundred pounds by him received
as aforesaid.
XIV. And be it further enacted by the authority aforesaid. That all the fines, forfeitures, Accowiting of monies,
and penalties, that shall be incurred under this act, shall be accounted for to his Majesty,
through the commissioners of his l^iajesty^s treasury for the time being, in such manner
and form as his Majesty shall direct.
Payment of tbe monie*
into the hands of the
receWer general.
Poondage of the reeei-
Cliapter XII.
An act far regulating the manner of licensing public houses^ and for the more easy
convicting of persons selling spirituous liquors without license,
[Passed July 9, 1794.]
Whereas the provisions contained in a certain ordinance of the late province of Que-
bec, passed in the twenty-eighth year of his Majesty's reign, entitled, "An act or.
ordinance for the better security of the revenue arising on the retail of wine, brandy, rum,
or spirituous liquors, have been found inconvenient ; and whereas it is expedient to make
other and more easy regulation respecting the granting licenses to houses of public enter-
tainment ; be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, "An act to rej)eal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, * An act for making more effectual
provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority
of the same, That the said act or ordinance shall be, and the same is hereby repealed.
II. And be it further enacted by the authority aforesaid. That from and after the twen-
tieth day of March next, no license shall be granted to any person to keep an inn or public
bouse for the purpose of vending wines, brandy, rum, or other spirituous liquors, unless
he shall first -have obtained a certificate of his being a proper person to keep an inn or
public house from the magistrates of the division wherein he resides or is about to reside,
to be granted to him as hereinafter specified ; and all licenses which shall be hereafter
^nted to the contrary hereof, shall be null and void.
III. [Repealed by 59th Geo. Ill, c 2.]
•
IV. And be it further enacted by the authority aforesaid. That no certificate, to obtain
such license, shall be granted to any person not licensed the year preceding, unless such
person shall produce to the justices at the said meeting, should they require it, a testimonial
under the hands of the parson and church or town wardens, or of four reputable and sub-
stantial householders and inhabitants of the said division, wherein the said inn or public
Preamble.
Recital of an ordinance
passed 28th Geo. III.
The same repealed.
Certificates to be ob-
tained by persons, pte-
vious to their being
licensed.
Number of inns may
be limited by the ma-
gistrates ; their annoal
meeting in March, to
determine on applica-
tion for lieenses, «e.
Restrictions in granting
licenses to persons not
licensed orthe pn
ding year.
preee^
Digitized by
Google
M
PwfliKn nir ui6 tt-
firneea of inti-liolders
dyiQg or KmoTing.
) to be en*
teradlntoofk obtahiiiig
• eeitifieate.
(fte« 3M Geo. Ill, c
Fees.
ReeognisBaoiee to be
transmitted to the clerk
of the peace, and filed
and r^gietcied.
A list of penons nnder
yttch reoMjnuHUicee to
be laid before the ema-
il^ quarter tOMioBS,
Method of proceeding
against persons who
may haTe broken the
eondition of this reeog-
Reeognisances to
estrsaked.
tNeabilHy of an offender
for three Tears.
Mcmies to be paid into
the treasurer's h
within six months.
C. 13.— THiATT-voumra Ysar ov Oborob IU4 — 1794. [THiitD dBll6t6lr)
house is intended to be k^pt, setting forth, that such person is of good feme, sober Hfe
and conversBlion, and that he has taken the oath of allegiance to our sovereign lord
the King.
y. Provided nevertheless, That if any licensed person shall die or remove froiift the
inn or public house kept by him, it shall and may be lawful for the person succeeding to
tfie occupancy of such house, to keep on the said inn or public house, during the residue
cS the term of such license, on condition that such person shall obtain an assignment
endcMTsed on the back of the hoense granted to the person so deceased or removed ; which
assignment shall be executed in the jH'esence of a magistrate, and shall within thirty days
after the death or removal of such person obtain a testimonial as aforesaid, in order to- its
being {M'oduced at the next division meeting ; and if such assignment be not executed as
aforesaid, and such testimonial obtained and signed within the said thirty days, then and
in such case immediately from and after the expiration thereof, such license shall be null
and void ; and no license so assigned shall entitle any person to keep an inn or public
house in any other division than that in which it was originally kept by virtue of the said
license, such license being with regard to all other places, and the same is hereby declared
to be, null and void.
VI. And be it further enacted by the authority aforesaid. That every person obtaining
such certificate as aforesaid, shall at the same time enter into such recognizance as by a
certain act of the legislature of this province, entitled, " An act to establi^ a further fund
for the payment of the salaries of the officers of the legislative council and house of assembly,
and for defraying the contingent expenses thereof,^' is directed, and that theoleck of every
division meeting, or other person employed to draw out such recognizance, shall at the
execution thereof demand and take from the person acknowledging the same, over and
above the fee by law directed to be taken for such recognizance, the further sum of one
shilling, to be paid to the clerk of the peace for filing the same, and the derk of eveiy
division meeting, or other person drawing the said recognizance, shall and is hereby
required to deliver or transmit the same to the clerk of the peace of the district, in order
that the same may be filed, and that the clerk of the peace in each and eveiy district shall
file all recognizances that they may have taken, and shall be transmitted or delivered to
them in manner aforesaid, to be kept among the records of the district ; and the clerks of
the peace within their several districts shsul keep a register of all the recognizances that
may have been transmitted or delivered to them, and shall deliver or cause to be delivered
to the justices of the peace in their quarter sessions assembled, next ensuine the fifth day
of April yearly, a list of the names of the persons whose recognizances shall respectively
have been filed, and any justice of the peace in any district wnerein such license shall be
granted, upon complaint or information that such licensed person hath done or committed
.any act, offence, or misdemeanor, whereby in the judgment of the said justice, such recog-
nizance may be forfeited, or the condition thereof broken, may, by summons under his
hand and seal, require such person so complained of or informed against, to appear at the
next quarter sessions of the peace for the said district, then and there to answer the matter
of such complaint or information ; and also may bind the person or persons who shall make
such complaint or information, or any other person or persons concerned, in a recognizance
to appear at such quarter sessions, and give evidence against the person so complained of,
or informed against, and the justices of the peace in their quarter sessions assembled, shall
and may have power to direct the jury which shall attend at such sessions, for the trial of
traverses, or some other jury of twelve honest and substantial men to be then and there
empannelled by the sheriff without fee or reward, to enquire of the misdemeanor charged
in the said complaint or information ; and if such jury shall find that the person so com-
plained of, or informed against, hath done any act, whereby the condition of his recogni-
zance is broken ; such act being specified in such complaint or information, it shall and
may be lawful for the court at such quarter sessions, to adjudge such person guilty of the
breach of such recognizance, which verdict and adjudication shall be final to ^1 intents and
purposes ; and thereupon the said justices shall order the recognizance entered into by
such offender to be estreated into his Majesty's court of king^s bench, to be levied to his
Majesty's use ; and that the said offender shall, from and after such adjudication, be utterly
disabled to sell any wine, brandy, rum, or spirituous liquors or strong waters, for the space
of three years ; and any license or licenses granted or to be granted to such person during
such time shall be null and void.
VII. And be it further enacted by the authority aforesaid, That the secretary of the
province, or other person appointed to deliver licenses to inn-keepers or keepers of public
houses, shall cause all monies that shall or may be by himself or his agents received for
such licenses, as may have been issued in each and every district, to be paid into the
hands of the treasurer of this province, for the time being, on or before the expiration of
six months next succeeding the year when such licenses were issued and distributed.
Digiti
zed by Google
FntBT Pabuamxht.]
C. 18. — ^Thirty-fourth Ysar of Osoros III. — 1794.
VIII. And be it further enacted by the authority aforesaid, That the secretary of the
province shall and is hereby required, yearly and every year, to cause the names of the
several penons who shall have taken out a license for keeping an inn or public house, to
be published in the Upper Canada Gazette, on or before the twenty-first day of June, and
that the clerk of the peace in each and every district do cause the names of all such per-
sons as shall have entered into such recognizance, to be affixed in two of the most public
places in the district for public inspection.
69
Namei of liecnted per-
•ODfl to be tdfortiieds
■ad of Uiote nnder ft-
cognisueef.
•f a 'Warrant to a Constable to gire If otlee*
Horn IhetmieTy Dtriiioir.^Tb tht BSf^ ComtdbU, or otker Peace Q^Scer cftkU Ditiriei:
Iw Mframce of tbe eet la tueh case made and prorided, yoa are hereby reqttii;pd to give notice in the moct public
Banner to all lieeuied inn-keepers or keepers of pnbue hontet, and also to afl persona onlioensed, who do intend to offer
thenaaelres to be lieensed at the next general meeting of the said jnstiees, for that pwxMMe, within this division ; that they
do penonelly anpear before the said jostiees at the on the at hour of the forenoon of the
same day» to take or renew their licenses for the jtai ensuing ; and also to give them notice that ererj person to be licensed,
must penonally enter into a recognizance of ten pounds before the clerk of the peace of the district, together with two
enretiee in fiTC pounds each, that uey will not use or suffer any unlawful games, and that they will keep cood order and
rule within their respective houses ; and if he, she, or they shall be hindered by sickness or other reasonable cause to be
allowed by the said justices, that he, she, or they must procure two sureties to be then and there bound in the like _
in ten pounds each. And unto such persons as bare not oeen licensed for the year preceding, you are further to give notice,
that no license will be granted to anjf of them, unless eyeiy such person shall also at the same time and place produce a
testimoniid, should the same be required by the justices, under the nands of the minister and church or town wardens, or
~'^erwise, of four repntableand substantial noasehalders of the division, setting forth, that he is of good fame, and sober life
1 conversation , antfas they believe, a good subject of our lord the King, having taken the oath of allegiance : Hereof fail i
GiTcn under our hands, this
Inot
A. B. ) Justices of the Peace for
C. D. $ the said Divlfion.
FomofwemMt
(As to the secretary of
the province, see 48d
Geo. Ill, o 9.)
iSee 8601 Geo. Ill, c8;
7th, ell; 40Ui,e4;
41st, e 8; 48d, o 9;
4&th,cl; 54th, c 10;
and66th,el0.)
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Google
Fourth Session of tho first Provincial Parliament.
MET AT NEWARK, ON THE SIXTH DAT OP JULY, AND PROROGUED ON THE TENTH
DAY OP AUGUST FOLLOWING, IN THE THIRTY-PIPTH TEAR OF THE REIGN
OF GEORGE III.
JOHN GRAVES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR.
Anno DoBkiBl 17M*
Chapter I.
An act to regulate the practice of physic and surgery,
[RspBALKD Br 4GrH Gxo. Ill, Oh. 2.]
Chapter II«
An ad to asc&tain the eligibilUy of persona to be returned to the house qf assembly.
[RfiPBALSD BT SSrn Geo. Ill, Ch. 9.]
Chapter III.
An act to rattfy^ approve^ and confirm^ the provisional agreement entered into by the
commissioners on behalf of this province^ wUh the commissioners on behalf of the
province of Lower Canada.
[Expired.]
See 84tli Gm. IU, c
t,
PNMBUe.
Jnrisdietion mnted to
the eonit of lung's
bench in actioot for
coodi seised M contn-
Mttd, and process to be
had Uierein, as in simi-
lar cases in his Mi^s-
ty's court of exchequer
in&giand.
Chapter IV.
An act to explain and amend an act passed in the thirty-fourth year of his Majesty^
reignj entitled^ ^' An act to establish a superior court of civU and criminal jurisdic-
tion^ and to regulate the court of appeal^
[Passed August 10, 1796.1
Whereas doubts have arisen respecting the jurisdiction of his Majesty ^s court of his
bench in this province, as far as the same may concern the condemnation of contraband goods ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
sovemment of the province of Quebec, in North America, and to make ^rther provision
lor the government of the said province,' " and by the authority of the same, That from
and after the passing of this act, all actions of debt, bill, plaint, or information, that may
be brought upon any seizure of contraband goods, by any ordinance or act in force, or to
be in force in this province, for the prevention of smuggling or any clandestine or unlaw-
ful commerce or intercourse heretofore, now, or hereafter carried on, or to be carried on,
by and between his Majesty's subjects or people of any other state or country when and
where the same may be prohibited, shall be heard and determined in his Majesty's court
of his bench ; and that it shall and may be lawful upon any action of debt, bill, plaint, or
information, brought or to be brought upon any seizure before this act made, or to be
hereafter made, of any contraband or prohibited goods, now or hereafter made or to be
made contraband, for the justices of his Majesty's bench for the time being to proceed to
the hearing and determining thereof, in as full and ample a manner as is now done and
practised in his Majesty's court of exchequer in England, and to condemn the same, if
it shall be lawful so to do, and to award such damages and costs as may now or hereafter
be given by any ordinance or law now in being, or hereafter to be for the regulation of
Digitized by VrjiJOV IC
FuMT Pahuaiobnt.]
C. 5. — ^THiRTT-nrrH Ybar of Oboboe III. — 1795.
G]
the commefoe of this country, any ordinance or law to the contrary hereof in any wise
notwithstanding.
IL [RepAded by 3d Geo. IV, c 1.]
III.—
Michaelmas term U
commence hencefnrtFi
in November.
The court of Icing's
henoh to be hoMeo fo»
IWo years at Newark.
Chapter V.
An ad far the public registering of deeds^ conveyances^ toifls, and other incumbrances
which shall be madcj or may affect any lands^ tenements^ or hereditamentSj within this
province. «
[Passed Angost 10, 1795.
Whsrsas the lands now holden within this province, under the authority of the crown,
will be shortly confirmed by grant from his Majesty under the seal of the said province ;
and whereas it seems to be aMesirable measure to establish a register in each county and
riding within the said province, that when the said lands shall be so confirmed, if any, or
any part of the same shall be transferred or alienated by any deed of sale, conveyance,
enfeofment, or exchange, or by gift, devise, or mortgage, a memorial of such transfer or
alienation shall be made for the better securing and more perfect knowledge of the same;
be it therefore enacted by the King^s most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti*
tuted amd assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the four-
teenth y^ar of his Majesty's reign, entitled, ^ An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province,' " and by the authority of the same.
That from and after the passing of this act, there shall be established in each and every
county and riding of this province, wherein it may be deemed for the present necessary,
and as often after as occasion may require within others, an office for the enregistcring of
memorials of all deeds and instruments by which lands within the . same shall or may be
transferred or disposed of, by bargain and sale, enfeofment, gift, devise, mortgage, or
exchange, and that it shall and may be lawful for the governor, lieutenant governor, or
person administering the government of this province for the time being, to name the
place where such register office shall be kept, and to nominate and appoint a person of
sufficient integrity and ability to each and every office that shall or may for the present be
established, and as often as occasion may require within the said province, under the con-
ditions hereinafter mentioned, who shaU faithfully cause to be enregistered a memorial of
all deeds and other instruments by which lands may be transferred or alienated, that shall
or may be presented to him in manner hereinailer mentioned ; and because the population
of the country may not for the present admit of a separate register to be appointed to
each and every office that may be for the present established, it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this
province for the time being, to nominate and appoint one sufficient person as aforesaid, to
nold and perform the duty or duties of one or more office or offices wheresoever they
may be established, and to order and appoint the place or places where such person shall
be constantly or occasionally resident.
II. And be it further enacted by the authority aforesaid, That firom and after the con-
firmation of all or any lands to any person or persons, by grant from the crown under the
seal of the province, a memorial of all deeds and conveyances which shall be made and
executed,, and of all wills and devises in writing made, or to be made and published when
the devisor or testator shall die, after making and publishing of the same, of or concern-
ing^ and whereby any lands, tenements, or hereditaments, in any county or riding of this
province may be any wise affected in law or equity, may, at the election of the party or
parties concerned, be registered in such manner as is hereinafter directed ; and that every
deed and conveyance that shall at any time after any memorial is so registered, be made
and executed of the lands, tenements, or hereditaments, or any part thereof, comprised
or contained in any such memorial, shall be adjudged fraudulent and void against any
subsequent purchaser or mortgagee for valuable consideration, unless such memorial be
~ ' ' ' by this act is directed, before the registering of the memorial of the deed
or conveyance under which such subsequent purchaser or mortgagee shall claim, and that
every devise by will of the lands, tenements, or hereditaments, or any part thereof men-
tioned or contained in any memorial registered as aforesaid, that shall be made aiid
published after the registering of such memorial, shall be adjudged fraudulent and void
against a subsequent purchaser or mortgagee for valuable consiaeration, unless a me-
morial of such will be registered in such manner as hereinafter directed.
8
■Digiti
Pjreamble.
Register offices to he
established.
Appointment of regis-
ter.
A register may perform
thednties ofmore than
one office.
A memorial of deeds,
eonve^-ances, and wills,
affecting any lant.
held by grant from the
crown under the seal of
the provUice, may be
registered.
Subsequent deeds and
conveyances of lands,
tenements, &e. com-
prized in such memo-
rial so registered, to be
held frandalent and
void.
Exception.
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C. 6. — ^Thirty-fifth Ysar of Gsoros III.— 1796.
[Fourth 8;
Notice to be given
when the office of re-
gister becone* ▼acaat,
to the governor, &c.
Term limited for filling
up such vncancj.
The memorials to be
put in writing and
orongbt to the office.
Oaths to be administer-
ed and witnesses re*
quisite in registering
CTCiy memorial.
Psrticialars to be insert-
ed in every memorial.
The deed, conveyance,
or win, shall beprodn-
ced to the register or
his deputy, who shall
endorse a circamstan-
tial certificate thereon.
Sach certifieate shall
be evidence of registry.
Books of entries to
be kept by the regis-
ters.
Registers to be sworn.
Oeih.
III. And be it further enaeted by the authority aforesaid, That when and as ellen mi
the said office shall become vacant by the death, forfeiture, or surrender, of any sneh
register or registers, the justices of the peace for the said county or counties, riding or
ridings, if more than one be held by one person, or the district wherein such counl^ or
counties, riding or ridings, may be assembled at the general quarter sessions of the peaee,
next after such vacancy shall happen, or the major part of them, shall in open court draw
up a memorial of such vacancy, and transmit the same without delay to the governor,
lieutenant governor, or person administering the government of this province for the time
being, praying that a person of sufficient integrity and ability may be appointed to the said
office or offices ; and the said governor, lieutenant governor, or person administering the
government of this province tor the time being, shall within one month after the said
• memorial shall be received, appoint a person of sufficient integrity and ability to the said
office or offices.
IV. And be it further enacted by the authority aforesaid, That all and every memorial
or memorials, so to be entered and registered, shall be put into writing, and brought* to the
said office, and in case of deeds and conveyances, shall be 'under the hand and seal of
some or one of the grantors, or some or one of the grantees, his or their heirs, executors
or administrators, guardians or trustees, attested by two witnesses, one whereof to be
one of the witnesses to the execution of such deed or conveyance, which witnei^ shaD
upon his oath before the said register or his deputy, prove the signing and sealing of such
memorial, and the execution of the deed or conveyance mentioned in such memorial ;
and in case of wills, the memorial shall be under the hand and seal of some or one of the
devisees, his or their heirs, executors or administrators, guardians or trustees, attested by
two witnesses, one whereof shall upon his oath before the said register or his deputy,
prove the signing and sealing of such memorial, which respective oaths the said register
or his deputy are hereby empowered to administer,' and sludl endorse a certificate thereof
on every such memorial, and sign the same.
V. And be it further enacted by the authority aforesaid. That every memorial of any
deed, conveyance, or will, shall contain the day of the month and the year when such
deed, conveyance, or will, bears date, said the names and additions of aU the parties to
such deed, conveyance, or will, or the devisor or testatrix of such will, and of all the
witnesses to such deed, will, or conveyance, and the places of their abode, and shall ex*
press or mention the lands, tenements, or hereditaments, contained in such deed, wiH, or
conveyance, and the names of all the townships or parishes within the said county or
counties, riding or ridings, where any such lands, tenements, or hereditaments, are lying
or being, that are given, granted, conveyed, devised, or any way affiected or charged by
any such deed, will, or conveyance, in such manner as the same are expressed or m^iH
tioned in such deed, will, or conveyance, or to the same effect ; and that every such deed,
conveyance, and will, or probate of the same, of which such memorial is to be registered
as aforesaid, shall be produced to the said register or his deputy, at the time of entering
such memorial, who shall endorse a certificate on every such deed, conveyance, and wiU,
or probate thereof, and therein mention the certain day, hour, and time, on which such
memorial is entered and registered, expressing also in what book, page, and number, the
same is entered, and that the said register or his deputy shall sign the said certifieate
when so endorsed, which certificates shall be taken and allowed as evidence of such
respective registries in all courts of record whatsoever ; and that every pace of sueh
register book, and every memorial that shall be entered therein, shall be numbered, and
the day of the month, And the year and hour of time of the day when every memorial is
registered, shall be entered in the margins of the said register books and of the said
memorial ; and that every such register shall keep an alphabetical calendar of adl town-
ships and parishes within the said county or counties, riding or ridings, with reference to
the number of every memorial that concerns the lands, tenements, or hereditaments, in
every such township or parish respectively, and of the names of the parties mentioned
in such memorial ; and the said register shall enter or register the said memorials in the
same order that they shall respectively come to his hand.
VI. And be it further enacted by the authority aforesaid, That every such register,
before he enter upon the execution of the sud office, shall be sworn before the justices
of the peace for the county or counties, riding or ridings, or district to which such register
shall be appointed, or district wherein such register shall reside, or any three or more of
them, (who are hereby empowered and required to administer such oath,) in these words:
" You shall truly and faithfully perform and execute the office and duty that is directed
and required by an act of the legislature of this province, in registering memorials of
deeds, conveyances, and wills, within the county or counties of so long as you shall
continue in the said office, and that you have not given, or promised directly or indirectly,
nor authorized any person to give any money, gratuity, or reward whatsoever, for pro-
curing or obtaining the said office for you. So help you Gon."
Digitized by v:jOOQIC
F^MKit Paimuaiwit.]
C. S.—THiBvr-mTR Ybab ov Gmiios III.— 1795.
68
lUeogBistnCQ to be
entered into by eaeh
icgUter.
The Mine to be trans-
mitted into the court
of king's beneh.
Limitation of aetions
upon tach recognisan-
Office hoars for the
despatch of business in
erery register office.
Searches.
Fees.
And IkttI when and as often as the said register shall appoint any deputy to execute the ^ *^ th^d^ ^^
aMd office, audi deputy shall, before he enter upon the execution thereof, take the said tegM«n. ^" ^
eath appointed to be taken by the register, before two or more justices of the peace for
sajd pimAy or counties, riding or ridings, or of the district wherein they may be, (who
a«e hereby empowered and required to administer such oath,) and that every register, at
the tinie of his being sworn into the said office, shall also enter into a recognizance, with
two er more sufficient sureties, to be approved of by five or more justices of the peace
of tlie aaid county or counties, riding or ridings, or of the said district, by writing, under
their hands and seals, to be registered at the next general quarter sessions, of the peace
fi^ the said county or counties, riding or ridings, or district, of the penalty of one thou-
sand pounds unto his Majesty, ^is heirs and successors, to be taken by the same justices
•f the peace that aj^oved of his security, conditioned for his true and faithful perform-
ance Of his duty in Uie execution of his said office in all things directed and required by
diis act ; the same to be transmitted by the same justices of the peace, within six m(mths
after the date thereof, into the court of hb Majesty's bench of the said province, there
to reiuain amongst the records of. the said court.
VII. Provided nevertheless, and be it further enacted, That when any register shall
die, or surrender his office, and that within the space of one year from and after such
death <»* surrender, no misbehaviour appear to have been committed by such register in
the execution of his said office, then, and in such case, at the end of the said one year
after his death or surrender, the recognizance so entered into by him shall become void
and of no effect to all intents and purposes whatever.
VIII. And be it further enacted by the authority aforesaid, That every such register,
or his sufficient deputy, shall give due attendance at his office every day in the year,
(except Sundays and the first week in June and the last week in December, as also the
week of the Holy Passion, yearly and every year,) between the hours of nine in the
forenoon and one in the afternoon, for the despatch of all business belonging to the said
oifiee, and that every such register or his deputy, as often as required, shall mwe searches
ecneeming all memorials that are registered as aforesaid, and give certificates concerning
the same under his band, if required by any person.
IX. And be it further enacted by the authority aforesaid. That every such register
shall be allowed (or the entry of every such memorial as is by this act directed, the sum
of two shillings and six pence, and no' more, in case the same doth not exceed one hun^
dred ^ovds; but if such memorial shall exceed one hundred words, then after the rate
and proportion of one shilling for every hundred words contained in such memorial, over
and ohove the first hundred words, and the like fees for the like number of words con-
tained in every such certificate or copy given out of the said office, and no more, and for
every search in the said office, one shilling and six pence, and no more.
X. And be it further enacted by the authority aforesaid. That if any such register or PeaakiesforiiegieeUng
Us deputy shall nedect to perform his or their duty in the execution of the said office, ^^^IhJ^'L/'^^ja
<■• » r «i. ^. •.i«i .. 1 ^. M* 1 practices or registers
accoixung to the rules and du*ections in this act mentioned, or commit or suffer to be com- or their depaUes.
mitted any undue or fraudulent practice in the execution of the said office, and be thereof
bwfuUy convicted, that then such register shall forfeit his said office, and pay treble
d^ages with |ull costs of suit to every person or persons that shall be injured thereby ;
to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's
courts of record, wherein no essoin, protection, privilege, or wager of law, shall be allowed,
nor any more than one imparlance.
XL Provided also, and be it further enacted by the authority aforesaid. That this act ivoriskm reiatiye to
shall not extend to any leases at a rack rent, or to any lease not exceeding twenty-one i^^^s.
years, where the actual possession and occupation goeth along with the lease, any thing
in this act contained to the contrary thereof in any wise notwithstanding.
XIL Provided always, and be it further enacted by the authority aforesaid^ That where ^^^^ writings, rda-
than are more writings than one for making and perfecting any conveyance or security ting to om^ ikctj may
«Ueh do name, mention, or any wise affect or concern the same lands, tenements, and ^g^!^[^^r^J^,
hereditaments, it shall be a sufficient memorial and register thereof, if all the said lands,
tenements, and hereditaments, and the parishes and townjups where the same lie, be
only once named or mentioned in the memorial, register, and certificate, of any one of
the deeda or writings, made for the perfecting of such conveyance or security ; and that
the dates of the rest of the said deeds or writings, relating to the said conveyance or
seeuribr^ witfi the iMones and additions of the parties and witnesses and the places of
their abodes, be only set down in the memorials, registers, and certificates, of the same,
with a reference to the deed or writing whereof the memorial is so registered that con-
ti^na or expresses the parcels mentioned in all the deeds, and directions how to find the
Mastering the same.
4^11. And be it further enacted by the authority aforesaid^ That a memorial of any a memorial maj be
suti deeds, conveyances, and wills, as shall be made and executed or published in any r«gtstered of deeds.
Digitized by VniJOQlC
64
C. 5. — ^Tmivnr-riWH Year or Obohoe HI. — 1796.
[Pomnm ScisiMr,
conveyaneM, and wittfl*
exeeuted oat of the
county wlAurein tbe
lands, tie. lit, on due
proof.
Pains and penalties nf
forgery and jicijury.
Provision for the re-
^iatry of memorials of
\viH«.
Provision in favor of
ilcvisecs.
No members of the as-
sembly to hold directly
or indirectly the office
of register.
This act to be held
and taken as a public
act.
other plaee within the said province, not being within the county or counties, riding or
Adings, wherein such lands, tenements, or hereditaments lie, shall be entered or regis-
tered by the aforesaid register or his deputy, in case an affidavit swom before one oC the
judged of the court of Ung's bench, or commissioner duly authorized to take affidavits,
be brought to the said register or his deputy, wherein one of the witnesses to the execu-
tion of such deeds, wills, and conveyances, dhall swear he or she saw the same executed,
the same shall be a sufficient authority to the said register or his deputy to give the party
that brings such deed, conveyance, or will and affidavit, a certificate of the registering the
same, which eertificate signed by the said register or his deputv shall be taken and aflowed
as evidence of the registry of the same in all courts of record in this province, any thing
in this act to the contrary thereof contained in any wise notwithstanding.
XIY. And be it further enacted by the authority aforesaid. That if any person or
persons shall at any time forge or counterfeit any such memorial or certificate as are
hereinbefore mentioned and directed, and be thereof lawfully convicted, such person or
persons shall incur and be liable to such pains and penalties as in and by an act of the
parliament of Great Britain, made in the fifth year of the reign of Queen Elizabeth,
entitled, ^^ An act against foi^rs of false deeds and writings," are imposed upon persons
for forging or publishing dee£, charters, or writings, sealed court rolk or wills, whereby
the freehold or inheritance of any person or persons of, in, or to, any lands, tenements,
or hereditaments, shall or may be molested, troubled, or charged ; and that if any person
or persons shall at any time forswear himself before the said register or his deputy, or
before any judge or commissioner duly authorized in any of the cases aforesaid, ai^ be
thereof lavi'iully convicted, such person or persons shall incur and be liable to the same
penalties as if the same had been made in any of the courts of record.
XV. Provided always, and it is hereby enacted. That all memorials of wilis.that shall
be registered in manner as aforesaid, within the space of six months after the death of
every respective devisor or testatrix, dying within this province, shall be as valid and
effectual against subsequent purchasers as if the same had been registered immediately
after the death of such respective devisor or testatrix, any thing herein contained to the
contrary in any wise notwithstanding : Provided always, that in case the devisee or per-
son or persons interested in the lands, tenements, or hereditaments, devised by any such
will as aforesaid, by reason of the contesting such will or other inevitable difficulty,
without his, her, or their wilful neglect or default, shall be disabled to exhibit a memorial
for the registry thereof within the respective times hereinbefore limited, then, and in
such case, the registry of the memorial within the space of six months next after his,
her, or their attainment of such will or a probate thereof, or removal of the impediment
whereby he, she, or they are disabled or hindered to exhibit such memorial, shall be a
sufficient registry within the meaning of this act, herein any thing contained to the con-
trary thereof in any wise notwithstanding.
XVI.— [Repealed by 39th Geo. Ill, c 4, s 1.]
XVII. And be it further enacted by the authority aforesaid. That this act shall be
taken and allowed in all courts within this province, as a public act ; and all ju<^es and
justices are hereby require<][ as such, to take notice thereof without special pleading the
same.
Forms.
Memorial of a bargain
and sale.
Of a mortgage.
Of an endorsemontf
SCHEDULE
or a Bargain a»d Sale Co b« onrollcd*
Alt indenture dated
made between I. A. of
of the one part, and D. P. of
of the other part, pw-
porting a deed of bargain and sale to be enrolled, of and concerning tbc' same premises mentioned In a lease lor a year,
bearinj^ date next before the day of tbe date of the said indenture of bai^gain and sale, [oif.as the date is,! ^Bd made between
the said I. A. of the one part, and the said D. P. of the other part ; a memorial whereof is registered at the same time heia-
with, [or as the time is,} which indenture, or bargain and sale, is witnessed by T. A. of and J. W. of and is
hereby required to be regteterod by me, the said 1. A., the grantor, in the said deed of bargain and sale meatiOQed; aa wita
my hand and seal this day of [Signed, &c.] I. A.
or a Mortgage tat Yean*
of the
Aif indenture of mortgage dated the made between W. D. of of the one part, and J. W. of
other part, whereby the said W. D.,for and in consideration of pounds demised unto the said J. W. all that
situate and being in and called or known by the name of now in the tenure to hold unto the said J. W.
for the terra of years ; subject nevertheless to a proviso that the same shall be void, on the payment of the snmef
pounds and lawful interest for the same, on the day of in the year ot our Lord one thousand seven
hundred and which said indenture of mortgage is witnessed by and is hereby required to be regiateied pur*
suant to the sai4 act of the legislature of this province, by mc, the saidf W. D., the grantor in the said deed; as witness, &c-
[Signed, &c!] W. D.
Of an Sniloracinent*
Air endorsement dated the day of made from J. £■ of and W. N. of on the backof a
mortgage deed dated the and made Dctwecn the said J. E., of the one part, and the said W. N., of the other pait, of
and concerning all that situate and being in now in the tenure or occupation of J. D., which said endorse-
ment is witnessed by J. E. of and R. W. of and is hereby required to be registered by mo, the said J. E., the
grantor; as witness, sc. [Signed, &e.] J- B.
Digitized by VniJOVJ IC
FiflOT PAmUAimrr.] C. 6. — TmrnTt^nwrB Ybj^b ov Gbdbgb IIL — 1796. 66
OCa WUk
A wiLX. dinted the made l>y J. F. of of and coneemins all thAtmeMiuge and tenement in kteia Of a will
the tenure and occupation of G. L. [or if the worU of the will be genenJ, then say] of and eoneenun^ all the liuida> tene-
■wnta, er heraditaments, which the said J. F. died pOMeaaed of, in the county oi which said will i« witneaaed
by J. G. of and F. W. of and E. T. of this memorial is therefore desired to be registered pursuant
to the abore said act, by me, E. L., one of thederiseea in the said will mentioned; as witness, &c.
[8igaed» &c] E. I*
A CSertfllcaie of Blovtgage Money l>els« ps4d*
I, J. W.of do hereby certify that W. D. of hath paid and satisfiedaB suchsumand sums of monejaa were qt ^ tmd^amkltm of a
due and owing upon a mortnge made by the sai4 W. D. to me, oearing date the day of and registered at m^Ji^Il^^^^^^
oftheelockintherorenoonoftoe day of following, in full discharge of the same; and I do heiuby ^"^
leooire an enixy of such payment and satisfaction to be made pursuant to the act of the legislature in that case made and pro-
▼iaed; as witness my hand this day of * [Signed] J. W.
Attested by W. M. of J. H. of
MBwouAiTDrsf , that upon the certificate of the within named J. W. dated the day of proved by the Of a certificate of sveh
oaths of W. M. of and J. II. of that all monies due on the within mentioned mortgage is fully paid and satisfied redemption.
in discharge of the same ; this entry in diaohairge thereof is made pursuant to the said act of the legislature this (See 87th Geo. Ill, o
day of by "" Jbomas Johsp. Bcigiater. 8; 89th, c 4| aad sAh,
e8.>
Digiti
zed by Google
Fifth Session of tlie first Proviacial Parliament*
VBT AT NEWARK, ON THE tlXmSVm DAT OF MAT, AND PEOROOtJED OK THE TmRD MIT
OF JUNE FOIXOWIira, <IN THE THIRTT*«IJITH TEAR OF THE JUI«H Off
GEORGE III.
ilOSH 6BATBB flIllCCaS, B8Q!TBt9> lilEUTBNAHT GOYEItNOR.
Anno DoBftlnl ITfMv
ISee49tli Geo. ULe
K aad nth Geo. IT,
e6.)
ne sold m
coins Iierain
Bhallbo
■flrer
iciAed
alegd
fi^peeifieatMW, Tahie.
■ad rotpectlre weights
offlsehgoldeoiiw.
OfnMliiilfW coiM.
MThoSpttith piotik-
lecAy FVench erown,
udthetanUer Fkeneh
ooiu, not m lenl tender.
SeellthOe^lY.ee.
AUovTMieefiirescceat or
deOoieaflf la thestia-
dtrd weiriit of pieeet
ofgoldpnidbydetaa.
C^oanlerfeitiBg or falsi-
fying snch euTent
coins shall be deemed
felony,
Pnnishment for ntter-
ing or tendeang lalse
Chapter I*
An 04^ for the better regulation of certain coins current in this province^
[This act nsraALXD, so wjlm, as affxctbd bt 7th Gxo. IT, Ch. 4]
Passed Jane a^ITWL
For the better regulation of certain coins current in this province, be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislatire coiineQ
and assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Mjyesty's reign, enti-
tled, ' An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provisi<m for the government of the said
province,' '' and by the authority of the same, That the gold and silver coins hereinaft^
mentioned, shall pass current and be deemed a legal tender in payment of all debts and
demands whatsoever in this province, at the wei^ts and rates following ;- that is to say^
of gold coins, the British ffuinea, weighing five pennvweights and six grains, Troy, atone
pound three shillings and tour pence ; the Johannes of Portugal, weighing eighteen penny-
weights, Troy, at lour pounds ; the moidore of Portugal, weighing six pennyweights and
eighteen grains, Troy, at one pound ten shillings ; [ Repealed by
49th Geo. Ill, c 8, s 1. ]
the American eagle piece, weighing eleven pennyweights and six grains, Troy, at two
pounds and ten willmgs ; and of suver coins, the British crown, at nve shillings and six
?ence ; the British shilling, at one shilling and one penny ; the Spanish milled d<dlar, at
ve sl]dllings, equal to four shillings and six pence, sterlmg mqney of Great Britain ; the
Spanish pistareen at one shilling ; the French crown, coined before the year one thousand
seven hundred and ninety-three, at five shillings and six pence ; the French piece of four
livres, ten sols, Tournois, at four shillings and two pence ; the French piece of thirty-six
sols, Tournois, at one shilling and eight pence ; the French {Hece of twenty-four scds,
Tournois, at one shilling and one penny ; [a] the American doUar, at five shillings ; and
all the lu^er and lower denominations of the said sold and silver coins shall also pass
cujTcnt, and be deemed a legal tender in payment of all debts and demands whatsoever
in this province, in the same pn^rtions respectively.
II. [Repealed by 49th Geo. Ill, c 8, s 3.]
III. And be it further enacted by the authority aforesaid. That any person or persons
who shall color, gild, or case over with gold or sflver, or with any wash or matenab {hto-
ducing the color of gold or silver, any coin of coarse gold, or of coarse silver, (ur of base
metal resembling any such foreign coin, so declared current, and any person or persons
who shall gild over any piece of silver resembling any such foreign coin, so declaied
current, and any person or persons who shdl bring or cause to be brought into this pro-
vince, any forced or counterfeit money, like to the foreign gold or silver coin so dedarod
current, knowing the same to be forged or counterfeit, or any coin of coarse gold, or of
coarse silver, or of base metal, colored, gilded, or cased over with gold or silver, or with
any wash or materials producing Oie i uUwiW ;njl(1 or silver, and resembling any such
foreign coin, or any piece of gilded silver, resembling any such l&reign coin, knowing tihe
same, every such person shall for every such offence be deemed guilty of felony, and
upon conviction thereof, in his Majesty's court of lus bench, shall suffer death, as in cases
of felony.
IV. And be it further enacted by the authority aforesaid. That if any person whosoever
shall after the passing of this act, utter, or tender in pajrment to any person^ or persons
Digitized by VniJOy It:
FhMV ^AlouMBiiT.] C. S.~Tannr-Bm« YmaHl got Gmmb III.— 1796.
<rr
iii7 false or counterfeit money, counterfeited to any of the gold or silver coins of Great
Britton, Fortngal, die Umted Slates of America, Spain, er France, as hereinbefore speci*
fied, er io any of the h^her or lower denominations Aereof, know&ig the same to be false
er counterfeit, and shafi be thereof convicted, such person so ofTemlfng shall suffer one
vear's imprisonment, and shall also be set in and upon the pillory for the space of one
aoiv, in some public and conspicuous place ; and if the same person shall afterwuds
ofiend a second time, in uttering or tendering in payment any such false or counterfeit
money as iA>resaid, knowing the same to be so, and shall be convicted of such second
0ffenoe, he or she shall be, and is hereby adjudged to be, guilty of felony without benefit
af cleigy.
*y« And be h further enacted by the authority aforesaid. That any person or persons
who shall after the passing of this act, import or bring, or cause to be imported or brought,
into this province^ any false or counterfeit brass or copper money, in order to sell or pass
away the Same, knowing the same to be Mse and counterfeit, every such person shall,
for erery such offence, besides forfeiting the same, suffer imprisonment at the discretion
of Ae justice or justices, judge or judges, of the court of his Majesty's bench, or oyer
and terminer, before whom such person or persons shall be tried and convicted : Provided
rfwaysj That such imprisonment shall not exceed twelve calendar months.
VI. And be it further enacted by the authority aforesaid, That all such false or coun-
ferfeif brass or copper money may be seized by any person having a warrant from a justice
of the peace for that purpose, and shall be broken or defaced in open court, after being
fbfmd to be fiibe or counterfeit, or in presence of a justice of the peace, and one moiety
shall then belong to his Majesty, his heirs and successors, to be applied to the public uses
of this povince, and the support of the civil government tiiereof, the due application of
which shaU be accounted for to his Mi^sty, his heirs and successors, through the commis-
sioners of his Majesty's treasury, for the time being, in such manner and form as his
liajesty shall direct ; and the other moiety thereof shall belong to the person who shall
hmw^ nem&t aoi prosecuted for the same.
Vli. And be it farther enacted by the authority aforesaid, Th$it no person shall be
obliged to receive at any one payment more than th^ sum of one shilling currency of this
ptovince, in copper money.
VIIL [Repealed by 49th Geo. Ill, c &, s 1.]
kaownsly.
AMMBdoaneelo te
IX. And be it farther enacted by the authority aforesaid, That any person or persons
to whom any gold, silver, or copper money shall be tendered in payment, any piece
whereof shall by the stamf , impression, color, or weij^t thereof, afford reason to suspect
ttat the s«ne, or any piece thereof, is false and counterfeit, such person or persons to^
whom the same is {M-esented, may cut, break, or deface every such piece, and if any piece
. so cut, broken, or defaced, shall be found to be fidse and counterfeit, the person tendering
such fkhe and counterfeit money shall bear the loss thereof; but if the same shall be found
te be gOflNl and lawful money, the person that cut, broke, or defaced tiie same, shall
leceive the same at the rate it was coined for.
X. And if any question shall arise whether any piece so cut, broken, or defaced, be
false or counterfeit, it shaU be determined by a justice of the peace, who, if he shall have
any dbubts touching the same, may summon three indifferent persons to give their opinion
(hereon, whose opinions, or the majority thereof, shall be finid.
XI. And be it further enacted by the authority aforesaid. That if any false or counter-
feit gold er silver coin shall be produced in any court of justice in this province, the judges
shall eaose the same to be cut in pieces in open, court, or in the presence of a justice of
the peace, and there be delivered te or for the person or persons to whom it belongs.
XII. Aad be it further enacted by the authority aforesaid, That from and after the
passing of this act, the act or ordinance made in the seventeenth year of his Majesty's
reigp, entitled, ^^ An ordinance for regulating the currency of the province," be, and ttie
is hereby repealed.
ittf^ laliS (NT OBUBCtfWft
toteHerpiMairirf'
Snek hnu ctto^pm
^ tobei
deimd, and <m» aioie-
tTthenoftoWlo^ to
lu« M^ty, and the
other to UMiafimBer.
Tender fai copper aio-
ney limited to le. flt
onepejmeBt.
After the llrrt of JmOi
1797, the gold eoiae,
inpeymeBta ei
XWihaU be
in hoik if either 4
peitlee reqain it.
jgu&a cvuw,
I ezeeediBC
be weifml
itheroTthe
Siupeeted yiecet^ of
money bunt be brcheBf
cut, or deneod.
9jwkBm Iheketari-
ting UMnby ehdl be
0eei«ion of qneetiooo
arising thercnpon.
Counterfeit goM or lil-
Tercoin2|inMliioed in a
eouit or jofUce, how
diipoeedot
Repeal of
Geo. IIl,forng*>
lating the oiiunojr*
Cbaptier II.
Anadio amend certain parts of an ocf , enHOed^ ^* An attfor the regutatUm ofjuriee^^^
and a certain other act^ entittedy ^^ An act to establieh a superior court of dvU and
criminal jurisdiction^ and to regukAe the court ofappeal.^^
[Passed Jane 8, HOT.]
Bk it enacted by the King's most excellent Majesty, by and with the advice and consent
of Oe fegblative council and assembly of the province of Upper Canada, constituted and
Preamble.
Digitized by
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68
A ptnnel of joron for
the trial of issues at the
Msises aliatt be tniu-
inkted,at stated peri-
ods, into the court of
khis's bench, by the
flheriffs of the Eastern,
Midland, and Western
districts respectivehr,
withoat any venire fa-
cias for that purpose.
The sheriff of the Home
district, to return in
like manner, on the first
day of erery term.
G. 8, 4.— Thiatt-mxth Yilie of GbsMas Ilk— 1796. (Fi
assembled by virtue of and under the authority of an aet passed in the parliamepi of Greal
Britain, entitled, ^ An act to repeal certain parts of m act passed in the fourteenth yeiir
of his Majesty's reign, entitled, ' An act for making more effectual provision for the go*
vernment of the province of Quebec, in North America, and to mase further mt>v]aioB
for the government of Uie said province,' '* and by the authority of the same. That from
and after tbe passizig of this aat, and before the first day of Trinity term now next ensmngi
and before the first day of the respective terms next jn'ecedii^ the time when the issuine
of the writs of assize and nisi prius are directed to be issued, according to the form and
effect of a certain act passed in the thirty-fourth ^ear of his Majesty's reign, entitled^
" An act to establish a superior court of civil and cnminal jurisdiction, and to regulate the
court of appeal," and in every year thereafter ensuing, the sheriflGs of the Eastern, |ffid-
land, and Western districts, and each respectively, shall cause a pannel of the names oi
the jui'ors, not less than thirty-six nor more than forty-eight persons, according to the rules
and regulations contained in the said act, entitled, '^ An act for the regulation of juries,"
to be transmitted into his Majesty's court of his bench, that shall be liaole to be summoned
for the trial of all causes at tlie then next ensuing assizes, without a venire facias for that
purpose.
II. And be it further enacted, That the sheriff of the Home district, on or before the
first day of every term, shall cause a pannel of the names of jurors, not less than thirty-
six nor more than forty-eight, according to the rules and regulations of the said act for the
regulation of juries, to be transmitted into his Majesty's court of his bench, of perspns
that shall be liable to be summoned for the trial of all causes at the sittings durug and
ensuing each term, without a venire facias for that purpose.
FmunUe.
Keeperi of inns, &o. to
he ' ^
(See 841h Geo. HI, o
i2,aad48d,o9.)
Penalty for selling
without lioenie.
ApfliettSon thereof.
C^et in which license
to keep an inn may he
granted in any general
qoarter sessions, to per>
sons duly qualified.
Cbapter III.
An act to amend an actj entitled^ ^' An act/or regulating the manner of liceneing pttbUc
houeesj and for the mare easy convicting of persona selling spirituous liquors urithout
license.^^
[passed Jnne 8, 1796.]
Bs it enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, '^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further iHx>vision
For the government of the said province,' " and by the authority of the same, That from
and after the passing of this act, if any person or persons shall keep an inn or public house
for the purpose of vending wine, brandy, rum, or other spirituous liquors ; unless he, she,
or they shall have previously obtained a license in manner and form prescribed by an act
passed in the thirty-fourth year of his Majesty's reign, entitled, ^^ An act for regulating
the manner of licensing public houses, and for the more easy convicting of persons selling
spirituous liquors without license," such person or. persons shall forfeit and pay the sum
of twenty pounds, to be levied upon his, her, or their eoods and chattels, upon being con-
victed on the oath of any one credible witness, of his, her, or their having offended
against the said act, in manner and form as is therein mentioned ; a moiety whereof shall
be given to the informer, and the other moiety paid into the hands of his Majesty's recei-
ver general, to and for the use of his Majesty, his heirs and successors, for the public use
of this province, and towards the support of the government thereof, to be accounted for
to his Majesty, through the commissioners of his treasury for the time being, in such
maimer and form as it shall please his Majesty to direct.
11. [Repealed by 59th Geo. Ill, c 2.]
Preamble.
Chapter IV.
An act to amend certain parts of an acty entitledy ^^ An act to fix the times and places of
holding the courts of general quarter seseions of the peace^ wUkin the several districts
of this province.^^
[Passed Jnne 8, 1796.]
Whsreas it is expedient to alter the place of holding the court of general quarter
sessions of the peace, in and for the Western district of this province; be.it there-
fore enacted by the King's most excellent Majesty, by and with the advice, and
Digitized by
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Warn FAMUAMmn.]
C. 5, 0, 7.— Thirtt-sixth Ybar or Gborob IU.--1796.
69
ooDflent of the legisbCiTe ooimea atid assembly of the provinee of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of bis Majesty's reign, entitled, ^ An act for making more effectual provision for the
g>vermttent of the province of Quebec, in North America, and to make uirther provisicm
r the government of the said province,' " and by the authority of the same, That so much
of a certain act passed in the thirty-third year of his Majesty's reign, entitled, ^^ An act
to fix the times and places of holding the courts of general quarter sessions of the peace
within the several districts of this province," which directs that the courts of quarter
sessions of the peace for the Western district of tliis province shall commence and be
holden in the town of Detroit, on such days and times as are therein mentioned ; and that
a special sessions of the peace shall commence and be holden yearly and in every year in
the town of Michilimackinac, at a certain time therein mentioned, be, and the same are
hereby repealed accordingly.
IL Ana be it further enacted. That from and after the passing of this act, the court of
general quarter sessipns of the peace for the Western district shall commence and be
holden in the parish of Assumption, in such place as may now be found most convenient
to the magistrates of the said district, or the major part of them, on the second Tuesday
in the month of July, on the second Tuesday in the month of October, on the second
Tuesday in the month of January, and on the second Tuesday in the month of April, until
such time as it shall seem expedient to the magistrates, or the major part of the magistrates
of the said district, to remove and hold the same nearer to the island, called the isle of
Bois Blanc, being near the entrance of the river Detroit ; and when it shall seem expe-
dient to the said magistrates, or the major part of them, to hold the said general quarter
sessions nearer to the said island, it shall and may be lawful for them to remove the same,
having given due notice of such intended removal, at least three months before the same
shall be removed as aforesaid, [a]
III. And whereas by a certain other act passed in the thirty-fourth year of his Majesty's
reign, entitled, ^^ An act to establish a court for the cognizance of small causes in each and
every district of this province," the district court in and for the Western district of tUs
province, is appointed to be holden in the town of Detroit, in^the said district ; but as it
seems not to be any longer expedient to hold the said court in the town of Detroit afore-
said, be it enacted, That from and after the passing of this act, the district court in and for
the said district shall be holden at and in the same place where the general quarter sessions
may be holden under and by virtue of the authority of this act.
IV. And be it further enacted by the authority aforesaid, That the courts of quarter
sessions for the Midland district and the Eastern district shall hereafter be held on the
fourth Tuesday in the month of January and the fourth Tuesday in the month of April,
instead of the second Tuesday in the month of January and the second Tuesday in the
month of ApriL
Hecitiil of «c( 83d.G«o.
III.
The nme in part re-
pealed.
Regulationa for the
times and places of
holding in future the
eonrtfl of quarter ocii-
•ions for the Western
district.
[a1 See 41st Geo. Ill,
o6, s2.
And of holding the dis*
trict eourt for the same.
Alterations in the terms
of holding the sessions
in the Eastern and Mid-
land districts.
(SeeSSdOeo. ni,c6;
»kli»e8;&41st, eS.)
Chapter V.
An act to repeal certain parte of an act passed in the thirty-third year of his Majesty^s
Teignj entitled^ ** An act to encourage the destroying of toolves and bears in different
pwts of this province.*^
[RSPEALf aO UVCB OF 83d OsO. Ill, CB. II, A0 BStATEl TO BSARi.]
Chapter VI.
An act to authorize the lieutenant governor to nominate and appoint certain commission'
ers/or the purposes hereinmentioned.
|[ExFXUBi> Au«uiT 1, ITSa]
Chapter VII.
An act to a:mend an actj entitled^ ^^ An act to authorize and direct the laying and collecting
of assessments and rates in every district within this province^ and to provide for the
payment of wages to the members of the house of assembly J*^
[Tbmfokabt.]
Aothoriwa an c&tire rate, or any aliquot part thcireof, to be laid and raised in eyery district wberaof the magiatnites in
knu dudl dtem Bceesctry ibr immediate exigenciee. ,
^kcv Mi< geBO*! aessloiu i
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Flnt Session of the seeond ProTlnelM ParUanieiiitt
MET AT rORK, ON THE FIRST DAT OP JUNE, AND PROROGUED ON TllE THIRD DAY 'W JVtJt
FOLLOWING, IN THE THIRTY-SEVENTH YEAR OF THE REIGN OP
GEORGE III.
THB HONORABLE PETER RUSSELL, ESQUIRE, PRESIDENT.
1707*
Chapter !•
An act for the better securing the province against the King^s enemies.
[Expi&XD MAacH 9, 1804.]
Chapter II*
An act to enable ike inhabUainis of the township of York to assenMefor thepwrpase of
choosing and nominating parish and town officers.
[TSMPOIIABT.]
Chapter III.
An act/a( securing the tiOes to lands in this province,
[EXPIBXO.]
Preamble.
Persoofl entitled to
dower, by deed, jointly
or alone, may release
their rig^t, and raeh
release to be ao effec-
tual bar,
Chapter IV.
An act for regulating the practice of the court of hinges bHich.
[RxpjEALJED nr 2d Geo. IV, Cu. L]
Chapter V.
An act for the farther regulation of the militia of this province.
[RxpSALED BV 4Stb Geo. Ill, Ch. 1.]
Chapter VI.
An act to extend the jurisdiction and regulate the proceedings qf the district court and
court of requests.
[RsPBALXD BY 2d Geo. IV, Cb. 2.]
Chapter VII.
An act for the more easy barring of dower.
[Passed July 8,1797.]
For the more easy hairing of dower, be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
01 Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more c^BTectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same, Thtit it shall and may be lawful to and for any person ientitled to
dower, by any deed executed either alone or jointly with other persons, to release all her
right and title to dower in the lands, tenements, or hereditaments therein mentioned and
described; and such release shall be as valid and effectual to bar the i^rson.eXi^Utii)gthe
BMMAMBinr.]
C. 8, 0.— TBiRTTHiBTnrTH YmAM P9 Gbosqb Ui — ^1797.
71
, ^Cdower in auck laada, tenements, and hereditaments, and every jwt thereof, as
if a fine had been levied thereof, any law or usage to the contrary notwithstanding.
U. Provided nevertheless, That no such release so executed as aforesaid, sludl have
any foice or effect to bar the pei:son so entitled to dower, and executing the same, unless
Biich person shall come before his Majesty's chief justice of this province, or one of the
justices of the court of king's bench, or shall appear at some general quarter sessions of
the peace for the district, county, or place, in which she shall reside, and shall have been
examined by such chief justice, or justice, or by the chairman or presiding magistrate of
such quarter sessions, [a] when not less than three magistrates, besides lumseu, shall be
present, touching her consent to be barred of dower in the premises in the said deed or
writing; mentioned $ and in case she shall give her consent thereto, and it shall appear to
tbe said diief justice, or justice, or to the said court, that such consent is free and volim-
tary, and not the effect of any coercion on the part of her husband, or any other person,
a akaU and may be lawful to and for the said chief justice, or justice, or to the said
chairman, or other presiding magistrate, and they are, and each of them respectively is,
hereby required to certify the same by indorsement on the said deed, which certificate^
in the case of the said court of quarter sessions, may be in the following form :
*^ At a general quarter sessions for the district of held at
in the county of on the day of personally appeared
the within named A. B., and being openly examined in the presence of L. M., C. D., E.
F., and G. H., [at least four] esquires, his Majesty's justices of the peace in and for the
said district, touching her consent thereto, and did appear to this coiu't to give the same
freely and voluntarily, without any coercion on the part of her husband, or any other
person. S. M., Chairman.*'
And the clerk of the peace shall be entitled to receive the sum of five shillings, and no
more, for the said certificate.
Ill: [Repeated by 48th Geo. Ill, c 7.]
provided nieh
eoBM before, &c.
eontent thereto, which
■haU he certified.
[a] Or judge of district
court, or chairmiui of
quarter aeflsions. See
S()thGeo.III,cIO.
(Oat of eesaioiM dower
may be beired by pei^
•ons residing in Great
Britain or any of the
colonies, before the
mayor or chief magis-
trate. See 48th ^o.
III,c7.)
Fotm of certificate.
aerk*s fees.
Certificate to be eiin»-
psteced.
Chapter VIII,
An act to supply the want of enrolment of deeds qf bargain and sale.
[Pasaed July 9i 1797.]
Whsakas in certain cases lands have been intended to have been conveyed by deed of
bargain and sale ; and %vhereas such deeds of bargain and sale not having been enrolled
in a court o£ record are not valid in law ; in order therefore to prevent the injury that
might hei^ce arise to his Majesty^s subjects in this province, and for the better regulating
the cpnveyance of land in future ; be it enacted by the King's most excellent Majesty^
by and with the advice and consent of the legislative council and assembly of the province
oi Uj^r Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, '^ An act to repeal certain parts of
an act passed in the fourteenth vettr of his Majestv's reign, entitled, ^ An act for making
more efiectual prpvision for the government of the province of Quebec, in North
America, and to make further provision for the goyentment of the 8ai4 province,' " and by
the aqthority of the same, That wherever any lauds have been sold, or shall hereafter be
sold under deed of bargain and sale, and such deed of bargain and sale hath been, or shall
hereafter be duly enregistered in the register pfEice of the county in whiah such lands are
situate, agreeably to the provisions of an act passed in the thirty-fifth year of his Majes-
ty's reign, entitled, ^^ An act for the public registering of deeds, conveyances, wills, and
other incumbrances, which shall be made, or may affect any lands, tenements, or heredita-
ments within this province," the same shall be, and is hereby declared to be, a good and
valid conveyance m law.
Preamble.
Deeds of sale to lands
•(^d or to be sold, that
bare been or bereafter
sball be earegi«tered,
agreeably to toe act of
SKbGeolm, declared
▼alid.
(See 86th Geo. m,c 6.)
Chapter IX.
An ad to enlarge the time between the issuing and the opening pf camfnissians of assize
4md nM priusj in and for the Home di^rict^ and for altering the tims of holding the
wittmgsfor the said district.
[Passed July 8, 1797.]
Whiwbas by the nineteenth clause of a certain act passed in the thirty-fourth year of ^see I
bis M^eaty's reign, entitled, " An act to establish a superior coiu't of civil and criminal ^»»w.
juriddiction, .and to regulate the court of appeal,^' all suits and actions that arise, and are
triable within the Home district, are directed to be tried within term time, or within ten
days next after Uie end of every Easter and Trinity term, respectively ; and whereas it
is expediient to enlarge the times of issuing and opening the respective commissions for
Digitized by
8Mi Of.
)
111,0
Google
72
(See 84th Geo.
:!, &ff7th,c8.)
in,c
C. 10, 11, — ^TmiiTYrBfivcNTH Yeab OP Gsonos III. — 1797.
[FraM
the hearing and trying of Buch sutls and actions, and to alter the time of holdfcig the
sittings for the said district ; be it therefore enacted bj the King's most excellent Majest j,
by and with the advice and consent of the legislative council and assembly of the provinoe
of Upper Canada, constituted and assembled by virtue of and under the authorky of an
act passed in the parliament of Great Britain, entitled, ** An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, * An act ftur makiiig
more effectual provision for. the government of the province of Quebec, in North Ame-
rica, and to make further provision for the government of the said province,' '^ and by the
authority of the same, That all' commissions of assize and nisi pnus shall be issued after
the terms of Hilary and Trinity respectively, and shall be tested on the last day of eadi
of those terms, and the chief justice, or any other judge of the said court, in his absence,
shall, as judge of assize and nisi prius, issue his precept to the sheriff of the said district
for the summoning of jurors for the trying of all such issues as may be joined in the said
court, and aiise and be triable in the said district, as by law he is authorized to do, so that
the same may be in no instance holden sooner than eight days firom the end of Hilaiy and
Trinity terms respectively.
PraairiUe.
Quarter seisions to or-
dain rules and regala*
tiousy
and to I
I the rates.
Table of rei^lations
and fees to be posted
up at the ferry.
Penalty for a ferryman
conTicted of a breach.
Penalty how to be re-
covered and disposed
of. -
(See34thGeo. III,c6,
as to the disposal of
fines.)
Chapter X«
An act for the regulation of ferries.
£PaMedJiily8»17S7.]
Whersab it is necessary for the convenience of his Majesty's subjects, that ferries
should be put under proper regulations within this province ; be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, *^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's rrign, en-
titled, ^ An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same, That from and after the passing ot this act,
it shall and may be lawful for his Majesty's justices of the peace, in and for the several
districts of this province, in their general quarter sessions assembled, and they are hereby
authorized and empowered, from time to time, to make and ordain such rules and regula-
tions as to them, or to the greater part of them, may appear necessary and proper to be
observed and followed at such ferry or ferries, by the person or persons attending the
same, or having the charge thereof; and also to establish and assess such rates and fees,
as the person or persons attending such ferry or ferries, shall and may demand and receive
for the passage of persons, cattle, carriages, or wares thereat ; a list or table of which
rules and regulations, rates and fees, shall be set up in some conspicuous place at every
such ferry or ferries, for public inspection ; and any person attending, or having charge of
a ferry, who shall be convicted before any one justice of the peace, of demanding or
receiving any higher or greater rate or fee than such as shall be so established, assessed,
and allowed, or of any breach of any such rules and regulations so made and ordained as
aforesaid, shall for every such offence forfeit and pay the sum of twenty shillings, to be
recovered before any one justice of the peace, and levied by distress and sale of the
offender's goods and chattels ; one half of which penalty shall be paid to the informer or
informers, and the other half to the treasurer of the district wherein the same may arise,
to be applied to the public use of the district.
Addre«S'
Chapter XI.
An act to increase the revenue^ and to compel the accounting more regularly for the
same to the treasurer of the province.
[Passed July 8, 1797.]
Most gractous Sovereign :
Whereas the provisions contained in a certain act of the parliament of this provisce,
passed in the thirty-third year of your Majesty's reign, entitled, ^^ An act to establish a
further fund for the payment of the salaries of the officers of the legislative council and
house of assembly, and for defraying the contingent expenses thereof;" in so far as the
same did extend to persons retailing spirituous liquors or wines, in less quantities than
three gallons, but not keeping a house of public entertainment, are expired : We, your
Majesty's most dutiful and loyal subjects, the rei)resentative8 of the people of the pro-
vince of Upper Canada, in parliament assembled, do most humbly beseech your Majesty
that it may be enacted, and be it enacted by the King's most excellent Majesty, by and
Digitized by VnOOVlt:
Saooifp PABX.uMsirr.]
C. 19. — ^TmRTy-sKTSNTK Ybar of GfloBOfi III. — 1T9T.
73
wUh the adyioe and consent of the legblative counc0 and assemUy of tibe province of
U{q)er Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for makine
more effectual provision for the government of the province of Quebec, in North
America, and to make further provision for the government of the said province,'" and
by the authority of the same. That from and after the fifth day of August in this present
year, and from and after the fifth day of April in every year ensuing, every shop-keeper,
or other person whatsoever, who shall sell or vend any wine, brandy, rum, or other
spmtxums liquor, in less quantity at any one time than three gallons,, shall be possessed
of a license for diat purpose, whether be or she does keep a house of public entertain-
ment, or does not ; which license it shall and may be lawful for the governor, lieutenant
goyenor, or person administering the government, by or through the secretary of the
province, or other person or persons whpm he shall authorize to issue the same, to grant
upon payment of the like rates, duties, and fees, as by law are now paid by any person
licensed to keep a house of public entertainment, for his or her license so to do; such
rates and duties to be collected, paid, and applied, in like manner and form, and to the
same uses as by the herein recited act of the parliament of this province is directed ; and
if any person shall at any time after the time or times respectively herein specified and
limited, sell or vend any wine, rum, brandy, or other spirituous liquor, in less quantity
than three gallons, not being possessed as aforesaid of a license for that purpose, and
shall be thereof convicted in manner and form set forth by a certain act of the parliament
of this province, entitled, ^'An act for regulating the manner of licensing public houses,
and for the more easy convicting of persons selling spirituous liquors without license,"
he or she shall forfeit and pay the sum of twenty pounds ; a moiety whereof shall be
paid to the infcnrmer, and the other moiety shall be paid into the hands of his Msyesty's
reeeirer general, to and for the use of his Majesty, his heirs and successors, and towards
the stqiport of the government of this province, to be accounted for to his Majesty,
through the commissioners of his Majesty's treasury, for the time being, in such manner
and form as it shall please his Majesty to direct.
II. And whereas unnecessary delay in accounting to the provincial treasurer for the
revenue, may be detrimental to the same, be it therefore enacted by the authority afore-
said. That the secretary of the province, [a] shall use efficient means of compelling all
persons^ employed by or under him, as his agents or deputies, in receiving and collecting
the duties imposed by virtue of this act, or by virtue of any other act or acts of the par-
liament of this province, to transmit to him from time to tim^ without delay, all such
monies as they shall so receive and collect; and that the said secretary of the province
shall pay into the hands of the said provincial treasurer all monies which he shall from
time to time so receive or otherwise collect, as duties imposed by this act, or by any
other act or acts of the parliament of this province, within one calendar month after he
shall have received or collected the same, any act, law, or usage, to the contrary notwith-
stamUng.
After, ae., ai
ally, no penon to icll
leaa than threa g^Uoof
without lieanae.
(Innkeepers ma j tell bv
retail, to be eonsamea
out of the house. See
2d Geo. IV» c a)
CJoremor (o gmt li-
cense.
Bates and dntiea, how
collected^ &c.
Penalty for setliDg
without liccDse.
99 (34th Gto^Uh 0 12.)
Penalty how to b« ap-
plied.
[ai See 48d Geo. Ill,
Secretary to eon^
agents to account with-
out delay.
Seeretaiy to account
to the treaaurer within
one month.
(See 84UiC»eo. III,o
Chapter XII«
Anactto authorize the lieutenant governor to nominate and appoint certain commia-
Burners for the purposes therein mentioned. '*-
[Passed July 8, 1797.]
Wberkas from (he local situation of this province, it appears to be altogether imprac-
ticable to carry into effect that part of the provincial agreement entered into at Montreal,
the twenty-eighth day of January last, between the commissioners in behalf of this pro-
vince and the commissioners of the province of Lower Canada, which relates to the
imposmcof duties on articles coming into this province from the United States of America,
and to the taking of measures for enforcing the collection of such duties ; and from this
ciroumstance the agreement so entered into as aforesaid may become void and of no
effect ; and whereas it is expedient that airangements should take place between this
province and the province of Lower Canada, respecting the imposing of duties, and
aliowmg of drawbacks on goods passing from one province into the other, and of and
concemmg any regulations, provisions, matters, and things, which might regard the com-
merce, manufactures, or produce, of the said province ; be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled b}^
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, * An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
Digitized by
Preamble.
Google
"H
C. IB.-r^TmvrX'Wmrm Vnuik w Oavmom I|I.— 1797.
[FiMT fiiiiMMr,
Goremor to moiaA
Their agreeiqrat inra-
lid until confirmed by
the legidatnre.
(56th CSeo. Ill, eia)
oi the provkiOB of Quebec, ia Noiih Amerua, and t» make fivthnr provpiou f^ 4lie
government of the aaid pvovincey' " aii4 by the authority of the same, That it shall and
may be lawful for the governor, lieutenant governor, or person administering his M^^tj'^i
S^vernment in this province, from tame to ti^ie by letters patent, under the great seal of
e province, to commission, authorize, and empower, tm-ee able and discreet peisona,
two of whom shall be a quorum, to treat, consult, and agree, with the persons to be dufy
authorized for that purpose by a power to be granted by an act of the legislature o£ his
Majesty's province of Lower Canada, of and concerning the establishing such regulations
as may regard the collection of duties, or payment of drawbacks, to be imposed or a^wed
pn goods passing from one province into tte other, by the legislature of each province
respectively ; and of apd concerning tmy proportions to be received and paid of any eqiial
duties already imposed, or hereafter to be imposed, by the said legislatures respectively,
on any article or commodity passing from one province into the other ; and of and con-
eeming any regulations, provisions, matters, and things, which may regard the commerce,
manufactures, or produce, of the said province.
II. Provided always, and be it enacted and declared, That no i^gulation, provjsioa,
matter, or thing, so proposed, treated, consulted, or agreed, shall have any othei* forte or
effect, or be carried any further into execution, until the same shall have been confinned
by the legislature of this province.
(Amended by 2d Geo.
IV, c 6.)
Pfeamblo.
Preient ppnetitioners
iaeorponted into a
hw society.
The loeiety to form
rales.
Plaee uid time for the
first meeting for adopt-
ing rules.
Present piaetitioners
may take one pupil.
[a] See -nth Geo. Ill,
None hot members of
the society to practise,
except, Ite.
Chapter XIII*
An act for the better regulating the practice of the law.
[Passed July 8, 1797,1
Bb it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, contti*
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, ^'An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual
provision for the government of the province of Quebec, *in North America, and to
make further provision for the government of the said province,' ". and by the authority
of the same, That from and after the passing of this act, it shall and may be lawful for
the persons now admitted to practise in the law, and practising at the bar of way of his
Majesty's courts of this province, to form themselves into a society, to be called the I^aw
Society of Upper Canada, as well for the establishing of order amongst themselves, $^ Icr
the purpose of securing to the province and the profession a learned and honorable bpdy,
to assist their fellow subjects as occasion may require, and to support and maintain the
constitution of the said jK'ovince.
II. And be it further enacted by the authority aforesaid, That the said society shall,
and is hereby authorized, to form a body of rules and regulations for its own governm^jott,
under the inspection of the judges of the province for the time being, as visitors of the
said society, and to appoint the six senior members, or more, of the present practitioners,
and the six senior members, or more, for the time being, in all times to come, (whereof
his Majesty's attorney general' and solicitor general, for the time being, shall be, and be
considered to be two,) as governors or benchers of the said society, and also to appoint
a librarian and a treasurer.
III. And be it further enacted, That it shall and may be lawful for the said practitioners,
or as many as can be called together, (whereof his Majesty's attorney general and solicitor
general shall be two,) to assemble at the town of Newark, in the county of Lincoln,
on the seventeenth day of July next ensuing the passing of this act, for the purpose of
framing and adopting such rules and regulations as may be necessary for the immediate
establishment of the said society and its future welfare ; and such rules and regulations
as shall then and there be adopted, shall be openly read and entered in a book, to be for
that purpose provided, and having received the approbation of the said judges as visitors
as aforesaid, shall be, and be considered to be the constitution of the said isociety, and
binding upon all its members : Provided always, That it shall and may be lawful in time
to come, to add such other rules and regulations, with the approbation of the judges as
aforesaid, as may then and there be necessary.
IV. And be it further enacted, That it shall and may be lawful to and for every per-
son now practising at the bar of any of his Majesty's courts, to take one [a] pupil or
clerk, for the purpose of instructing him in the knowledge of the laws, any law or ordi-
nance to the contrary notwithstanding.
V. And be it further enacted, That no person other than the present practitioners, and
those hereafter mentioned, shall be permitted to practise at the bar of any of his Majesty's
Digitized by VrjiJOQlt:
RflOUUkBCBirT.]
G* t4j^Tmtmt^mm'm Yba& of GbaoRGB 111.-^1797.
W
coorts in this province, unless such person shall have been previouslj entered of and
admitted into the said society as a student of the laws, and 'shall have fateen standing in
the hooka of the said soeiety for anddurii^ the space of five years, and shiA have coi>»
formed himBelf to the rules and regulations of the said society, and shall have been duly
ealledt and admitted to the practice of the law as a barrister, according to the constitutions
and establishment thereof: Provided always, That it shall and may be lawful for any
person having been duly admitted to practise at the bar of any of his Majesty's coxvcis in
England, Scotland, or Ireland, or of any of his Majesty's provinces in North America,
on produciiift sufficient evidence thereof, and also on producing testimonials of good
character and conduct to the satisfaction of the judges of the king's bench, to be admitted
io practice in this province, so as such person shall within one month from such admis*
sion, enter himself of the said society, and conform to all the rules and regulations thereof:
Provided also, That nothing hereinbefore contained shall affect, or be construed to afiect,
aoy person who shall, or may have been articled as a clerk, before the passing of this act,
with any person pactisiug at the bar in any of the courts of this province, authorized to
take a clerk, or clerks, and duly acting as a clerk accordingly ; but the time which such
person shall have spent as such clerk shall be considered and taken to be, pro teufUOy as a
standine in the books of the said society, and as a reasonable and lawful deduction of so
much of the said term of five years, so that such person shall likewise conform to the
rules and regulations of the said society, in all matters and things thereunto appertaining.
yi. [Reined by 2d Geo. IV, c 5.]
VII. Provided nevertheless, and be it fu^her enacted. That no rperson shall be admitted
to practice in this province, who shall nor at the time of such admission have attained
the full age of twenty-one years.
VIII. And be it further enacted by the authority aforesaid, That a certain ordinance
of the province of Quebec, passed in the twenty-fifth year of his Majesty's reign, entitled,
^^ An ordinance concerning advocates, attomies, solicitors, and notaries, and for the more
easy collection of his Majesty's revenues," as far as it may relate to banisters, advocates,
atlomaes, or solicitors, be, and the same is, hereby repealed.
(SmMOm«1V,o5.>
ProviaioB in faTor of
clerics utielAd before
Uie paaaing of tUi eet.
Fnither proTkion.
No penon Intt of IVtU
a^ admitted to prae-
tice.
Ordinanee of
repealed.
Ohapter XlVe
Hfioef-fd o5t^i(tfs the objectums that might arUe from a detical error in some of his
Majeettfa tetters patent qf grant lately issued.
[Paned Jnly 3, 17^7.]
WwaoBAB it appears that a clerical error hath crept into a few of the deeds given by
our sovereign lord the King to some of his subjects, by the insertion of the word " clergy-
man" instead of the word "clergy" in that part of the letters patent that reserves a pro-
portion of one seventh of the crown lands, for the lands in each of the deeds granted, which
error might lead to consequences that it is necessary to obviate ; be it therefore enacted by
the Kill's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain, entitled,
^ An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ' An act for making more effectual provision for the government of the pro-
vince of Quebec, in North America, and to make further provision for the government of
the said province,' " and by the authority of the same, That wherever the word " clergy-
man^* shall or may occur in any one of his Majesty's letters patent, the same shall be
read, t^en, and understood to be, mean and signify, " clergy," and shall have to all
intents and purposes the same force and effect, tendency, and operation, towards establish-
ing, securing, and confirming, the rights of the protestant clergy of this province, in such
a quantity of the lands of the crown as shall and may amount to, and be in the proportion
of one to seven of the lands in any such deed granted, according to the form and effect
of an act passed in the parliament of Great Britain, in the thirty-first year of his Majesty*s
reign, entitled, " An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's reign, entitled, ' An act for making more effectual provision for the govern-
ment of the province of Quebec, in North America, and to make further provision for the
government of ihe said province,' " and that every such deed shall be to all intents and
purposes as valid and effectual, in securing to^the subject the lands thereby granted, and
to his Majesty all the rights, conditions, reservations, limitations, and restrictions, and
to the said clergy the rights aforesaid, as if no such clerical erfor had crept into it, but as
if such deed had been perfected in the word " clergy," where the rights of the church
are intended to be secured, instead of the word " clergyman,*' wherever it occurs ; any
act, ordinance, or law, to the contrary in any wise notwithstanding.
Preamble.
The word clergy Bhall
be intended to be meant
by the word clergyman
in certain deedi of
grant
Sneb deeds to be Talld
in securing the ririila
of the crown, ofthe
jeet re«pectively.
Digitized by
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re
C. 15, 16, 17. — ^THiBTT-osYsini'H Year or Oboros III. — 1797.
[FoatSbiitioiii
PNftmble.
Waira&tt iiraiiig with-
in hia Mig«ft^« other
nment* u
coyeinmento In North
America aninit feloiu
•tcapmg therelrom,
nay De executed with-
in Uiis proTinee, being
fiecnrMy being preyl-
ondygnren to, indem-
nify the prarince n-
Munit any ezpeuM, lad
to bring the offender 00
•pprahABded to triaL
Chapter XV.
An act to authorize the apprehending o/fehna^ and atherSj escaping from any qf kie
Majesty^ 8 provinces and governments in North America into this province.
[FkMod Jnly8,17VT.]
Whereas it may happen that felons and other malefactors, havmg commitled crimes in
some of his Majesty's provinces and governments in North America, may escape into thu
province, and their offences thereby remain unpunished, for want of provision by law for
apprehending such offenders in this province, and transmitting them into the province in
which their offences were committed ; for remedy thereof, be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative oomicil
and assembly of the province of Upper Canada, constituted and assembled by virtue ot and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
^ An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That from and after the passing of this act, if any
person or persons, against whom a warrant shall be issued by the chief justice of the
king's bench, or any other magistrate having competent authority in any of his Majesty's
provinces or governments in North America, respectively, for any felony or other <»-ime
of a high nature, shall escape, come into, reside, or be, in any part of this province,
it shalTand may be lawful for any justice of the peace of the district, county, city, or
Elace, where such person or persons shall escape, come into, reside, or be, to indorse
is name on the said warrant, (due proof being first made of the hand writing of Ae
magistrate issuing the same,) which warrant so endorsed shall be a sufficient authority to
all persons to whom such warrant was originally directed, and also to all constables of the
district, county, city, or place, where such warrant shaU be so indorsed, to execute the
same, by apprehending the person or persons against whom such warrant is granted, and
to convey lum, her, or them, into the province from which such warrant originally wad
issued, to be dealt with according to law.
II. Provided nevertheless, and be it further enacted by the authority aforesaid, That
before any such warrant shall be so indorsed as aforesaid, the person appljring for such
indorsement shall enter into a recognizance with sufficient sureties for a sum not less than
fifty pounds, lawful money of this province, to indemnif)r this province, and everv pait
thereof, against any expense that may arise or accrue from the apprehension of such
offender, and also to bring, or cause the said offender to be brought to trial ; and the ma-
gistrate to whom such application shall be made is hereby authoriased to take such
recognizance.
Chapter XVI.
An act for making temporary provision for the regulation of trade between this pro-
vince and the United States of America^ by land or by inland natation.
[EzpiBED Junk 1, 1799.]
JAb to the township of
lillier, aee 4th Geo.
IV, e SB.)
The soathemmott
•hip.
Cbapter XVII.
An cLctfor the better division of the county qf Prince Edward into townships.
[PtetedJolyAlTST.]
Whereas the inhabitants of the townships of Marysburg and Sophiasburg, in the
county of Prince Edward, experience many difficulties from the uncommon length of the
said townships ; be it enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative councu and assembly of the province of Upper Cana-
da, constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
!)rovision for the government of the province of Quebec, in North America, and to make
iirther provision for the government of the ^aid province,' " and by the auttiority of the
same, That a township shall be struck off from the southernmost parts of the townships
of Marysburg and Sophiasburg, in form following : To commence in Marysburg in the
limit between the lots numbers eleven and twelve, south side of the bay of Qmnty, to
the eastward of a small bay which leads to the Carrying-Place, to the East lake ; then
along the said limit south ten degrees west, the depth of three concessions, more or less,
until it intersects the limit bctweon lots numbers twelve and thirteen in the second con-
Digitized byVrjiJOy It:
amocam Parliabient.]
C. 17.T— Thirty-seventh Year of George III. — HSt.
77
cession, north of Black river; and then along the limit between the said lots numbers
twelve and thirteen, south thirty-two degrees east, to the rear of the first concession
from Black river; then south fifty-eight degrees west along the line between the first and
second concessions, passing lot number thirty-two, to a small creek which empties itself
into the East lake ; then south thirty-two degrees east to lake Ontario ; then westerly
idong the shore of the said l^e to the mouth of the West lake ; thence by the nearest
line to the limit between lot number one in Ameliasburg, and lot number one in Sophias-
burg ; then north twenty degrees west, the depth of two concessions ; then north seventy
degrees east to the northeast angle of lot number sixteen in the second concession,
nearly; then north fifty-eight and one half degrees east to the northeast angle of a lot,
numbered thirty-nine, in the third concession ; then south thirty-one and one half degrees
east to the rear of the second concession ; then a ^mall distance by the most direct line to
the northernmost angle of lot number ten in the second concession ; then along the limit
between the lots numbers ten and eleven south sixty-one degrees east to the small bay
first mentioned ; then following the shores of the said bay and the bay of Quinty, accord-
ing to its different windings and coiu-ses, to the place of beginning, which township shall
be under the same regulations and entitled to the same privileges as any other township
in this province.
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the lieutenant governor, or person administering the government of this province, on
or before the first day of August next, by a proclamation, to declare the name of such
township.
III. Provided always, and it is hereby further enacted, That such alteration of the said
townships shall not impeach, or be construed to impeach, the legality of any existing com-
ndssioir granted for thS exercise of any authority or jurisdiction within the said town-
sliipSy or any of them, or to make void or otherwise affect any grant of land or other legal
proceeding within the limits of the said townships, any law or usage to the contrary
notwitlistanding.
10
Boundary liaei thereof.
RegnUitloiui and priTi-
legea.
BjT wbom'tbe name of
anch towniship shall be
declared.
Such altention in no
wiie to affect any esust-
ing commiflBion, legal
proeeedingf orgprantof
Digitized by
Google
Second Session of the second Provincial Parliament*
MET AT YORK, ON THE FIFTH DAlT OP JUNE^ AND PROROGUED ON THE FIFTn
J>AY OF JULT FOLLOWING, IN THE THIRTY-EIGHTH YEAR OF THE REIGN
OF GEORGE HU
THE HONORABLE PETER RUSSELL, ESQUIRE, PRESIDENT.
AmM DonOal 1798.
r AmendMl by 60th Geo.
111,0 14.)
Recital.
Monnmeiit* to be pla-
eed at the eomen, «e.
of eaeh^ township and
Lines therefrom to be
the permanent boond*-
~~r hnea of such town-
nrhnea
ebipand
To be imder the inepee-
tioB and order of the
nureyor general.
Effect of snch boonda-
17 lines.
Capita] felony know-
ingly or wilfollv to pall
down, Ice. sttcn monu-
How the svrreyor ge-
neral shall proceed.
Application to be made
to the justices.
B^wse how defirmyed.
Chapter 1«
An act to ascertain and establish on a permanent footing^ the boundary lines of tked^
ferent townships of tkU province.
[PiMed J^rft, lf9S<]
Whereas it is expedient and necessary to ascertain and establish upon some permanent
principle, the bpundary lines of the different townships within this provinc'e, and distiEolljr
to preserve them when so ascertained and established ; be it enacted by the Kind's tioet
excellent Majesty, by and with the advice and consent of the legislative council and assam*
bly oil the province of Upper Canada, constituted and assembled by virtue of and under 'llie
authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repesi
certain parts of an act passed in the fourteenth year of his Majesty's reign, eatttM, * An
act for making more effectual provision for the government of the province of Qoelfeo^ in.
North America, and to make further provision for the government of the said province,' **
and by the authority of the same, lliat stone monuments, or monuments of other durable
materials, shall be placed at the several corners, governing points, or off-sets, of every
township that hath been surveyed, or may hereafter be surveyed ; and also at each end
of the several concession lines of such townships ; and that lines from the monuments so
erected, or to be erected, be taken and considered as the permanent boundary lines of
such toAvnships and concessions respectively.
II. And be it further enacted by the authority aforesaid, That the monuments above
directed to be placed as afore mentioned, shall be placed under the inspection and order erf
the surveyor general of this province.
III. And be it further enacted by the authority aforesaid. That the courses and distances
of the said boundary lines, so ascertained and established, shall on all occasions be, and
be taken to be, the true courses and distances of the boundary lines of the said townships
and concessions, whether the same do or do not, on actual measurement, coincide with the
courses and distances in any letters patent of grant, or other instrument in respect of such
boundary lines, mentioned and expressed.
IV. And be it further enacted by the authority aforesaid. That if any person or persons
shall knowingly and wilfully pull down, deface, alter, or remove any such monument so
erected as aforesaid, he, she, or they, shall be adjudged guilty of felony, and shall suffer
death without benefit of clergy.
v. And be it further enacted by the authority aforesaid. That it shall not be necessary
for the surveyor general to proceed to carry the provisions of this act into execution, until
an application for that purpose shall have been made to the governor, lieutenant governor,
or person administering the government, by the magistrates of any district or county, not
being part of a district, in quarter sessions assembled, signifying that the erecting of such
monuments, and ascertaining such boundaries as aforesaid, is necessary and expedient for
some particular township or townships within such district or county.
, VI. And be it further enacted by the authority aforesaid. That when and so often as
application shall be made to the justices of the peace in and for any district, in quarter
sessions assembled, by thirty freeholders of any township within such district, to have
monuments erected conformably to the intention of this act, it shall and may be lawful for
the said justices, and they are hereby authorized and required, to form an estimate of the
sum of money which, in their judgment and discretion, shall seem requisite to defray the
charges of erecting such monument, and to lay an equal assessment (proportionable thereto)
upon each and every acre of land within such township ; which assessment they shall
cause to be raised and collected by a warrant under the hands and seals of any two or
more of them, directed to the collectors of such township, and requiring them to raise and
Digitized by
Google
BftMbUMKNT.]
C S, 3» 4.— Thi»ty-bi0Btb Yxab of Gsobob 111.-1798*
n
iftilaff ike said aM^aament^ in such manner and bj such means as in othet such cases by
law diracted and required, and to pay the same, when so collected, into the hands of the
^veaaorer of the diatrict, to anawer the charges to be incurred by erecting such monuments.
VII. And be it further enacted by the authority aforesaid, Tnat when any person liable Prorisioa iritk mpMi
to pay his proportion and rate of such assessment shall be absent from the township, and ll^^S^M^n^
iahali nfot hftTe taken means to answer the same to the said collector within one year from towMUp. ""
mai after the date of the warrant for collecting the same, the land of such absentee shall
%e held liable and answerable for the payment of such rate, with the lawful interest arising
thereon ; and when the same shall amount to twenty shillings or upwards upon each lot
of one hundred acres of land, and so in proportion for any number of acres, more or less, it
ahaU and maybe lawful for the treasurer of the district in which such lands shall lie and be
altuale, and he is hereby required to give notice of the saine for six months in the Upper
Canada Gazette, and if after the expiration of that time the same shall not be paid, it shadl
and may be lawful for him to sell so much thereof, after publicly advertising the same, as
may be neceaaaiy to satisfy the said arrears, and the necessary expenses incurred by the
jircNSeedings, and to receive the monies arising fix>m such sale to and for the use of the J??*^*^ ^^' ^'* •
township. '
Cbapter Il»
AnMtto repeal an ordinance passed in the twenty-fifth year of the reign of his present
Mafesty^ entitled^ ^^ An ordinance concerning advocates^ attomies^ solicitors^ and no*
tariesj and for the niore easy collection of his Majesty^ s revenues j as far as the same
ra^es to notaries.^*
(Fused Joly 6, 1798.]
Wbaubas the provisions of an ordinance passed in the twenty-fifth year of the reign
of hia present Majesty, entitled, ^^ An ordinance concerning advocates, attomies, solicitors,
and notaries, and for the more easy collection of his Majesty's revenues," have been, so
Ur as the same relates to notaries, found inconvenient and inapplicable to this province ;
be it enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of 13 pper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^An act for making more effectual provision for the
Svemment of the province of Quebec, in North America, and to make further provision
' the ^vemment of the said province,' " and by the authority of the ^ame, That the
i shall be, and hereby is, so far as it relates to notaries, repealed.
Ordiuuiee lo fiff as r»>
latea to notaries, r»>
pealed.
Chapter III.
jAfi act to repeal part of an act passed in the thtrty-severUh year of the reign of his Ma-
JeStffj entUledy "iln act to extend the jurisdiction and regulate the proceedings of the ^ ^^ ^^ '"« •
4Mriet court and court ofrequests^^^ and to make further promsionfor the same.
f RjBPCALSV BT 2d Oso. IV, Cb. a.}
Tha lavrMlofwiiig aeta paaaed lA the legislatire eouneil and hoose of assembly Is the tUrty'^igliUi year of George the
. Ai^ hoi 1h»tDyalafa«iil WW teserred for the signifioation of his Majesty's pleasure.
Chapter IV.
At^ act to eadend the provisions of an act passed in the second session of the first prouinr
ekU parliament of Upper Canada^ entitled^ ^^ An act to cor^firm and inake valid certain
marriages^ heretofore contracted in the country now comprised toithin the province of
Upper Canada^ and to provide for the future solemnization of marriage unthin the
{Th« royal assent to this aet was promnlgated by proclamation, bearing date the twenty-ninth day of December, in the
jtmr of our Lord one thousand seven nondred and mnety-eight, and thirty-ninth of his Majesty's reign.]
(SeeSSd Geo.in,e6b
and69th,cl5; andthe
aet c( 1881.)
yfuMMMAB it hath been found expedient to extend the provisions of a certain act passed
in the thirty-third year of his Majesty's reign, entitled, ^^ An act to confirm and make
▼adid certain marriages heretofore contracted in the country now comprised within the
proTince of Uj^r Canada, and to provide for the future solemnization of marriage within
the same ;'' be it therefore enacted by the King's most excellent Majesty, by and with
the adyice and consent of the legislative council and assembly of the province of Upper
Digitized by
Preamble.
Google
80
C. 4. — ^Thibtt-biohth Ybab or Qbobab in.-->1798.
l&aottiD
Minuter of church of
Scotland, &c. anthoriz-
cd to celebrate mar-
riage.
Minister or clergyman
must have been urdain-
ed, and ap|)ear before
six maf^istrates in quar-
ter sessions assembled,
and Uke the oath of al-
legiance.
Fee to the clerk.
Form of certificate.
No clergyman to cele-
brate matrimony, mi-
Icss, &c.
Parties may demand
certificate.
Canada, constituted and assembled by virtue of and under the authority of an aet _^
in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for makii^ more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same, That from and after the passing of this act, it shall and may be lawful to ai^
for the minister or clergyman of any congregation or religious coQununity of persons^ pro*
fessing to be members of the church of Scotland, or Lutherans, or Calvinists, who shall
be authorized in manner hereafter directed to celebrate the ceremony of matrimoayv
according to the rights of such church or religious community, between any two petBons,
neither of whom are under any legal disqualification to contract matrimony^ and one of
whom shall have been a member of such congregation or religious community at least six
months before the said marriage, any law or usage to the contrary notwithstanding.
II. Provided nevertheless, and be it enacted by the authority aforesaid, That no person
shall be taken, or deemed to be a minister or clergyman of any such congregation or reli-
gious community, within the intent and meaning of this act, who shall not have been
regularly ordained, constituted, or appointed, according to the rites and forms of such
congregation or religious community, and unless he shall have appeared or come before
the justices of the peace assembled in quarter sessions in the district in which he shall
reside, when not less than six magistrates, besides the chairman^ shall be present, and
shall have then with him at least seven respectable persons, members of the conjugation
pr religipus community to which he belongs, who shall declare him to be their minister or
clergyman, and unless he shall produce proofs of his ordination, constitution, or appoint^
ment, to that office, and unless he shall then and there take the oath of allegiance to his
Majesty ; when, if it shall appear^to the majority of the justices then present, expedient
and proper, they are hereby authorized to grant him a certificate under the seal of the
court, and signed by the chairman and clerk of the peace, (for whiob the said clerk of the
peace shall be entitled to demand and receive the sum of five shillings,) certifying him to
be the settled minister or clergyman of such congregation or religious communis ; which
certificate shall be in the following form :
" Be it remembered, that at the general quarter sessions of the peace, holden at the
town of in the county of in and for the district, on the
day of in the year of our Lord before A. B.,* [and six others,] esquires,
and others, justices of our sovereign lord the King, assigned to keep the peace m the said
district, &c. came C. D, of together with E. F. of [and six others, whose
names and descriptions must be inserted,] members of a [congregation] or [community]
of at in the county of in the said district. And the said E. F.
&c. being duly examined, satisfied the court that the said C. D. is the settled [minister}
or [clergyman] of the said [congregation] or [community] and was regularly ordained,
constituted, and appointed thereto.
No certificate to be
a'ven unless notice
all have been given,
&c.
J. K., Clerk of the Peace.
G. H., Chairman.'*
III. Provided nevertheless. That no such certificate shall be given by the said court of
quarter sessions as aforesaid, unless the person applying for the same shall have given
notice in writing to the clerk of the peace, at or before the general quarter sessions imme-
diately preceding that on which he shall apply for such certificate ; which notice in writing
the said clerk of the peace shall read in open court, and shall also fix up in some conspicuous
part of his office, within eight days after the same shall have been so read ; for which
service he, the said clerk of the peace, shall be entitled to demand and receive the sum of
five shillings, and no more.
IV. Provided also, and be it further enacted by the authority aforesaid. That no such .
minister or clergyman shall at any time celebrate the ceremony of matrimony between any
two persons, as above described, unless he shall on three several Sundjiy^ before he shall
celebrate iho said ceremony, openly, and with a loud voice, in the church, chapel, meeting
house, or other place of worship of such congregation or religious community, cither in
some intermediate part of the service, or immediately before it begins, or immediately
after it is ended, declare his intention so to do; and shall at each time of makibg such
declaration, also declare the number of times for which he shall have made such declaration
respectively ; or unless such minister or clergyman shall have been duly authorized by
license, under the hand and seal of the governor, lieutenant governor, or person adminis-
tering the government of the province, to celebrate the said ceremony between the two
persons therein named.
V. And be it further enacted by the authority aforesaid. That it shall and may be lawiul
to and for the parties thus married, or either of them, to demand of the said minisiet* or
clergyman, and he is hereby authorized and required to give the same a certificate of sUch
marriage, which may be in the following form, viz :
ized by Google
Digitiz
3mbmm Ph^hiAUmm.] C. 5.— Thirtt-siqrth Ysar o^ Ovobgjb III.r-^1798. JBI
** Whereat A. B. of and C. D. of were desirous of intermarrying with '^**"* **>«•<*
each other, and hare applied to me for that purpose, their intention so to do having been
regularij {NToclaimed on three several Sundays, as is directed, or having presented a license :
(as the case may be.) Now these are to certify, that I, E. F., minister of the community
of at have this day married the said A. B. and C. D. together, and they
are become legally contracted to each other. As witness my hand, at this
day <rf in the year of our Lord
In presence of 6. H., J. K.^'
IVhich certificate shall and may be registered by the clerk of the peace in like manner as Certiiicateto be regb-
18 directed in the aforesaid act, passed in -the thirty-third year of his Majesty's reign, **'^'
entitled, " An act to confirm and make vaUd certain marriages heretofore contracted in the
country now comprised within the province of Upper Canada, and to provide for the future
solemnization of marriage within the same.''
VL And be it further enacted by the authority aforesaid, That all marriages which
may have been celebrated since the passing of the said act of the thirty-third year of his
Majesty's reign, by any person who shall obtain such certificate as aforesaid, between any
two persons, either of whom now is, or then was, a member of any of the said congrega-
tions or communities above named, shall be deemed good and valid, any law to the contrary
notwithstanding.
All marriacef celelmt-
td liiiee tne pMiiag of
88d Geo. Ill, by raeh
person as, &e. Tiilid.
Cbapter V*
An act for the better dwirion of this province.
fThe rml tJseM to tUt aet was promulgated by proclamatioD. bearing date the first day of Janoaiy, in the year of our
Iiord one UMNisand eig^t hundred, and fortieth of his Majesty's reign.]
Fob the better division of this province, be it enacted by the King's most excellent
Mqesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of- Great Britain, entitled, "An act to repeal certain
parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act
for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That the townships .of Lancaster, [a] Charlottenburg,
and £enyon, together with the tract of land claimed by the St. Regis Indians, and such of
the islands in the river Saint Lawrence as are wholly or in greater part opposite thereto,
shall constitute and form the county of Glengary.
IT. And be it further enacted by the authority aforesaid. That the townships of Corn-
wall, Osnaburg, Finch, and Roxburg, together with such of the islands in the river Saint
Lawrence as are wholly or in greater part opposite thereto, shall constitute and form the
county of Stormont.
111. And be it further enacted by the authority aforesaid. That the townships of Wil-
liamsburg, Matilda, Mountain, and Winchester, with such of the islands in the river Saint
Lawrence as are wholly or in greater part opposite thereto, do together constitute and
form the county of Dundas.
lY • And be it ftirther enacted by the authority aforesaid. That the townships of Hawkes-
bury, LoDgueil, with the tract of land in its rear, Alfred, and Plantagenet, with such of
the islands in the Ottawa river as are wholly or in greater part opposite thereto, shall
constitnte and form the county of Prescott.
V. And be it further enacted by the authority aforesaid, Hiat the townships of Clarence,
bumberhnd, Gloucester, Osgoode, Russell, and Cambridge, with such of the islands in
the river Ottawa as are wholly or in gi'eater part opposite thereto, shall constitute and
(Mm the county of Russell.
VL And be it further enacted by the authority aforesaid. That the counties of Glengary,
Stormont, Dundas, Prescott, and Russell, \b] do constitute and form the Eastern district.
VIL And be it further enacted by the authority aforesaid. That the townships of Ed-
wardsburg, Augusta, Wolford, Oxford on the Rideau, Marlborough, Montague, and Gower,
called North and South Gower, together with such of the islands in the river Saint
Lawrence as are wholly or in greater part opposite thereto, shall constitute and form the
county of Grenville.
VIIL And be it further enacted by the authority aforesaid. That the townships of
EUzabelhtown, Yonge, (including what was formerly called Escot,) Lansdown, Leeds,
Crosby, Bastard, Burgess, Elmslev, and Kitley, together with such of the islands in the
river Sdnt Lawrence as are wholly or in greater part opposite thereto, do constitute and
form the county of Leeds.
(Amended hr 2d Geo.
IV, c 8.)
Preamble.
[al See 6aUiGeo.m,
Comity ef Olengarf.
Comity of 8tormoBt«
Comity of Dnadaa,
Comity of Preaeott.
Comity of Rnnell.
(Prescott and Roatell
now Called the district
of OtUwa. fiOth Geo.
III,c 1.)
Eastern distriet.
[61 See fiSth Geo. Ill,
c 2, s 1.
Conntf of Grenville.
Comity of Leeds.
Digitized by
Google
C. &-*THiinn'-BiGUTH Ya«r of Gw>m« IH.— 179a
^^laammn
CmmtyofCArltoo.
Dutfiet of Johnstown.
Tofmfhip of Pittsbuig.
Township of Wolfe
Township of Amherst
island.
CqwBtyefFhmteBto
Ineoiporated counties
of Lenox and Adding^
GooBty of Hastings.
CJotthty c€ Prince Bd"
ward.
Midland district
ConaCjiir NertlMUtt-
beriand. ;
Cennty of Dnriiani.
East ridinff of the
eovnty of York.
West ridbff of the
eonnty of YoriL
Connty of Simcoe.
I district
District of Newcastle,
to be eTeatnaHy declar-
ed by procbflMtion.
(Bee 4ad Geo. Ill, 02.)
IX- [Repealed by Sd Geo, IV, c 5.] ^
X. And be it further enacted bj the authority aforesaid, That the counties of GreatriHe,
Leeds, and Oarleton, do constitute and form the district of Johnstown. [Repealed as te
Johnstown, including Carleton, by 4th Geo. IV, c 5.]
XL And be it further enacted by the -authority aforesaid, That Howe island, «nd«o
much of the present county of Ontario as is wholly or in greater part opposite to the
township of Pittsburg, be part of the said township of Pittsbu^
XII. And be it further enacted by the authority aforesaid, That Wolfe island andtSage
island, and so much of the said county of Ontario as is wholly or in greater part opposne
to the township of Kingston, do constitute and form the township of Wolfe island.
XIII. And be it further enacted by the authority aforesaid, That the residue of the said
county of Ontario, do constitute and form the township of Amherst island.
XrV. And be it further enacted by the authority aforesaid. That the townships of
Pittsburg, Kingston, Loughborough, Portland, Hinchinbroke, Bedford, and Wolfe idand,
do constitute and form the county of Frontenac.
XV. And be it further enacted by the authority aforesaid, That the townships of Ernest-
town, Fredericksburgh, Adolphustown, Richmond, Camden, (distinguished by being
called Camden East,) Amlierst island, and Sheffield^'do constitute and form the inoorpo**
rated counties of Lenox and Addington,
XVI. And be it further enacted by the authority aforesaid, .That the townships of
Sydney, Thurlow, the tract of land occupied by the Mohawks, Hungerford, Huntii^^n,
and Rawdon, do constitute and form the county of Hastings.
XVII. And be it further enacted by the authority aforesaid, That the townships of
Ameliasburg, Hallowell, Sophiasburg, and Marysburg, with such of the islands in the bay
of Quinty and lake Ontario as are wholly or in greater part opposite thereto, and such as
Were not formerly included in the county of Ontario, do constitute and foiln the tounty of
Prince Edward.
XVIII. And be it furtjier enacted by the authority aforesaid. That the counties ef
Frontenac, the incorporated counties of Lenox and Addington, Hastings, and Piinee
Edward, with all that tract of country which lies between the district of Johnstown and
a line drawn north sixteen degrees west from the northwest anele of the township of
Rawdon, till it intersects the northern limits of the province, togewer with all islands in
the Ottawa river, wholly or in greater part opposite thereto, do constitute and form the
Midland district.
XiX. And be It further enacted by the authority aforesaid. That the towndiips of
Murray, Cramahe, Haldimand, Hamilton, Elnwick, Percy, and Seymour, with the penin-
sula of Newcastle, do constitute and form the county of Northumberland.
XX. And be it further enacted by the authority aforesaid. That the townships of Hbpe^
Clarke, and Darlington, with all the tract of land hereafter to be laid out into townships,
which lies to the southward of the small lakes above the Rice lake, and the commiUBMUu
tion between them and between the eastern boundary of the township of Hope, and the
western boundary of the township of Darlington, produced north sixteen degrees west,
until they intersect either of the said lakes, or the communication between them, dial
oonstitute and form the county of Durham.
XXI. And be it further enacted by the authority aforesaid, That the townships of
Whitby, Pickering, Scarborough, York, including its peninsula, Etobicoke, Markham,
Vaughan, King, Whitchurch, Uxbridge, Gwillimbury, and the tract of land hereafter to
be laid out into townships, lying between the counties of Durham and the lake Simeoei
do constitute and form the east riding of the county of York.
XXII. And be it further enacted by the authority aforesaid. That the townships o^
Beverly and Flamborough, the latter divided into Flamborough East and West, so much
of the tract of land upon the Grand river in the occupation of the Six Nation Indians as
lies to the northward of Dundas street, and all the land between the said tract and the
east riding of the county of York, with the reserved lands in the rear of the townships
of Blenheim and Blanford, do constitute and form the west riding of the county of Tok.
XXIII. [Repealed. See 2d Geo. IV, c 3.]
XXIV. And be it further enacted by the authority aforesaid. That the counties of
Northumberland, Durham, York, and Simcoe, do constitute and form the Home district.
XXV. Provided always, and it is hereby further enacted, That when and so soon as the
said counties of Northumberland and Durham shall make it satisfactorily appear to the go*
vernor, lieutenant governor, or person administering the government of this province, that
there are one thousand souls within the said counties, and that six of the townships therein
do hold town meetings according to law, then the said connties, with all the land in their
rear, confined between their extreme boundaries, produced north sixteen degrees west.
Digitized by VrjiJOV LC
]
C. 5."-^TniBn<
TiBAB.or QaoMS III.— 1718.
ua^tBiA^y^iWi^ the northern limita of the proidnce, shall, and are herebj declared to
be^ a»aepisale diatriot^.to be called the district of Newcastle ; and the governor, lieutenant
goyemor, or person administering the government of the province, is hereby authorized
Vftmi mdb piroof as aforesfidy to declare the same by proclamation, any time within one
year afteetbfi saoaie. shall he so established, as to him shall seem most fit.
XXVL And be it further enacted by the authority aforesaid, That so much of the
iowndiip of Glandford as is now comprehended between the southern boundary of the
towndiip of Binbrook, and t^e boimdary of the Six Nation Indians' land, be added to
the said township of Binbrook, and become part thereof.
XXyU* And be it further enacted by the authority aforesaid, That the townships of
Clinton,^ Grimsby, Saltfleet, Barton, Ancaster, Glandford, Binbrook, Gainsborough, and
Caistor,. dp. form and constitute the first riding of the county of Lincoln.
XXYIIL And be it further enacted by the authority aforesaid, That the townships of
Newark, Grantham, and Louth, do constitute and form the second riding of the county of
Lincoiii; provided always. That the town and township of Newark, now generally called
West Niagara, be henceforth declared and called the town and township of Niagara, res-
pectively.
XXIX. And be it further enacted by the authority aforesaid. That the townships of
Stamford, Thorold, and Pelham, do constitute and form the third riding of the county of
Lincoln.
XXX- And be it further enacted by the authority aforesaid. That the township of
Bertie, Willoughby, Crowland, Humberstone, and Wainfleet, do constitute and form the
fourth riding of the county of Lincoln.
XXXI. And be it further enacted by the authority aforesaid, That the tract of land on
each side of the Grand river, now in the occupation of the Six Nation Indians, and lying
to the southward and southeast of Dundas street, do constitute and form the county of
HaMimand.
XXXII. And be it further enacted by the authority aforesaid. That the said counties of
Lincoln and Haldimand, with such of the islands of this province lying in the river
Niagara, or lake Erie, as are wholly or in greater part adjacent thereto, together with the
beaeh at the head of lake Ontario, between the outlet of Burlington bay and the township
of Saltfleet, and together with the promontory between the said Burlington bay and Coats'
Paradise, do constitute and form the district of Niagara.
XXXIII. And be it further enacted by the authority aforesaid. That the townships of
Rainham, Walpole, [a] Woodhouse, Charlotteville, Walsingham, Houghton. Middleton,
Windham, and Townsend, together with Turkey point, and promontory of Long point,
do constitute and form the county of Norfolk.
XXXIY. And be it further enacted by the authority aforesaid, That the triangular tract
of land, heretofore called Townsend Gore, be added to the township of Burford, and to
become part thereof*
XXXV. And be it further enacted by the authority aforesaid, That the townships of
Burford, Norwich, Dereham, Oxford upon the Thames, Blanford, and Blenheim, do con-
stitute and form the county of Oxford.
XXXVI. And be it fiirther enacted by the authority aforesaid, Tliat the townships of
London, Westminster, Dorchester, Yarmouth, Southwold, Dunwich, Aldborough, and
Delaware, do constitute and form the county of Middlesex.
XXXYII. And be it further enacted by the authority aforesaid. That the counties oC
Norfolk, Oxford, and Middlesex, with so much of this province as lies to the westward
of the Home district and the district of Niagara, to the southward of lake Huron, and
between them and a line drawn due north from a fixed boundary, (where the easternmost
limit of the township of Oxford intersects the river Thames,) till it arrives at lake Huron,
ilo constitute and form the district of London.
XXXVIII. And be it further enacted by the authority aforesaid. That the townships
4>f Dover, Chatham, Camden, distinguished by being called Camden West, the Moravian
taM^t of land, called Orford, distinguished by Orford North and South, Howard, Harwich,
Raleigh, Romney, Tilbury, divided into the east and west, with the township on the river
Sinclair, occupied by the Shawney Indians, together with the islands in the lakes Erie
and Sinclair wholly or in greater part opposite thereto, do constitute and form the county
of Kent.
XXXIX. And be it further enacted by the authority aforesaid. That the townships of
Rochester, Mersea, Gosfield, Maidstone, Sandwich, Colchester, Maiden, and the tracts of
laod occupied by the Huron and other Indians upon the strait, together with such of the
islands as are in lakes Erie, Sinclair, or the straits, do constitute and form the county of
Essex.
Pftit of die towntUpof J
Glandford added to die
townabip of Binbrook.
Firrt ridinc of the
eoantj of loncobu
Seeond riding of the
connty of Lineobi.
The town and townaliip
of Newark, therein, to
be caUed the town and
township of Niagan.
Third riding of the
county of lancoln.
Fourth riding of the
county of Lineoln.
Coonty ^Haldimand.
(To inelttde the town-
■hip of lt^"^y»n and
Walpole. See 7th Geo.
IV, c IS.)
Diatrietof Niagam.
County of Norfolk,
[a] Rainham and Wal-
pole now added to the
eoanty of Haldimand.
See 7Ui Geo. iy» ol&
Addition to the town-
ship of Bwfocd.
OoOfAy m OiSotd.
Ckranty of Sliddleaez.
Diatridof London.
Coonty of Kent.
Coonty of Eaaex.
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m
Wwtomdistriet
Period, fte.
(SeeaadG60.III,o8:
Mth,c2aiid20; SOlh,
C. 6, 7.— Thibtt-biohth Ybab of OaoBok III.— 1798. 8mov9 RimiiMi,
XL. And be it further enacted by the authority aforesaid, That the counties of Essex
and Kent, together with so much of this province as is not included within any other
district thereof, do constitute and form the Western district.
XLI. And be it further enacted by the authority aforesaid, That this act, nor any part
thereof, shall take effect until from and after the fourteenth day of February next.
Chapter VI.
An act to amend part of an act passed in the thirty-fourth year of the reign of his Mor
jesty, entitled^ ^^ An act to establish a superior court of citkl and criminal jurisdiction^
and to regulate the court of appeals^'^ and also to am^nd and repeal part of an ad
passed in the thirty-seventh year of the reign of his Majesty ^ entitled^ ^^An act for
the practice of the court of king^s hench^^^ and to make further prtwision
regulating \
respecting ihe same.
CREPSAi.En BY 2d Oso. rV, Ch. 1.]
Chapter VII.
An act to atter^he method of performing statute duty on the highways and roads within
this province.
[RXPSAX.SD BT 60th Geo. in, Ch. 1.]
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TtalrA Session of the seeond Provlnelal Parliament.
MET AT IVEWARK, ON THE TWELFTH DAT OP JUNE, AND PROROGUED ON THE TWENTY-
NINTH DAT OP THE SAME MONTH, IN THE THIRTY-NINTH YEAR OF THE
REIGN OF GEORGE lit.
THE HONORABLE PETER RUSSELL, ESi^UIBE, PRESIDENt.
Ammo Domlmi 17tt9.
CTbapter I.
An act to revive and continue an act, passed in the first session of this present parlior
mentj entitledj ** An act for the better securing the province against the King^s ene^
miesJ*'*
[COVTURTSD BT S^TB (3so. Ill, Cb. I, FOB TWO TXAmi.— Bxi>IBXO.]
CThapter II«
An act to continue an actj entitledj ^^ An act for securing the titles to lands in this
prcwtncc."
(CoHTuioxo 9t 87tb Oxo. Ill, Cb. 8» rom two TBABf.^EzriBBO.]
Chapter III.
An act to provide for the education and support of orphan children*
{PMsed June 29,1799.]
Whereas it is expedient to provide for the education and support of orphan children, PnamUe.
or children who may be deserted by their parents ; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the le^slative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ' An act for making more effectual provision for the government of Uie province of
Quebec, in North America, and to make further provision lor the government of the said
province,' " and by the authority of the same, That when the father and mother of any
infant child shall die, or shall abandon their infant child or children, it shall and may be
lawful for the town wardens of any township where such child or children shall be, by
and with the approbation and consent of two of his Majesty's justices of the peace, to
bind the said cluld or children as apprentices, until he, she, or they, shall have attained
the age of twenty-one years, in the case of males, and eighteen, in the case of females ;
and an indenture to this effect, under their hands and seals, and countersigned by two
justices of the peace, shall be good and valid in law^
II. And be it further enacted by the authority aforesaid. That when the father of any
infant child or children shall abandon and leave such infant child or children with the
mother, it shall and may be lawful for the mother in such case, by and with the approbation
of two of his Majesty's justices of the peace, to bind such child or children as apprentices,
until he, she, or they, shall have attained the ase of twenty-one years, in the case of
males, and eighteen, in the case of females ; and an indenture to that effect, under her
hand and seal, and countersigned by two justices, shall be good and valid in law.
III. Provided always, and be it further enacted by the authority aforesaid. That when Exception,
the relations, of any orphan, or abandoned infant child, or children, are able and willing
to support and bring them up, then, and in such case, it shall not be in the power of the
town wardens to apprentice such child or children.
IV. Provided also, and be it further enacted by the authority aforesaid, That no infant Farther exception.
child, or children, having attained the age of fourteen years, shall be liable to be appren-
ticed as aforesaid, unless he, she, or they, consent thereto..
11
Town wardens, with
approbation of two itt»*
ticet, may bind orpnan
or abandoned inunt
ehi]dren«
The like pewer'giTea
to the mother, when
the ftther abandonihia
infant children.
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86
C. 4, 5.— THiBTT-inmH Ybar or Gbobok III.-:-n99.
[Thibo
(See 85th Geo. Ill,
e6.)
Sixteenth ebnue of 86Ch
Qeo. Ill, repealed.
Any member of the
MtemblT accepting the
office ot regiiter, hie
■eat to be Tacated.
But no bar to hifl re-
Cbapter IV*
An act to enable persona holding the office of register ^ to be elected members qf the
house of assembly.
[Pu«edJime»,179».]
WusRSAfl hj the sizteenth clause of an act passed in the tiurfy-fiftk year of his Mal-
jesty's reign, entitled, " An act for the public registering of deeds, conveyances, wills,
and other incumbrances, which shall be made, or may affect any lands, tenements, or
hereditaments, within this province," it is declared and enacted, that '^ no member of the
house of assembly thereafter to be chosen, during the time that he is such member, shall
be capable of beins appointed register, or of executing by himself, or any other person,"
the said office, or nave, take, or receive, any fee or other profit whatsoever, for, or in
respect thereof; nor shall any register, or his deputy for the time being, be capable of
being thereafter chosen a member to serve in the assembly of this province ;" be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed 'in the parliament of
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the faurteewft
year of his Majesty's reign, entitled, ^ An act for making more effectual jprovision fior the
S;ovemment of the province of Quebec, in North America, and to make further provision
or the government of the said province,' " and by the authority of the same, That the
said sixteenth clause of the said above recited act, shall be, and the same is hereby re-
pealed.
II. Provided always, and be it further enacted by the authority aforesaid, That if any
member of the assembly shall at any time hereafter accept the office of register of any
county or riding, his seat therein shall be, and is hereby declared to be vaeat^ thereupon^
III. Provided also nevertheless. That such appointment shall be no bar of obstruction
to the re-election into the assembly of tiie person so accepting and holding the i
(Continued by 41 it
Geo. III,c4; 45th, e
4j49th,cl; 61it,c5j
KM, c 8 ; 64Ui, o 18 $
and fiSth, c 29. See
68th Geo. 111,0 13.)
Chapter V.
An act to raiify^ approve^ and confirm^ the proiHsional agreement made and entered into
by commissioners on the part qf this province^ and commissioners on (he part qf the
promnce of Lower Canada.
£EspuuiD.J
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Jfmupm SeMiMi of file seeonA Pri^Ylitolal PtttrUamenn
mur AT TORK^ [ok the second DAY QV JUNB, AND PROROGUED ON THE FOURTH DAY
OP JULY FOLLOWING,
IN THE FORTIETH YEAR OF THE REIGN OP
GEORGE III.
PHTBR HUMTBE, BfiQUIRS; LIEUTBNABT GOTBRNQR.
1M0«
ReeitaL
(See Gth Geo. lY, e
Mto tke pnmnoBi
aitt Jae. 1, e ST.)
^
ClMpter !•
Jm m$t Jbr the /wther i9iih)dnetion of the criminal law of England in Oiis provincei
amdfnr the mare efeetual punuhment qf auiain cffenders.
£PasMdJiay4,1800.]
Wrbrbas the critniiial law of Enj^d was hj an act of the parliament of Great
Britain, paopcd in the fourteenth year of his Majesty's reign, entitled, ^^ An act for making
BKWB eifeetinl fvcmsioB for the goyemment of the proTBHoe of Quebec, in North America,"
tttlnKhieed and established as the criminal law of this province ; and whereas divers
amendments and improvements have since been made in the same by the mother country,
which \t is expedient to introduce and adopt in this province ; be it therefore enacted by
the King's most exteellent Majesty, by and with the adviise and consent of the ^pslotive •^dTckl^v! o I)"" ^'
oouncfl and assembly of the province of Upper Canada, constituted imd assembled by
virtue of and under the anthority of an act passed in the pariiament of Great Britain,
entitled, ^^ Aii act to repeal certain parts of an act passed in the fourteenth year of his
Ma|e8ty's reign, entitled, ^ An act for making more effectual provisicm for the government
of the province of Quebec, in Noith America, and to make further provision for die
govemment of Ae smd province,' " and by the audiority of the same. That the crimuud
bw of England, as it stood on the seventeenth day of September, in the year of our Lord
one thonsand seven hundred and ninety-two, shall be, and the same is hereby declared to
be the criminal law of this province.
II. Phnrided nevertheless, That nothing herein contained ^all be taken or construed
to vary, repeal, or in any manner to affect, any brdinance of the late provmee of Quebec,
which may have been made siiKC the said fourteenth year of his Majesty's reign.
III. And whereas the punishment of burning in the hand, when any person is convicted
of felony within the benefit of clergy, is often disregarded and ineffectual, and sometimes when My penon m
may fix a lasting mark of disgrace and infamy on offenders, who might otherwise become
The criminal law of
England introduced aa
itatoodonthelTthday
of September, 1798.
Saying of ordinaneea
made lince the 14th
Geo. III.
eonricted of any felony
for which he it Habh
to be burnt in the hand,
the court may, inatead
of such bumingjimpof e
on him a moderate fine,
or exce^ in case of
manslaughter, order
him to 1m whipped.
good subjects and profitable members of the community ; be it therefore enacted by the
authority aforesaid. That from and after the passing of this act, when any person shall be
lawfully convicted of any felony within the benefit of clergy, for which he or she is liable
by law to be burned or marked in the hand, it shall and maybe lawful for the court before
which any person shall be so convicted, or any court holden for the same place with the
like authority, if such court shall think fit, instead of such burning or marking, to impose
upon such offender such a moderate pecuniary fine as to the court in its discretion shall
seen meet; or otherwise it shall be lawful, instead of such burning or marking, in any of
the cases aforesaid, except in the case of manslaughter, to order and judge, that such
offender shall be once, or oftener, but not more than three times, either publicly or pri-
vately whipt ; such private whipping to be inflicted in the presence of not less than two
persons besides the offender and the officer who inflicts the same, and in case of female
offenders, in the presence of females only ; and such fine or whipping so Imposed or
inflieted instead of such burning or marking, shall have the like effects and consequences
io die party on whom the same, or either, shall be so imposed or inflicted, with respect
to tfie discharge firom the same or other felonies, or any restitution to his or her estates,
ei^Meities, and credits, as if he or she had been burned or marked as aforesaid.
IV . Provided always, and be it further enacted by the authority aforesaid. That nothing
in this act contained, shall abridge or deprive any court of the powers now vested in it
by law, of detaining and keeping in prison, for any time not exceeding one year, or of p""<*^s offenden.
committing to the house of correction or public work-house, to be kept to hard labor, for
any time not exceeding one year, or of committing to the house of correction for any
time not less than six m<mths, or exceeding two years, any such offender as aforesaid ; ^^^ I
Digitized by v:jOOQIC
Thia act not to abridge
the powers rested m
the said courts, (^ im-
88
[FouBVH S:
Banishment substitu-
ted for tnuuportation.
Prorisions in ease of
return from banish-
ment, or being; found at
laive in the province
before the period is
expired.
Not to restrain the
power of his Majesty
to pardon.
(Sec ''Uth Geo. |II,
c2.)
C. 2, S, 4.— FoRTisTH Ybab of Gkorox IIL— 1800.
but that such offender maj, if such court shall think fit, after such burning or maiking, or
after such whipping or fine as shall by virtue of this present act be inflicted or impoeed
instead thereof, be so detained or committed, and with such accumulated punishment, in case
of escape from such house of correction or work-house, as if this act had never been made.
v. And whereas so much of the said criminal law of England, as relates to the transpor-
tation of certain offenders to jdaces beyond the seas^ is either ini^licaUe to this province,
or cannot be carried into execution without great and manifest inconvenience ; be it
therefore enacted by the authority aforesaid. That when any person shall be convicted
of any crime, for which he or she shall be liable by law to be transported, the court before
which such person shall be so convicted, or any court holden for the same place, with the
like authority, instead of the sentence of transportation, shall order and adjudge that
such person be banished from this province, for and during the same number of yean, or
term for which he or she would be liable by law to be transported, and do remove him or
herself therefrom within a space of time to be then fixed and declared by the court, and
which shall in no instance be less than two days, nor more than eight, including the day
On which such sentence of banishment shall be passed.
YI. And be it further enacted by the authority aforesaid. That if 'any person on whom
such sentence of banishment shall have been passed as aforesaid, or to whom his Majesty,
his heirs or successors, shall hereafter be graciously pleaised to extend the royal wutrQfj
upon condition of his or her leaving the provmce for any term of years, or for life, shall be
found at large in any part thei'eof without some lawful cause, after the time within wfaieh
he or she shall have been so banished, or shall have so consented to leave tiie pnmnee,
and before the expiration of the term for which he or she shall have been so banished ^ or
shall have so consented to leave the same, every such offender being thereof lawftdUhreoBr
victed, shall suffer death as in cases of felony, without benefit of clergy ; and such o»nder
may be tried either before justices of assize, oyer and terminer or gaol delivery, ior the
district, county, or place, where such offender shall be apjMrehended and taken, or wh^e
he or she may have received such sentence of banishment ; and the derk of the crowQ^
clerk of the peace, or other officer, having the custody of the records where such sea*
tence of banishment shall have been pronounced, or the register of the province, m Ae
case of such conditional pardon, shall, at the request of any person on his Majestf ^i
behalf, and without fee or reward, make out, and give a certificate in writing, signed by
him, the said clerk of the crown, clerk of the peace, or other officer, or by the said register^
respectively, containing the effect and subistance, omitting the formal part of every
indictment and conviction of such offender, and of the sentence of banishment, or of soch
conditional pardon respectively, to the justices of assize, oyer and terminer and gaol
delivery, where such offender shall be indicted, which certificates shall be sufficient proof
of such conviction and sentence of banishment, or of such conditional pardon respectively.
YII. Provided nevertheless. That nothing herein contained shall be construed in any
manner to restrain or prevent his Majesty, his heirs or successors, to grant an absolute
and unconditional pardon to such offender, and to allow of his or her return to this
province.
Cliapter IT.
An act far the regulation of specUd juries.
[Repealed bt 48th Geo. Ill, Ch. 18, Sec. 1.]
Chapter III.
An tret for the more equal representation of the commons of this province in parUameni,
and for the better defining the qualification qf electors.
[RspsALBD By 4rR Geo. IV, Cn.ia]
Chapter IV.
An act for the summary conviction of persons setting spirituous liquor by retail without
license.
[Pasted July 4, 1800.]
For the summary conviction of persons selling spirituous liquor by retail without
license, be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, "An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, ' An act for making more offectual
provision for the government of the province of Quebec, in North America, and> to
Digitized by. VniJOy It:
Pmouament.]
C. 5, 6. — FoBTiETR Ybar of Gsoros III. — 1800.
make fordier proTision for the government of the said province/ '' and bj the authority
of tke same, That if any person or persons shall directly or indirectly sell any wine,
brandy, rum, or other spirituous liquor, bv retail, without license for that purpose previ-
ously obtained, such person or persons having, if resident in the district in which the
offionee shall have been committed, been summoned to appear before any three or more
of his Majesty's justices of the peace, who are hereby authorized and empowered to
hear and determine the matter, and being lawfully convicted thereof, by the oath of one
credible witness, shall forfeit and pay the sum of twenty pounds of lawful money of this
province, to be levied with costs of suit, by distress and sale of the goods and chattels of
such offender or offenders, one half of which penalty shall be paid to the person or per-
sons inlianmng, and the other half into the hands of his Majesty's receiver general, to
and for the public uses of this province ; and in default of the said offender or offenders
having goods and chattels, from which the said penalty may be raised, it shall and may
be lawful for the said justices to commit him, her, or them, to the gaol of the district in
whieh the offence shiill have been committed, for and during the space of three calendar
IL And be it further enacted by the authority aforesaid, That if any such offender or
offenders be not usually resident within the district in which the offence shall have been
committed, it shall and may be lawful to and for any one of his Majesty's justices of the
peace, in and for the district in which the offence shall have been committed, upon infor-
mation upon oath made before him, to issue his warrant for apprehending such offender or
offenders, and to oblige him, her, or them, to enter into recognizances with one or more
sufficient sureties for his, her, or their appearance at such time and place as shall be
appcnnted for the hearing of the said complaint, or in default thereof, to commit him,
her, or them, for safe custody to the common gaol of the district, until the said complaint
shall have been finally heard and determined.
lU. And be it further enacted by the authority aforesaid. That from and after the fifth
day of April now next ensuing, it shall not be lawful to or for any shopkeeper licensed
to sell wine, brandy, rum, and other spirituous liquors, by retail, to sell or vend the
same in any less quantity or by any smaller measure than one quart ; and if any shopkeeper
or shofrfceepers shall, from and after the said fifth day of April, sell or vend any wine,
brandy, rum, or other spirituous liquors, in less quantity or by smaller measure than one
quart, he, she, or they, shall for such offence forfeit and pay the sum of twenty pounds,
to be levied in manner and form hereinbefore mentioned, and the monies arising therefrom
shall be divided and applied in like manner and to the same uses as hereinbefore is directed.
IV. Provided also, and be it further enacted by the auth(H*ity aforesaid. That no informa-
tion or comjdaint shail be received under this act, if more than six calendar months have
elapsed since the time of the offence committed.
9i OOBTietfiOB
Intbadiftnct
of coBTietioa
when offender does not
leiide withm the dia-
triet
No ihopkeeperto sell
leaf tiiaa one ami of
wine, hmady, ac.
Umitetion of praaeev*
tion.
(See 8401 Goo. IIL
o]2;41»t, eS,a2.)
Cbapter V.
An act to revive and continue an act, entitled j " An act to provide for the appoifUment
of returning officers for the several counties within this province,'*'^
[Paased July 4, 1800.]
Wh£R£as an act passed in the thirty-third year of his Majesty's reign, entitled, '^ An
act to provide for the appointment of returning officers for the several counties within this
province,'' was limited to be, and continue in force, for and during the space of seven
years ; and whereas the time limited in the said act is now expired, and it being necessary
that the same should be revived and continued ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That the said act of the thirty-third
year of his Majesty's reign, and every part thereof, and every clause, matter, and thing,
therein contained, are by the present act revived and continued for and during the space
of eight years, and no longer.
(83d Geo. III. o 12,
continued by 4SthGoo.
III,c5.>
Chapter VI.
An ad for making a temporary probision for the regulation of trade between this pro-
vince and the United States of America, by land or by inland navigation.
[BzpnisD JfTLv 7, 1802.]
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Pint Seflston of the third ProTUielal ParMftmeiit.
|I£T AT YORK, ON THfr TWENTY-EIGHTH DAY Of MAY, AND PROROGUED ON THE MNTQ
I^AY OP JULY FOLLOWINOi IN THE FORTY-FIRST YEAR OF THE REIGN
OF GEORGE III.
PETER HUNTER, BSQUIRB> LIEUTENANT GOVSINOR.
imnkm
Chapter I.
Jh tLct to continue an act pawed in the thirty-eeventh year of hie Majesty^ e raj^ «M#t-
tled^ ^^ An act for the better eecuritig the province against the King^s enemies."
[C^imirvss S7tb Gb«. 1JI» Ch. 1» two tsam, ahs tbbit to the Bir» or tbb mmmt mmvnaQ §mMM>m ow
PARLIAafERT.]
Chapter II.
An act for the further regutation of the militia of this province^ and for the fnare efec-
tual punishment of offenders against the militia law.
[Rkpsamd bt 4»th Gso. HI, Ch. 1.]
PfMmU0.
Bfafket oreeted at
Kiagfton.
Ordfen and Kgolatioiif.
Fiaof for offoaeoi.
Pablieatioii of nilot,
ordan, aadngnlatioBs.
Mode of lerying aad
ifil^atioB of fiaM.
Chapter III.
An ad to empower the commissioners of the peace for the MtJOemd diskid^ in Aeir
court of general quarter sessions assembledj to esUbliri^ and regulate a markd in and
for the town of Kingston in the said distrid,
CPaaaedJ«l7»,1801.]
Whbrbas it is expedient for the convenience of the inhabitMitsof the Afidland district,
that a market should be established at Kingston in said district, and that the times and
place of holding such market should be ascertained ; be it enacted hj the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, * An act for making more effectual provision for the government of the provii»ce
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That from and after the passing of this
act, it shall and may be lawful for the commissioners of the peace in the Midland district,
in their court of general quarter sessions assembled, and they are hereby authorised and^
empowered to fix upon and establish some convenient place in the town of Kingston, as
a market, where butcher's meat, butter, eggs, poultry, fish, and vegetables, shall be
exposed to sale ; and to appoint such days and hours for that purpose, and to make such
other orders and regulations relative thereto, as they shall deem expedient.
II. And be it further enacted bv the authority aforesaid. That the said commissioners
shall be, and they are hereby authorized and empowered, to impose such fines, not ex-
ceeding twenty shillings, for any offence committed against such rules and regulations, as
to them in their discretion shall seem requisite and proper.
III. And be it further enacted by the authority aforesaid. That all such orders, rules,
and regulations, shall be published, by causing a copy of them to be affixed in the most
public place in every township in the said district, and at the doors of the church and
court house of the said town of Kingston, md that such orders, rules, and regulations,
shall not be in force until three weeks after such publication.
IV. And be it further enacted by the authority aforesaid, That if any person shall
transgress the orders and regulations so made by the said commissioners, sneh person
shall for every such transgression forfeit the sum which in evejry such order, rule, and
regulation, shall be specified, to be recaveied by information before any one commissioner
Digitized by VrjiJOV LC
Fmmuuamr.] C. 4, 6, €. — Fown^wtmBr Ysab oar Gsorob III. — 1801. 8t
o[ tltt p0Bce» uftoA the oath of one credible wilneni, and to be levied I^ wasraiil under
&e hand and seal of such eommisaioQeri upon the goods and chatleb of such offimder,
and that one moie^ ot the aam so levied shall go to the informer, [a] the other moiety {1^ ™7thG^Hv^
shaft be paid into we hands of his Majesty's receiver general, to and for the use of his i£ to be paid' to &«
Biq^Bly, hia heirs and successors, for the public uses of this province, and towards tbe to^j^nT ^the^^p^M
sapport of the mveniment thereof, to be accounted for to his Majesty^ through the coiU'^ fwMU «fthcutnigi.
BlissioBani of his treasury for the time being, in such manner and form as it shall please
Us Mfl^eaty to dirtet.
Ckapter IV.
A hM to ratify and confirm eeriainpramsiomd orHdea of agreement entered into hy the (see ssth Geo. iii, e
respecftt^e commissioners of this province and Lower Canada^ at Quebec^ on the ^^)
second day of February^ one thousand eight hundred and one, relative to duties, and
for carrying the same into effect, and cdso to continue an act passed in the thirty-
ninth year of his Majesty* s reign.
[EzpnsD.]
Chapter V.
An act for granting to his Majesty, his heirs and successors, to and for the uses of this
province, the Uke duties on goods and merchandize brought into this province from
the United States of America, as are now paid on goods and merchandize imported
from Great Britain and other places.
[BfipXALXD B7 4rR Geo. IV, Ch. II.]
Chapter VI^
An ad to remove do%ibts with respect to the authority under which the courts of general
quarter sessUms of the peace and other courts have been erected and holden, and other
tfiotters rdating to the administration of justice done in the several disirii^ of tiiie
provinoe, andalsotofix the tinnes of holding the oourta of general quarter sessions </
the peace in and for the same.
[PauedJiily9,ia01.]
Whkrsas doubts have arisen with respect to the authority under which the courts of pi-eambi*.
general quarter sessions of the peace, the district courts, the surrogate courts, and the
courts of requests, have been erected and are now holden in the several districts of this
province, and also the authority under which commissions of the peace, commissions of
assize and nisi prius, commissions of oyer and terminer, commissions to sheriffs and other
Srsona eoncemed in the administration of justice, have been issued in and for the said
triels respectively ; for removal of such doubts, be it declared and enacted by the King's
m68t exeellent Majesty, by and with the advice and consent of the legislative council and
Msembly of the province of Upper Canada, constituted and assembled by virtue of and
tinder the authority of an act passed in the parliament of Great Britain, entitled, "An act
to repeal eertahi parts of an act passed in the fourteenth year of his Majesty's reign,
entided, * An act for making more effectual provision for the government of the province
of Qa€^, in Norfh America, and to make further provision for the government of the
said prdvinee,' " and by the authority of the same, And it is hereby declared and enacted;^
that Che authority Under which the said courts and commissions have been erected, holden^ Confinaation of coorti,
and issued, and also all matters' and things done by or by virtue of the same are, so far as ^ommUrioM, ac
relates to die authority under which the same have been so erected, holden, issued, and
done, good* and valid to all intents and purposes whatsoever, and that the provisions of all
Ae SMBts of the leeislatiuie of this province respecting the said courts and commissions, or
any of diem, are hereby declared to extend and be in force (except as hereinafter men-
tknied) in each and every the said districts respectively. ^
II. And be it further enacted bv the authority aforesaid. That the courts of general Timet of holding qnar-
quarter sessions of the peace in and for the Western district, the district of Niagara, and ^^ 9m«u»«*
the Home [a] district respectively, shall be holden in the towns of Sandwich, Niagara, W See aa Oto. iv, «
and Yoik, on the second Tuesday in the months of January, April, July, and October ',^
and that dhe sajd courts of general quarter sessions of the peace in and for the district of
London sbaU be holden in the town of Charlotteville [b] on the second Tuesday in the m See ssth Geo. ii^
L of Mttrch, June, September, and December ; [c] and that the said courts of general f J^'^^ggn, Geo. m,
IT aessiona of die peace in and for the Midland district shall be holden in die town ei. t
Digitized by VniJOQlC
(SM8adOeo.ni,e«;
86ch Geo. m, e 4;
eonfirmed by 68th 0«o.
UI,©9.)
ProTiikm nmetiBg
the diitriot* of LondoD
and Johnitown.
<See88dGeo.III,c86i
f0th,e4;66th,e9.)
C. 7, 8.— FoBTT-FiftST Ybab or GisoEas III.— 1801.
of Adolphuatown on the fourth Tuesday in the month of Januaiy and on the
Tuesday in the month of July, and in the town of Kingston on the fourth Tuesdivf in the
month of April and on the second Tuesday in the month of October; and that the courts
of general quarter sessions of the peace in and for the district of Johnstown shall be hoUea
in the town of Johnstown on the third Tuesday in the montlis of February and May, and
on the i^econd Tuesday in the months of August and November ; and that the courts of
general quarter sessions of the peace in and for the Eastern district shall be holden in the
town of Cornwall on the fourth Tuesday of the months of January and April, and on the
second Tuesday of the months of July and October.
III. And be it further enacted by the authority aforesaid, That the duties which are
required by law to be done and executed by any person or persons at or before the April
sessions, shall be done and executed at or before the June sessions, in the district of Londmif
and at or before the May sessions in the district of Johnstown.
[As to Niagara, see 11th Geo. IV, c 8.]
(Ameadod bv SOth,
Gm. Ill, e S.)
Preamble.
AppoiBtment in erery
dutriet of inipecton of
floor, pot and peacl a»h-
Oath to be taken by in-
apectora.
Method of examining
flour, pot and Pfarl aah-
ea, and marking the
caiks in which the j are
eontaiaed.
Fees allowed to the in-
Chapter VII.
An act to authorize the governor ^ lieutenant governor y or person administering the go-
vemmenty to appoint inspectors of flour y pot and pearl ashes, unthin this province.
[Pasted July 9, 1801.]
Whereas it would be for the mutual advantage of buyers and sellers of flour, pot and
pearl ashes, and tend to establish the credit of those articles in foreign markets, if means
were adopted for the ascertaining the quality of those articles when offered for sale within
this province ; be it enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, " An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, * An act for making more effectual
provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority of
the same. That from and after the passing of this act, it shall and may be lawful for the
governor, lieutenant governor, or person administering the government for the time being,
to appoint one or more persons in every district of this province, at such place or places
as he shall deem proper, as inspector or inspectors of flour, pot and pearl ashes, and the
said inspector or inspectors, before he or they shall enter upon the execution of such office,
shall take the following oath :
II. " I, do sincerely swear, that I will faithfully and impartially, and according
to the best of my skill and understanding, execute the office and duty of an inspector or
examiner of flour, or pot and pearl ashes, [as the case may be] according to the true intent
and meaning of an act of this province, entitled, ' An act to authorize the governor^
lieutenant governor, or person administering the government, to appoint inspectors of flour,
pot and pearl ashes, within this province.' So help me God."
III. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for any person or persons, having flour, pot ch* pearl ashes for sale, to call upon the
inspector to examine the same, who is hereby authorized and required to examine such
flour, by boring the head of the cask, and piercing through the flour, with the usual instru-
ment, in order to prove whether it be honestly and truly packed, and to judge of its quality ;
and the said inspector shall declare the quality of the same, by marking it as superfine,
fine, or middling, and if unsound or soured, he shall also mark the sune on the head of
each cask ; and in the case of pot and pearl ashes, the inspector is hereby authorized and
required to unpack the cask or casks in which it is contained, and to repack the same, and
he shall declare the quality thereof, by marking each cask as first, second, or third sort,
or merely salts, as the case may be.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for such inspector to ask and receive of and from the person calling upon him to
search and examine flour, pot and pearl ashes as aforesaid, for every barrel of flour, three
pence, and for every cask of pot and pearl ashes, one shilling.
Preamble.
Chapter VIII.
An act to prevent the sale of spirituous liquors and strong waters in the tract occupied bff
the Moravian Indians on the river Thames, in the Western district
[Pasted July 9, 1891.]
Wheiubas it is necessary for the comfort of the Moravian Indians, inhabiting that certain
tract of land on each side of the river Thames, called the township of OrfSord, and for th^
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1
C. 9, 10, 11.— FoBn-imsv Ykab or OiidliojB III.— 1801.
better r^^oUitkm of the said Indians, tkat no mm or spirituous liquors shall be sold within
that township ; be it enacted by the King's most exedlent Majesty, by and with the advice
and ooDseot of the legislative council and assembly of the province of Upper Canada^
constituted and assembled by virtue of and under the authority of an act passed in the
pariiament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ' An act for making more efifectual
provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,'" and by the authority
of the same, That from and after the passing of this act, it shall not be lawful for any
person or persons whatsoeveri to sell or barter any rum, brandy, whiskey, or other spiri-
tuous liquors, or strong waters, within the said tract, so occupied by the said Indians.
II. And he it further enacted by the authority aforesaid. That if any person shall be
convicted of selling or bartering any rum, brandy, whiskey, or other spirituous liquors, or
strong waters, within the aforesaid tract, he shall be convicted after the same manner and
be Bubjeet to the same pains, penalties, and fines, as persons selling spirituous liquors
without license are now convicted and fined according to law.
No penoB to sdl or
batter mm, ke. within
the tnet deewied by
the Morariaa ladiaiH.
PeBfOtyi
(Sce40thOeo.m,e4.)
Chapter IX*
Af^att the better to 0dai4 the eatdblMment of the court of IHng^a bench^ to the pre9mt
situation of this province,
[RXPEAX.KD BY 2d OeO. IV, Ch. 1.]
Chapter X*
Jnactto regulate the statute labor to be done upon the roads in the tract occupied by the
Huron Indians in the county of EsseXy in the Western district,
[Pftasea July 9, 1801.]
Wherbas it is necessary that the road which passes through the tract occupied by the
Huron Indians, in the county of Essex, should be kept in good repair ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the l^islative
couiicil and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an a6t passed in the parliament of Great Britain, entitled, '^ An
act to repe^ certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ^ Ab act for making mOre efiectual provision for the government of the province of
Quebec, in North America, and to make further fx-ovision for the government of the said
provinde^'" and by the authority of the same. That the King's high road, which leads
through the said tract, between the township of Maiden and the township of Sandwich,
be kept in good and sufficient repair by the inhabitants of the said townships, that is to
say, the southern half of the said road by each and every person living within and inhabit^
ing the township of Maiden; and the northern half of the said road, by each and every
penon Jiving within and inhabiting the township of Sandwich.
II. And be it further enacted by the authority aforesaid. That the bridge which has
been erected over the river aux Canards shall be, and is hereby directed to be, kept in
good and sufficient repair by the inhabitants of the aforesaid townships generally.
HI. And be it farther enacted by the authority aforesaid. That if any person as aforesaid
shall refuse to work upon the said road, or towards the repair of the said bridge, after he
shall have been warned so to do according to law, it shall and may be lawful for any one
magistrate to issue his warrant to bring such offender before him, and to inflict such
punishment as may now be inflicted upon any defaulter, for neglect or refusal to work
upon any other his Majesty's highways in this province.
IV . And be it further enacted by the authority aforesaid, That the statute labor herein
directed is not to extend beyond the quota of statute labor, as now regulated by .law, but
is to be a part thereof*
Pieenible.
Road betweeil Sand-
wich ud Maiden.
orUt the liref
Penaltj foifrefaaiBC to
woik oo the load or
bridge.
Labor to he done.
(See 48th Geo. III,«
18tf«ndflath»«l.)
Ckapter XI.
An act to prevent the acts of the legislature from taking effect from a time prior to the
passing thereof
[Pawed July 9, 1801.]
Whxuas every act of the legislature of this province^ in which the commencement Preambte.
thereof is not directed to be from a specific time, doth commence from the first day of the
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session in which such act is passed ; and whereas the same ip liable to produce grea& and
manifest injustice ; for remedy thereof, be it enacted bj the King's most excellent lfa|eat;f ,
by and witti the advice and i^onsent of the legislative councQ and assembly of tihe tat>yiiiee
of Upper Canada, constituted and assembled by virtue of and under the .authontf of atk
act passed in the parliament of Great Britain, entitled, ^< An act to repeal eertafai parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^Aq act for mtldng
more effectual provision for the government of the province of Quebec, in Nortfi Ametica,
and to make mrther provision for the government of the said province,' " and by t|^e
authority of the same, That the secretary of this province shall endorse on every act of
the legislature of this province, which shall pass during the present and evevj^ foliire
session thereof, Immediately after the title of 8u<^ act, the day, month| and year, iriien
the same shall have passed iemd received the royal assent, and such endorsement sliall fie
taken to be a part of such act, and to be the date of ita connoenceme^t, where no ottier
commencement shall be therein provided.
Preamble.
Cliapter XII.
An act for granting to his Majesty a certain sum 0/ moneys out of the provincial fund,
to defray the payment of the salaries of the officers of the legislative council and house
of assembly^ (tududing the commissioners to Lower Oanaday) and io defray ike cm^
tingent expenses thereof; and further io appropriate the supplies and provide for the
payment of the same hereafter*
[Pfttaed Jidy 9, ISIB.]
Most gracious Sovereign:
. We, your Majesty's most dutiful and loyal subjects, the commons of Upper Canada, in
parliament assembled, to defray the payment of Uie salaries of the officers of the legisla-
ApproDriaUon of pro- tivc counciI and house of assembly, and for defraying the contingent expenses thereof, as
Tinciai funds. wcllas to defray the payment of the commissioners to Lower Canada, have resolved ti>
give and grant unto your Majesty, out of the rates and duties already raised, levied, and
collected, and hereafter to be raised, levied, or collected, the sum hereafter mentioned,
and do most humbly beseech your Majesty, that it may be enacted, and be it enacted by
die King's most excellent Majesty, by and with the advice and consent of the iMsiative
council and assembly of the province of Upper Canada, constituted and asseHmed hf
virtue of and under the authority of an act passed in the parliament of Great Britain, entitled,
^* An act to repeal certain parts of an act passed in the fourteenth yeiff of his Majesty '•
reign, entitled, ^ An act for mdcing more effectual provision for the government of the jpt^
vince of Quebec, in North America, and to make further provision for the government of
the said province,' " and by the authority of the same, That from and out otthe rates and
duties already raised, levied, and collected, or hereafter to be raised, levied, and collected,
to and for the purposes of paying the salaries of the officers of the legislative couneii and
house of assembly, and for defraying the contingent expenses thereof^ and to and fpr the
uses of this province, there be granted to his Majesty, the sum of two thousand t^ro
hundred and fifty-five pounds five shillings, to be issued out of the provincial fond in the
receiver general's hands, to the uses herewer expressed, and defray the following expenses,
that is to say :
For service^ rendered previous to the present session of parliament, one thousand one
hundred and five pounds, five shillings.
For the services of the present session, as follows :
The clerk of the legislative cotmcil, one hundred and twenty-five pounds.
Orhe usher of the black rod, fifty pounds,
igee 66Ui Geo. Ill, e rpj^^ master in chancery attending the legidative council, fifty pounds*
The chaplain of the legislative council, fifty pounds.
The door keeper of the legislative council, twenty pounds.
\ , The speaker of the house of assembly, tUHi hundred pounds.
The clerk of the house of assembly, one hundred and twenty-five pounds.
. The Serjeant at arms, fifty pounds.
The chaplain of the house of assembly, fifty pounds.
The door keeper of the house of assembly, twenty pounds.
The copying clerlis, a sum not exceeding fifty pounds.
For printing the ^cts and journals of tl^ present session, i^ sun niot exi^^diffg Aim
hundred pounds. x
For furniture for the house of assembly, and other contingent expenses, pursuant to an
' address, sixty pounds.
Two thousand two hundred and fifty-five pounds, five ahilUngg.
Digitized by VnOOQ IC
Ttaam^VAXiMAMBNT. ]
C, lii.-*PoBTT'*Fni0T Y«AK OF GxOROE 111.-1801.
06
IL And be it fbrther enacted, That fliere be granted annually to his Majesty, out of the ^^u^ ivpUeaiifm.
ratee mui dutiea aforesaid, to be issued out of the provincial treasury, from such monies as
naT fimn time to time come into the receiver general's hands, the sum of one thousand
a»d niiiety pounds, to and for the uses hereafter ezjH'essed, and to defray the following
floqieiiaes, that is to say ; seven hundred and forty pounds for the payment of the salaries
of the officers of the legislative council and house of assembly, as recited in the detail for
the aenriee of the present session, and three hundred and fifty pounds for the payment of [ai 6«e 44th g«o. hi,
oopjring deilES, and the printing of the laws and journals, [o] e 6, • i.
Ill* And be it further enacted, That the monies hereby granted to bis Majesty shall
be paid by the recover general, in discharge of such warrant or warrants as shall, for the
pnposes herein set forth, be from time to time issued by his excellency the governor,
UMiteiiaBt governor^ or person administering the government of this province for the time
beiog, aod not otherwise ; and the said receiver general shall account to his Majesty for .g^ ^^ ^^ .„
die same, throu^ the commissioners of his Majesty's treasury for the time being, in such is; 48th, e 6; estiC e
Mode of pftyment
and form as his Majesty shall direct.
82 ft 27.)
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Second Session of the third Provincial Parliament.
MET AT yOBK, ON THE TWENTT-PIFTH DAY OF MAY, AND PROHOGUED ON THE SEVENTH
DAY OF JULY FOLLOWING, IN THE FORTY-SECOND YEAR OP THE REIGN
OF GEORGE III.
PETER HUNTER, ESQUIRE, LIEUTENANT GOVERNOR.
AAao OomiaU ISOO*
Chapter I«
An act the better to ascertain and secure the titles to lands in this promnoe.
[Expired Jvly 7, 18(M.]
(See JBtt^ a?a, III, e
Oomis, fcc. helil i]\ the
oiHSbr districts to be
held ID this district.
Courts of p^^er and
tenqiner, Itc. postpon-
cdtiUldOS. ^ ■
Proriso.
GmcA and eovit hiMse
toheeraeted.
[Hi Bee 4&th Geo. HI,
Chapter II.
4n act to provide for the administration of justice in the district of Newcastle^
[PtoMsdJQl7 7,1802.]
Whereas the counties of Northumberland and Durham, with all the lands in their
rear confined between their extreme boundaries, produced north sixteen degrees west^
until they intersect the northern limits of this province, under and by virtue of a eertaiti
act of parliament, entitled, "An act for the better division of this province," passed in
the second session of the second parliament thereof, (to which the royal assent was
promulgated by proclamation, bearing date the first day of January, in the fortieth year
pf his Majesty's reign,) are declared to be a separate district of this province, tobeciiled
the district of Newcastle ; and whereas it is expedient that the said district of Newcastle
should possess and enjoy all and evcryjurisdiction, privilege, and ad vanti^e, now possessed
and enjoyed by the other districts of this province ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, " An
act to repeal certain parts of an act passed in the fourteenth year of hjs Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That courts of oyer and terminer,
assize, nisi prius, gaol delivery and of the peace, courts of general and quarter sessions
of the peace, district court, surrogate court, court of requests, and every court and juris-
diction whatsoever held, or to be held, possessed, and enjoyed, in and by the other
districts of this province, shall from henceforth, with the like powers and authorities, be
held, possessed, and enjoyed, in and by the said district of Newcastle ; and that all and
every jurisdiction, regulation, rule, privilege, exemption, matter, or thing, which hath or
have been enacted, provided, and declared, or shall be hereafter enacted, provided, and
declared, by any act or acts of the parliament of this province, made or to be made,
touching and concerning the said other districts, shall be, and are hereby extended to that
district, unless otherwise provided for and declared by this act ; and that courts of oyer
and terminer, assize, nisi prius and gaol delivery, shall first be held (unless under special
commission) in and for the said district of Newcastle, during the circuit of the judges of
his Majesty's court of king's bench through this province, in the year of our Lord one
thousand eight hundred and three : Provided nevertheless, that if any cause of action
hath arisen, or shall arise, and any action thereupon hath been or shall be commenced, or
any indictable offence hath been or shall be committed within the said district of Newcastle,
which said action or indictable offence by due course of law might have been brought to
issue and trial, if the said district of Newcastle had not heen erected and constituted, at -
the next assizes to be holden in and for the Home district, it shall and may be lawful a^
heretofore, then and there to try the said actions and indictments, any thing herein con-
tained to the contrary notwithstanding.
II. And be it further enacted by the authority aforesaid, That a gaol and court house
for the district of Newcastle, shall be erected and built in some fit and convenient jdace
within the town of Newcastle, [a] in such manner, and under the same rules, re^lationa^
Digitized by VrjiJOy It:
Pabuamkht.]
C. 3. POBTT'SBOOHD YSULR OF 0EX>li011 III. 1800.
97
and direetions, as in that respect are made and provided in and by a certain act passed in
the thirtj-eecond year of his Majesty's reign, entitled, '^ An act for building a gaol and
coDft house in evi^ry district throughout this province, and for altering the names of the
said distriets," and that all and every the clauses, provisions, rules, regulations, matters,
and things, in the said last recited act contained, shall imder die same penalties as therein
are contained in all cases, and in respect to all persons, extend and be extended to the
district of Newcastle aforesaid.
III. Provided nevertheless, and be it further enacted by the authority aforesaid, That
until such time as the said gaol jand court house, in and for the district of Newcastle
mforemdj shall have been erected and built, whether out of the fund produced by the
district assessments and rates, or otherwise, that it shall and maybe lawful for the majority
of his Majesty's justices of the peace, residing within the district of Newcastle, to
qipoint some place therein for the holding of the courts of general and of quarter ses-
sions of the peace, and of all the other courts, held at a place certain in the said other
distiiots of this province.
lY. And whereas the said counties of Northumberland and Diu'ham, with the said
other lands, now constituting the district of Newcastle, did heretofore belong to and con*
stitute a part of die Home .district of this province, were subject to the jurisdictions,
powers, and authorities, of that district; be it therefore further enacted by the authority
aforesaid, That no jurisdiction, power, or authority, of what nature or kind soever to the
said Home district at this time belonging and appertaining, shall extend or be construed to
extend to the said district of Newcastle : Provided nevertheless, That nothing herein
contained shall affect, change, or in any wise invalidate, the jurisdictions, commissions,
powens, and authorities, wUch heretofore were established, possessed, and exercised, in
that part of the said province which before the erecting and constituting the said district
of Newcastle formed and constituted the Home district, and that all acts, matters, and
things^ which have been lawfully done under and by virtue of the said jurisdictions, com*
missions, powers, and authorities, witiiin that district, so far as respects the validity of
the authority under which the same have issued and are constituted, previous to the
erecting and ccmstituting of the said district of Newcastle as aforesaid, and all acts,
matters, and things, which shall be lawfully done, under and by virtue of the same, in
that pert4»f the province which now forms and constitutes the Home district, so far as
respects tiie validity of the authority under which the same have issued and are consti-
tuted, since the said district of Newcastie hath been so erected and constituted, shall be
held to be valid and good in law to all intents and purposes whatsoever.
V. And be it further enacted by the authority aforesaid. That his Majesty's justices of
the peace, and other persons bearing lawful authority, residing within the said district of
Newcastle, shall hold, enjoy, and exercise, the like authority, power, and jurisdiction,
within that district, at the times and in the manner which they heretofore held, enjoyed,
and exercised, within the Home district, before the erecting, constituting and declaring,
of the said district of Newcastle, or which is held, enjoyed, and exercised, by his Ma-
jesty's* justices of the peace and other persons bearing lawful authority in the other
districts of this province, provided that the authority, power, and jurisdiction, heretofore
exercised by his Majesty's justices of the peace and other persons bearing lawful authority
residing within the said district of Newcastle, shall not in any wise be exercised or
continued within that part of this province now constituting the Home district, but the
same within that district shaU from henceforth cease and determine.
VI. And be it further enacted by the authority aforesaid, That the assessments and
rates levied, or to be levied for this current year of our Lord one thousand eight hundred
and two, within the said district of Newcastle, shall be applied and expended for the like
purposes within that district, as they now are or may be applied and expended under and
by virtue of any act or acts of parliament made or to be made in the other districts of
this province.
ProTuion until guA
and conit hottfe are
ereeted.
Jvrudiction, he. of
Uie Home diftrict to
Present ma^ttratea,
ftcresidiofi; within thia
diatriet to continiM.
But not to have any au-
thoritjr out of it.
AppUcaUoA of
menta and ratea.
(See 82d Geo. Ill, c S,
■ndSSd, cS.)
Chapter III.
An act to declare and ascertain the rates which the receiver general shaU take and retain
to his awn use^ out of the monies passing through his hands^ which are sutject to the *
disposition of the parliament of this province,
[IIepealkd bt liT Will. IV, Ch. 151
Digitized by
Google
C. 4i & — FoKinr-sBocwsp Yaar or ChDoaoft IIL — I80S.
[Skkot
(8ee41rtOeo.III»eff.>
(SoTonor, fce. in eowi-
eil, to deelan additioii-
alportf of entry.
Ooremor, Im. to i^
point eollMton.
€)olleeton so appointed
to IwTe the same poir-
en,fce. m other col-
keton.
(ReriTed and eontinn-
ed ligr 4nh« tf 4»tiid
SOthToft^)'.
Chfipter IV«
An^aetto enable the gMemoTj Ueuienani gavemoF, erpere&ri adminUiermg tite
ment of this provinceyto appaka tmear mare cMUional port or pcrU, pku)e or j^hum
of entry wUMn tkUpravmcBj and to appoint one or more eottecMr or coBedore ol tt#
eame reapectivdu.
pPtesedJnl^^iaOB.]
Whbbea8 it is expedient that further provision be made for the better collectiBg, and
for prevention of the evading of the payment of certain duties imposed on goo& eauA
merchandize brought into this province from the United States of Ameit^ under and
by virtue of a certaiii act of parliament passed in the forty-first year of his Maje^y'i:
rdgn, entitled, ^^ An act fi>r granting to his Majesty, his heirs and successors, to and (ot
the uses of this province, the like duties on goods and merchandize buouj^t into tUi
province from the United States of America as are now paid on goods and merchandise
imported from Great Britain and other places ;" be it therefore enacted by the Ein^s moft
excellent Ms^esty, by and with the advice and consent ot the legislative oeoneil and as8etai>
bly of the province of Upper Canada, constitated and assembled by virtue of and und^ tte
authority of an act passed in the parliament of Great Britain^ entitied^ ^^ An aet to reped
certain: parts of an act passed in the fourteenth year of his Majesty's reigti, entifled^ ^ An
act for making more efiiBctual provision for the government of die provinoe of Quebec,: &i
Nortfi: America, and to make further provision Cm* the government of the said pnmnee,^ "
and by the authority of the same. That it shall and may be lawfol for ttie govenuu'y.Ueii^
tenant governor, or person administering the government of the said provinoe, 1^ and*
with the advice and consent of the esceeutive council diereof, from time to time aeooeaoio^
shaE require, and as to him shall seem meet, to declare and appoint by psodnnnlmior
otherwise, one or more additional p(»t or ports of entry and dewanoe, plaee er places-
(other dian ports) of entry and clearance for all goods and merehandisse not bcwig entinlf
prohibited, and for the payment of all duties liable on all goods and merchandiae hieii^tr
into this province from die United States of Ameriea, imposed and established by vMi^
of the above mentioned act of parliament, passed in the forty-first year of his M^eaty'a
reign, and according to the directions of the same; and that it shall and may be IhwM
for the governor, lieutenant governor, or person administering, the government of tUa
province, under his hand and sedi at arms, to nominate and appoint one (Mr m<H:e cdttaelor
or collectors at the said additional ports of entry and dearahce, and at the plaoe*or phcte#
(other than ports) of entry and clearance, in like manner ashe b now by law auttioriaecl
to nominate and appoint one or more collector or collectors at the respeetive ports- of
entry and clearance particularly specified in the last said mentioned act.
II. And be it further enacted by the authority aforesaid. That aU and eVery the powers,
directions, rules, emoluments, clauses, matters, and things, which in and by the said aot
pissed in the forty-first year of his Majesty's reign, were enacted, provided, and esta-
blished, respecting the collector ot collectors at the respective ports of entry and deanmee
therein mentioned, shdl be, and are hereby extended to such collector or collectors as
shall be nominated and appointed in manner as aforesaid by the governor, lieutenant
governor, or person administering the government of this province, at Uie said addftional
port or ports of entry and clearance, or place or places, other than ports of entry uid
clearance, under and by virtue of this aot.
III. And be it further enacted by the authority aforesaid, That this aot sball be and
continue to be in force for three years, and no longer.
Chapter V.
£8M : 0 :8»gnuited to An oct foT applying a certain sum of money therein mentioned^ to make good certain
defimy ^ ^^js^ monics iaeued and advanced by his Mqj^esty through the lieutenant governor^ in pureu-
^ MMioo. * ^^^ once of two several addresses qf the commons house of assenMy,
[TsaivomARv.]
Digitized by
Google
^}l%k-d Sessioii of tlie tblrd Pravii&eial Pai4iMiieixt«
HKT AT YORK, OM THE TWENTY-FOURTH DAY OF JANUARY, AND PROROGUED ON THE FIFTH
DAY OF MARCH FOLLOWING, IN THE FORTY-THIRD YEAR OF THE REIGN OF
GEORGE III.
f^rm HUirrEE, c:muib£» lieutenaot:* oovsaa^oit.
ABn# jP^QoMaA 1609*
Anaetio allow time for the sale of lands and tenemmds bg the sheriff.
{PftMedMwdi 5,1808.]
WateBSAB it is expedient, in the present circumstaiices of this province, that eome time
should ^me, riler tne issuing of process of execution against lands and tenements, before
IIm ^lM»iHpreeeedB to expose the same to sale ; be it enacted by the King's most excel-
lent Majesty, by and with the advice and consent of the legislative council and assembly
af tile provfaee of Upper Canada, eonstittited and assembled by virtue of and under the
aMiienty of «i act passed in the pariiament of Great Britain, entitled, ^^ An act to repeal
eertm parts of an act passed in the fourteenth yew of his Majesty's reign, entitfed,
^ An set for making more effectual provision for the government of the province of Quebec,
in NefHi America, and to make further provision for the government of the said pro-
vince,' " and by the authority of the same, That from and sdter the end of this present
session of parliament, goods and chattels, lands and tenements, shall not be included in
the same writ of execution, nor shall any such process issue against the lands and tene-
ments untfl the return of the process against the goods and chattels.
11. And be it further enacted by the authority foresaid. That the writ against the lands
and te^MMDts riiaU not be made ratumable in less than twelve months from the teste
tlievsof^ nor ahaU the sheriff expose the same to sale, within less than twelve months £^J^e^sV/'
firpqi iji(s iby on which the writ shall have been delivered to him.
e
Chapter II.
An ad to explain and amend an ad^ passed in the forty-first year of his Majesty^ s reign,
entitled^ ^^An act for granting to his Majesty ^ his heirs and successors ^ to and for the
uses of this province^ the like duties on gOods and merchandize brought into this pro-
vincefrom the UnUed States of America^ as are now paid on goods and merchandize ^^^^^ q^ ,j,^ ^ 5 j
imported from Gi^eat Britain and other places ^ and to provide more effectually for the
eoUectiorn and payment of duties on goods and merchandize coming from the United
States of America into this province^^^ and also to establish a fund for the erection and
repairing of light houses.
[Repsaled bt 4th Geo. IV» Cb. 11.]
Recital.
Chapter III.
An ad to authorize the governor, lieutenant governor, or person administering the go-
vernment of this province, to license praditioners- in the law.
[PMted March 5, 1806.]
WHJBii|L/is great inccmvemence has arisen, and is now experienced, by his Majesty ^s
subjects in several parts of this province, from a want of a sufficient number of persons
duly ^thorized to practise the profession of the law, and unless the number can be
apeedHy increased, justice will in many places be with great difficulty administered ; be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assemoled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^' An act to repeal certain pai'ts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
Airther provision for the government of the said province,' " and by the authority of the
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160
C. 4. — FoBTT-THiAD YfiAR OF Oaosos III.— '1803.
[Trim> ft]
OoTenor, fto. aiithor-
ised to Ucente liz per>
Msn to pnetiBci the
profettioB of the biir-
Before any person ^-
plies to the goremor.
ecctneh penon •hall
procare a certificate
mmiTthe court of king's
bench.
Alter enrofanent of any
penon onderthls act,
lie ia to anbaeiibe the
mles of the Uw socie-
ty, and the society to
sSbnit him a member.
Fees to the coremor's
secretary and clerk of
the crown.
same, That from and after the passing of this act, it shall and may be lawful to and for the
gOTemor, lieutenant governor, or person administering the government of this province,
to authorize, by license under his hand and seal, such and so many of his Miyesty's lie^
subjects, not exceeding six in the whole, as he from their probity, education, and condition
in life, shall deem fit and proper to practise the profession of the law in this province ;
and that upon producing every sUch license to the clerk of the crown and pleas in this
province, the name of such person so licensed shall be inscribed on the roll of attomies
of the court of king's bench, and each and every person whose name shall be so inscribed
shall, after having been admitted a member of the law society in manner hereinafter
m^entioned, be authorized to practise the profession of the law as fully to all intents and
purposes as any barrister and attorney now practises the same in this province.
II. Provided always, nevertheless, That before any person shall apply to the governor,
lieutenant governor, or person administering the government of this province, for such
license as aforesaid, such person shall apply to the judges of his Majesty's court of king's
bench, and shall procure from that court a certificate, under the hand of the chief justice,
or in his absence, of the senior puisne judge of the said court, that such court is satisfied
of the ability and fitness of the party so applying to be admitted to practise as a banister
sxi^ attorney in this province. •• *
III. Provided also, and be it further enacted. That from and after the enrolment of any
such person or persons under the authority of this act, he shall o£fer himself to the Uw
society of this province, and shall ofifer to subscribe and conform to the existing rules and
regulations of tiie said society, and such society is hereby required to admit him a memb^
of the same.
IV . And be it further enacted by the authority aforesaid. That it shall and may be lawful
to and for the secretary of the governor, lieutenant governor, or person administedflg the.
Sovemment of this province, to demand and receive the sum of two pounds, on the
elivery of each and every such license as aforesaid, and for the said clerk of the crown
and pleas to demand and receive the sum of thirteen shillings and four pence, lor inaorib*
ing tixe name of each and every person so licensed upon the said roU.
Recital.
Grants to two or more
persons and their heirs
to be construed to ope-
rate as giving estates in
ccmunon, unless ex-
pressed in saeh grant
to be toliie use of such
grantees as joint tenants
The rights of purch*-
sers, mortgagees, kc^
not to be impeached.
Chapter IV.
An act to declare the rights of certain grantees of waste lands of the cfoion.
[Passed March 5, ISdS.^
Wherbas several grants of waste lands of the crown did, previous to the first day of
July, in the year of our Lord one thousand eight hundred, pass the great seal of this
province, to two or more persons and their heirs ; and whereas it was his Majesty's gra-
cious intention, and also the understanding of the grantees, that such persons should hold
their lands under such grants as tenants in common, but such grants were erroneously so
drawn and issued as to convey to the grantees estates in joint tenancy ; and whereas the
rights of many persons may be thereby affected, and the gracious intention of his Majesty
fi-ustrated ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, * An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same, That all grants of the waste lands of the crown, which, previous to the said
first day of July, in the year of our Lord one thousand eight hundred, passed the great
seal of this province to two or more persons and their heirs, shall, from and after the day
of the date of such grants respectively, be taken and construed in all courts of law and
equity, to enure and operate as giving to the several grantees estates in common, and not
in joint tenancy, unless it shall be distinctly expressed or declared in the said grant, that
such lands were to be held by, or to the use of such grantees* as joint tenants, any law to
the contrary notwithstanding.
II. Provided always, nevertheless, and it is hereby declared. That nothing herein con-
tained shall extend, or be construed to extend or impeach, or in any manner to affect the
rights of any bona fide purchaser, mortgagee, or other incumbrancer, for valuable
consideration ; provided such purchasers, mortgagees, or other incumbrancers, can show
their right, claim, or title to have vested previous to the passing of this act.
Digitized by
Google
Tmmm Pabuakbmt.]
C. 5, 6, 7, 8, 9.— PoRTT-TRnB Ykar or Ombox III.— 1808,
IM
Obapter V« {AmeBd«dbyOBthG«v
Jn act to emMe married toomen^ having real estate^ mare canvementty to alien and ^^^^woiS'iv^
convey the same. i4.--Se theVt ifo
[Repibalsd Br ItT Will. tV, C^r 8-]
Chapter Til.
An act to repeal for a limited time^ part of an act passed in the thirty-f&arth year of Ms
Majesty^s reign^ entitled^ " An act for the regulation ofjuries.^^
[Expired Mabcr 16, 1808.]
Chapter VIII.
An ad to atMorvte (he attorneys now practising^ or hereafter to be duly admitted to
practissy to take such number of clerks as therein mentioned.
[ScB 47tb Geo. Ill, Ce. 6.]
Hweh, 1881.)
Chapter VI*
An ad for farther attertng and amending an act passed in the thirty4hird year of his
Majesty^ s reign^ entitled^ " An act to encourage the destroying of wolves arA hears
in different parts of this province.^^
[Repealed bt ^tr Geo. III» Ch. 2.]
Chapter IX.
An ad for the better securing to his Mq/esty^ his heirs and successors, the due colledion
and receipt cf certain duties therein mentioned.
[Patf ed Mareh 5, 1808.]
Whsrxab the regulations and usages which have heretofore been established and
hitherto observed in the issuing of licenses to persons to sell by retail, wine and spirituous
liqaoiv, or to use and employ stills for the distillation of spirituous liquors, have been
found dilatory and circuitous, and thereby injurious to his Majesty's revenue arising
therefirom; for remedy thereof, be it therefore enacted by the King's most excellent
Majesty, by and with die advice and consent of the legislative councO and assembly of the
province of Upper Canada^ constituted and assembled by virtue of and Under the authority
of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain
parts of an act passed m the fourteenth vear of his Majesty's reign, entitled, ^ An act
for making more effectual provision for -the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That from and after the fifth day of April now next
ensuing, such parts and so much of five several acts, which heretofore have passed in the
parliament of this province, that is to say, an act passed in the thirty-third year of his
Majesty's reign, entitled, ^^ An act to establish a further fund for the payment of the
salaries of the officers of the legislative council and the house of assepibly, and (c^
defraying the contingent expenses thereof;" an act passed in the thirty-fourth year of his
Majesty's reign, entitled, '' An act to lay and collect a duty upon stills ;" an act passed in
the same thirty-fourth year of his Majesty's reign, entitled, ^* An act for regulating the
manner of licensing public houses, and for the more easy convicting of persons selling
spirituous liquors without license ;'^ an act passed in the thirty-sixth year of his Majesty's
reign, entitled, ^^An act to amend an act, entitled, ^ An act for regulating the manner of
tjeensing public houses, and for the more easy convicting of persons selling spirituous
liquors without license ;' " and an act passed in the thirty-seventh year of his Majesty's
reign, entitled, ^^ An act to increase the reventie, and to compel the accounting more
r^ttiariy for the same to the treasurer of the province," as regard, or in any wise respect
the secretary of the province, his agents or deputiecs or any of them, or which authorize
the said secretary, his agents ordeputies^orany of them,to receive, distribute, or account
tor any license or licenses, issued by the governor, lieutenant governor, or person admi-
nisterittg the government, for the time being, for the purposes and to the intents in the said
several five last recited acts, or in any of them mentioned and contained, or which require
or dttect any application or written requisition to be mad^ to the said secretary, his
IS
Preamble.
Repeal of pvt «f Arm
CSSd G«o. III. € 10;
84th, ell; S4th, el2;
86Ui, c S, ft 87Ui, e 11,
aofarai relatM to tlM
dtttiei of the eeeretary
eftheproYmoe.)
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C. 9.— FoRffT-nmo YsA» or G]M>b»b UI.— '180S.
[T9f»'§Wimmi
iMpaeion to be ap-
pouted ip Mfihdiatrm
Mode of obtaining li-
Inipeeton to ascertain
persons telling wine or
•piriti without license,
orttsing stills without
license, or larger stills
than those licensed,and
to proceed against of-
fenders.
(fi6a44thG«». Ill, e
iBspeetor of the dis-
trict to render account
to the inspector gene-
-fal cfthe prorinee.
Allowance to the m-
speetorofthe district.
la^eetor of eael^ dis-
triet to taker-
deputies or agents, or any of them, touching, or in any wise concerning any purpose^
matter, or thing, in such acts, or any of them, contained, shall cease and detemune, and
shall be, and the same are hereby severally and respectively repealed accordinghr*
tl. And be it further enacted by th& authority aforesaid. That it shall and may he lawful^
from time to time, and at all times hereafter during the continuance of this act, to and for
the governor, lieutenant govenibr, or person administering the government in this pro-
vince, for the time being, by an instrument in writing under his hand and seal, to authorize,
commission, and appoint, during pleasure, in each and every district in this province, some
fit and discreet person to be inspector, who shall, in the district for which he shall be so
appointed, superintend, cdiect, and account for, (as hereinafter provided,) his Muestv's
revenue, arising from and by such license or licenses, as from and after the said fifth aay
of April now next ensuing, shall and may at any time or times thereafter issue to any
person or persons within the district in which such person shall be so appointed inspector
to or for any of the purposes, ends, or intents, in the said last five recited acts, or in anv
one of them mentioned or contained ; which inspectors, when so authorized, commissioned,
and appointed, as aforesaid, shall severally, within their respective districts, have, hold,
and possess, all and singular the powers and authorities, and shall and are hereby severaOy
required to exercise, perform, and fulfil, all and singular the duties required of or imposqd
upon the said secretary of the province, his deputies or agents, or any of them, by any
of the said last five recited acts, except so far as such duties are varieu, or are otherwise
provided for by this act.
III. And be it further enacted by the authority aforesaid, That in all cases not other-
wise provided for in and by this act, each and every person desirous of obtaining a license
or licenses, under the provisions of the said last five recited acts, or any of them, shall,
under the respective restrictions smd penalties therein severally specified and contained^
and inonanner and form therein and thereby respectively directed, make such application,
and in and by a written requisition, furnish such specification to the inspector of the district
wherein any such applicant may be desirous of being licensed, as in and by any of the
said acts it is specified, directed, and provided, to be made or done to the said secretary,
his agents or deputies, or any of them.
IV. And be it further enacted by the authority aforesaid, That it shall be the duty of
each and every inspector to be appointed under and by virtue of this act, in the distriet
in which he shall reside, and each and every of them is hereby required to ascertain by
every means in his power, whether there is or are any person or persons in such district,
who sell, vend, or barter, directly or indirectly, any wine or spirituous liquors by retail
without a license, or who shall have in his, her, or their possession any still or stills, need
in distilling any spirituous liquors, without license for so doing, or whether any person or
persons having received a license* for any still ok stilk, do make use of any still or stilU
other than such as shall have been so licensed, or shall use any still or stills of greater
capacity than such as shall have been specified by the person or persons using the saoie
to the said inspector, and if it shall appear to the said inspector that there is or are any
such person or persons selling any wine or spirituous liquors without license, by retail,
or shall have in his, her, or their possession, and shall use any still or stilb without
license, or shall use any larger still or stills than such as shall have been licensed as
aforesaid, the said inspector is hereby authorized and required to proceed against such
ofifender or ofienders in the same manner and form as any complainant is directed ui the
before recited acts, or any of them, and such ofiendcr or offenders shall be convicted ia
the same manner and form, and be subject to the same pains and penalties, as directed
and imposed by the said before recited acts, or any of them, and the said penalty and
penalties so inflicted or imposed shall be disposed of and paid in the same manner as
directed and required by the said acts, or any of them.
V. [Repealed by 56th Geo. HI, c 3, s 1',]
VI. And be it further enacted by the authority aforesaid, That it shall and may be
lawful to and for each and every inspector, out of all and every tlie sum or sums of nH>ney
which under and by virtue of this act he shall collect, receive, and account for, from anjr
person or persons to be licensed to sell or distil any spirituous liquors under and by virtue
of th^ before recited acts, or any of them, to take and retain, over and above such svam
or sums of money as is or are hereinafter allowed him, to his own use and benefit, a sum
not exceeding ten pounds for every hundred pounds which he shall so collect, reoeivei
and pav, or cause to be paid, into the hands of the receiver general of the province^ 9i
hereinbefore directed, and so in propoi-tion for eVery greater or lesser sum.
YII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for, and each and every inspector who shall be appointed under and by virtue of
this act, is hereby required, before he shall enter upon the execution of his said offi^, to
Digitized by VnOOV IC
Twfiat PjoajuiM^m. ]
C. 10.--Poi»T-TRfii!» TsAm or Gcoboc III.— 1803.
fOB
tike nd sulwapfte the following oath, whieh oath shall be taken before anj two of h&
Mhlefltj-'a joatieM of the peace in and for the district in which such inspector shall be so
i^>poAted^ who are herebj authorized and required to administer the same, and to transmit
a certificate of such inspector having taken such oath before- them, to the governor, lieute-
nant governor, cr person administering the government of this province for the time being :
*^ I, A. B., do swear on the holy evangelistsof Almighty God, that I will well and truly
execute, do, and perform, the duty of inspector of his Majesty^s revenue arising from
aliop, tavern, and still licenses, and will duly and im{>artially superintend tHe collection
thereof, according to the best of my skill and knowledge, and in all cases of fraud or sus-
picion of fraud that shall come to my knowledge, I will spare no person from favor or
afiection, nor will I aggrieve any person from hatred or ill will ; and that I will in all cases
fidthfully do, execute, and perform, to the best of my skill and knowledge, all and every
fhe duties imposed upon me by an act passed in the provincial parliament, in the forty-
third year of nis Majesty's i:eign, entitled, * An act for the better securing to his Majesty,
his heirs and successors, the due collection and receipt of certain duties therein mentioned.' "
Provided alwarsi and be it further enacted by the authority aforesaid, That no inspector
to be ajppointed under aftd by virtue of this act, shall enter upon the ex^ution of his office,
until he shall have given security by two sureties, in two hundred and fifty pounds each,
and himself in five hundred pounds, to his Majesty, his heirs and successors, for the due
performance of his office.
YIII. And be it fiurther enacted by the authority aforesaid^ That it shall and may be
lawful to and for each and every inspector to be appointed under and by virtue of this
act, and he is hereby allowed to demand and to take the following fees : For filing every
requisition for a stUl license, one shilling and three pence ; Tor issuing the license, two
ffhmingi and six pence ; for filing the certificate of the magistrates and clerk of the peace
to the person requiring tavern license, one shilling and three pence ; for issuing the license,
two ghillings and six pence ; for issidng a shop license, two shillings and six pence ; aily
tiling contained in the said before recited acts, or any of them, or in any other law^ usage,
or regulation, to the contrary in any wise notwithstanding.
IX. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the secretary of the governor, lieutenant governor, or person administering the
government of this province, to demand and take the sum of forty shillings, on delivery of
each and every commission granted under and by virtue of this act.
X. And be it further enacted by the authority aforesaid. That this act shall be and
continue to be in force for and during two years, and from thence to the end of the then
next enstiing session of parliament, and no longer.
Oath.
iBtpeetoif 0f Hm dfi-
triet to giralieevrity.
Feei to tko diftrieC la-
fpeetor.
Feet to Uie lievtoaanl
goreraor'f tecffeUiy.
CootiMittiieft ofthif act
(Continued by 40tli
Geo. Ill, e a. P^rpe-
taal by 48ch Geo. ni»
cS. 86e59aiGM.lIl,
ea)
camfiter X.
A^ ect'to ^eocUnd ike pratnsions of an act passed in the tkirty-fourth year of his Majesty^ s
teigny auMtfed, ^ An act to restrain the custom of permitting homed cattle^ horses^
9hup, and surine^ to run at large.^^
[PMiedMereh 5, 1808.}
Bb it Muusted by the Kmg's most excellent Majesty, by and with the advice and consent
of the leeblative council and assembly of the province of Upper Canada, constituted and
aMftodiled by virtue of and under the authority of an act passed in th^ parliament of Great
Biilaiiif e&titled^ ^^ An act to repeal certain parts of an act passed in the fourteenth year
of kit Ifaieaty'a reign, entitled, 'An act for making more effectual provision for the
nremment of the province of Quebec, in North America, and to make further provision
mt the gDvernment of the said province,' " and by the authority of the same, That when-
ever any horses, cattle, sheep, or swine, taken damage feasant, or running at large contrary
to law, ahali be empounded in the pound of any township, parish, or place, it shall be the
dfBdkf tit the poniid keeper to feed the same, for doine which he shall be entitled- to an
idiooranee over and above his fees as pound keeper, which allowance shall be fit)m time
io Hme vegulated by the justices in quarter sessions.
11. Am be it enaeted by the authority aforesaid. That in all such cases, the pound
irooprr, within forty-eif^t hours aiter the distress shall have been empounded, shall cause
o Botiee thereof in writing to be affixed in three of the most conspicuous and frequented
porta of the township, parish, or place, which notice shall give a description of such dis-
> and apeeify when and where the s^aid distress was intended to be sold ; and if the
of ainh dOstress, or some person on his behalf, shall not, within fifteen days after
ootke diaH have been so affixed, redeem the same by paying the charges of the
potmd ke^ier, and also by paying or tendering the damages or penalty, if any, at the place
wfaere tlie pound b kept, it shall and may be lawAd to and for such pound keeper to cause
Digiti
(Amended by fid Geo.
IV, cU.)
Wbenercr any Lonee ,
cattle, sheep, or twinc^
taken, they may be eoi-
pounded, Kc.
The pomd keeper
within forty-eigiht.
houra to glre notice ef
Mle, &c.
zed by Google
m
C. 11*— FoMnMBBmD Ykab w GfamMB Itt— 1803.
[TUBB 6]
If tlM owner of any dif -
ticsf ahall not Appear,
mrticefl tosiiiiiniCNHn*p>
Bolden to Mseas dam-
aget, 4o.
Swine not tojro at larg#
in York, Niagara*
NewJ<
*, - * ^K"n«»t«h or
New Johnitown.
[a1 All repealed ezeept
as to Qneenaton and
New Johnetown, bj 2d
GeA. IT, e 11.
(See 84tli Gm. Ill, e
8. Ai to sheep, see
44th Geo. 111,0 4.)
sttcli distress, or so much of tbe said jfotress, to be sold, and after dednetoig in the AM
place his own charges, to pay the damages or penalty, if any, to the person entitled thereto,
and after payment of such chaiges, drauiges, or penalty, to retinn the suiplns, if any, to
the owner.
III. And be it further enacted by tbe authority aforesaid, That if the owner of any
distress, or some person on his behalf, shall not appear, or shall dispute the amount of the
damages claimed, it shall and may be lawful for the pound keeper to apply to some nei|^
boring justice of the peace, who is hereby authoru^ed and required forthwith to summon
three freeholders, to whom he shall administer an oath well and truly to assess the damages ;
and where the said freeholders shall not agree, tbe determination of the majority of them
shall be conclusive as to such damages : Provided nevertheless. That nothing herein
contained shall be construed or taken to restrain the owner of the distress from institutiiig
any suit or suits in consequence of any distress or distresses to be made under the authority
of this act, in which nothing shall be tried or called in question, except the legality of
taking or empounding such distress or distresses.
lY. And be it enacted by the authority aforesaid. That from and after the first day of
May next, it shall not be lawful for any person or persons resi4ing in the several towns
of York, Niagara, Queenston, Amherstburgh, Sandwich, Kingston, or New Johnstown, [o]
to have any swine going at large in the said towns ; and if any swine, belonging to any
such person or persons, shall be found at large in any of the towns aforesaid^ such person
or persons shall for every such swine forfeit and pay the sum of ten shillings, to and for
the use of his Majesty, his heirs and successors, to be accounted for unto his said Majesty
through the commissioners of his Majesty's treasury, for the time being, in such manner
and form as his Majesty shall direct, to be recovered in a summary way, before any one
of his Majesty's justices of the peace, either upon the confession of the party complained
of, or upon the oath of one credible witness, which sum, after the party shall be so
convicted, shall be levied by distress and sale of the offender's goods and chattels, returning
the overplus, if any shall arise upon such sale, to the party complained of, after deducting
the said sum of ten shillings, and the charges of the sale.
Preamble.
ErerT member haTing
attenoed, to reeeire
from the speaker a war-
rant ;
and may demand of
the justices, a >am not
exceeding lOe perdaj;
whieh shall be leried
bj afliesiment.
Chapter XI.
An act the more conveniently to collect the compensation to the members of the house qf
assembly for their attendance in their duty in parliament^ and to repeal part of an act
passed in the parliament of this province in (he thtrty-third year of his Majesty^s reign,
entitled^ ^^ An act to authorize and direct the laying and cMecting of assessments and
rates within this province^ and to provide for the paymont qf wages to the house qf
assenMy.^^
[PMeedMw«hS»]S08.]
Whkrsas the present mode of assessment for makine compensation to the members of
the house of assembly, for their attendance in their mity in parliament, is found to be
inconvenient ; for the more easy collection and pavment of the same, be it therefore enacted
by the King's most excellent Majesty, by and witn the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act to make more effectual provision for the govermnenftof
the province of Quebec, in North America, and to make ftulher provision for the govern-
ment of the said province,'" and by the authority of the same, That after every prorogation
and dissolution of tbe assembly of this province, it shall and may be lawful tot every
member thereof, bavins attended, to receive from the speaker of the house of assembly, a
warrant under his hand and seal, signifying the time that such member hath attended his
duty in the said assembly ; and every member possessed of such warrant shall and may
ask and demand of the justices of the peace for the district in which the county or riding
represented by such member may be situate, in their general quarter sessions assembled,
a sum not exceeding ten shillings per day, for every day that the said member shall have
been engaged in the attendance of his duty in the house of assembly, and have been
necessarily absent from his place of abode in going to or returning from his attendance ;
which sum it shall or may be lawful for the said justices to levy, by assessment to be made
on each and every inhabitant householder in the several parisli^s, townships, reputed
townships, or places, within the county or riding represented by such member, in the
same manner and form as by law any assessment may now or hereafter be levied, for any
public purpose in any district in this province ; and for the said justices to issue their order
upon the treasurer of the district to pay the amount of the sum to which any such member
may be entitled, out of the monies which may come into his hands, under and by virtue
Digitized by VnOOV It:'
Taiwi.T^BUAMBNT.] C. 19.— FoBVT-CTiu> YjBAft or Gbobob ni.— ^1809. M0
«Teiy member, who may now or bereafter repreaent part of two or more districts, to ask Sm!%, ke tB/^fjS^
and demand from the speaker of the house of assembly, who is hereby authorized a»l 3r^*rt!?T!l£S^
«« to tilt Mglfujj
required to grant the same, a warrant directed to the justices in general quarter sessions mt^^^uAoL^
assembled, of each of the said districts which the said member shall so represent, which
warrant shall specify the sum that each district is liable to pay, and the justices thereof
respectiTely are hereby required to cause the sum specified in such warrant to be collected
and paid to ike said member, in manner and form as hereinbefore directed.
II. And be it further enacted by the authority aforesaid. That the thirtieth clause of ThiitMth eiMM or fofw
an act passed in the pariiament of this jni>yince, in the thirty-third year of his Majesty's ">»*^ '>P«*i^
reun, entitled, ^^ An act to authorize and direct the laying and cdlecting of assessments (SoeSSdGoo. ui^eSL)
and rates within this province, and to provide for the payment ol wages to the house of
nsaembfy," shall be, ud the same is hereby repealed.
CImpter XII.
An act parfieularizing the property j real and personal, wHch, during the conHnuanee
theteify ekaU he Mbjed to aseesemenls and rates, and fixing the several valuations at
wUeh ecuA and every particular of such property sftofl be rated and assessed.
Digitized by
Google
Foiirtli Session of the third Provincial PftrUamenf .
BfET AT TORE, ON THfi FIRST DAT OF FRRRUART, AND PROROaURD ON XBR HiNTil AAf
OF JIf ARCH FOIXOWINO, IN THE FORTT-FOURTH YRAR OF THB REION OF
OEORGS IIU
PETEE HQXmBRt SSKHTIRSi LIBOTENANT G0TBB90B.
Ajuko nomlnl 160A*
dmpter It
An act for the better securing this province against all seditUms aJttempts of designs to
distufi the tranquility thereof.
[RsrsALED BV lOra Oxo. IV, Ch. 5.]
Any penoB^ proenrinr,
penudiiig; Ste. aol-
dien to aeMit, to bo
conmittod to nol for
■iz BOBthi, anoif finind
ozpodiont, judge maj
order him to pay £469
and if not paid, to be
pabHcly whipped.
PenoBf berboring do-
■etten to forfeit £20,
Md if not pud, to be
" ' to gMilfbr
Chapter !!•
An act for the exemplary punishment of all and every person and persons who shatt
seduce^ or attempt to seduce^ or aid or assist, or attempt to aid or assist, any soldier
to desert his Majesty^s service, or who shaU harbor, conceal, receive, or assist, any
deserter from such service,
. CPaNedMBreb9,]jBM.]
Whereas pernicious practices have for some time past prevailed in this province, by
evil disposed persons, disaffected to his Majesty's government, and particularly to the
military service thereof, in seducing and deluding Us subjects, who had engaeed them*
selves as soldiers in such service, and prevailing on them to desert, and also in harboring,
assisting, and concealing, such deserters ; for remedy whereof for the future, and for the
exemplary punishment of such persons in such cases offending, be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative eoundl and
assembly of the province of Upper Canada, constituted and assembled by vartae of ttid
under the authority of an act passed in the parliament of Great Britain, entitled, ^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's re|j^,
entitled, ^ An act for making more effectual provision for the government of Ae provmce
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That from and sSer the passing of
this act, if any person or persons whomsoever (other than such as are or shall be eidkted
as soldiers) shall, by words or with money, or by any other ways or means whatsoever^
directly or indirecdy prevail upon, procure, persuade, or encourage, or ^ideavor cr
attempt to prevail upon, procure, persuade, or encours^, any such soldier or soldiers to
desert or leave his Majesty's service, and shall be thereof lawfully convicted, the court
or judge before whom such offender shall be so convicted, shall immediatdy, on. sudi
conviction, award and adjudge such person and persons so convicted as aforesaid, to be
committed to the common gaol of the district where such offender shall be so tried, there
to remain without bail or mainprize for the space of six calendar months ; and if from tiie
circumstances and heinousness of the crime, it shall be thought proper and expedient to
increase the punishment, such court or judge shall also further award and adjudge, dial
such pffender, so convicted as aforesaid, shdl forfeit and pay a sum not exceeding forty
pounds, and if such offender shall not, on or before the tlurd day previous to the expira^
tion of such imprisonment as aforesaid, pay such fine, then in such case the said offender
shall be publicly whipped. ^
IL And be it further enacted by the authority aforesaid, That if any person, from and
after the passing of this act, shall harbor, conceal, receive, or assist, anv deserter from hk
Majesty's service, knowing him to be such, such person so offending shall forfeit the ama
of twenty pounds, and if such sum of twenty pounds shall not, immediately on sueh
conviction being pronounced, be paid into court, the court or judge, before whom such
conviction shaU be had, shsiU forthwith award, order, and adjudge, such offender to be
Digitized by VniJOy IC
.]
C. 9«-^FoaTY-K>iiaTH Yzam ow Gmmm III.— *1804.
•nr
WMimiH^ l» 4be ocuvioa gaol of the distrki in which dUeh offender shall be so coBvietedi
ikfKt 4o remain without ba& or mainprize for the space of three calendar months, or until
aMck liflia, aotedEceeding three calendar months, as the said sum of twenty pounds shall
be paid.
HI. PffOYided neyerthelessi That no conviction shall be pronounced under the authority
of this ad, in any court or jurisdiction whatsoever in this province, save and except by
indiolHiient preferred or presented before a court, or judge or judges sitting in the execution
•f ^ ccmttBiasion of oyer and terminer and general g»ol delivery ; nor shall any prosecution
be CMrri8d.oil by virtue of this act, if the same shidl not be commenced within six calen*
dar Miatbi next after the ofenee shall be charged to have been committed, unless the
eAmder shall within the said six mmiths have departed and left the province, in which
oaaO ii 4sball and may he lawful to commence such prosecution at any time within six
eriandar months next after such oflfeader's return into the province, and to carry on the
aane to eonvietiett^ but it is hereby declared, that the issuing any virarrant for the appre-
hiittdi^ of any paraon charged with any offence against this act, by any one of his Majesty's
Jualiote of the peace for this province, shall be held and deemed to be a commencement
9t a jmsaeiltioR, withiiEi the true meaning of the provisions herein in that respect con**
tained*
IVk And be il enacted by the authority aforesaid, That in order the more effectually to
yreveiiit the esca^ of any such offender or offenders as aforesaid, it shall and may be
lawfiil at any tiioae, from and after the passing of this act, to and for any one or more of
bia Mijealy's Justioes of the peace, on due proof upon oalh being made before him or
them, that any pers<m has committed any one of the offences hereinbefore described, to
issue his or their warrant or warrants for the apprehension of such offender or offenders,
or perwn or persons charged with such offence, and to cause such offender or offenders,
or such person or persons so charged as aforesaid, to be brought before him or them, and
upon the examination of such offender or offenders, and hearing the evidence, such justice
or jostices of the peace shall discharge or commit to prison, or shall bail such offender or
offsndera^ in like manner as by law any other person or perscms charged crimindly is or
lire dealt with ; save and except, that if such justice or jucitices shall be satisfied with the
evidence i^;ainst such ctfender or offenders, such justice or justices shall commit such
offisoder or offender to the common gaol of the district, or in case there shall be no gaol
in that district, to the common gaol of any adjoining district, and such offender and offend-
ers shall remain so committed until his, or her, or their trial shall be brought on, unless
such offender or offenders shall, with two good and sufficient sureties, to the satisfaction
of the said justice or justices, become bound by recognizance to our sovereign lord the
King, in .manner hereinafter specified, (that is to say,) if the*said offender shall be charged
with having committed any offence against the provisions in the first section of this act
eaiiteiiied, men sueh offender or person so charged shall become bound in the sum of two
hondied pounds, and each of such sureties in the sum of one hundred pounds, and if such
eiender shall be chaiged with having committed any offence against the provisions in the
second aeetion of this act contained, then such offender or person so charged shall becMne
bound in the sum of forty pounds, and each of such sureties in the sum of twenty pounds,
eiMiditMNMd in each of such recognizances, for the appearance of such person so charged
with any offisnee against this act, at the then next assizes, or session of oyer and terminer
and general gaol £livery, to be holden for the district where such offence shall be charged
to be oommitted, w at such other or future assizes or session of oyer and terminer and
ganeral gaol d^very, to which the trial of such offender shall for just cause be adjourned*
V. Plovided likewise, and be it further enacted. That if it shall happen that any con-
▼ietioa under this act shall take place in any district where there shaU be no common
gpol at the time of such conviction, it shall and may be lawful to and for the court or
Jwlfli before whom such conviction shall be had, to award, order, and adjudge, that any
suds offisnder or offenders so to be convicted shall be committed to the common gaol of
aity adjoining district, in which there shall at that time be a gaol, imd also to order and
adjiw^, that any forther punishment to be inflicted under the authority of this act, shall
be^nflieled either in the district where such conviction shall take place, or in the district
to die gaol of which sueh offender shall be committed, as to such judge or court shall seem
meet; and in case ot any cotmnitmentby any justice or justices of the peace before triat,
or el amy eomnntment by any such court, or judges as aforesaid after conviction, under
the authority by this act given, the treasurer and gaoler of the district to the gaol of
whi«tkiiieh ofender, or person charged with or convicted of any offence against this act,
shall be eommitted, are, and each of them is hereby respectively required, to allow to
eaeh peraott duiing his or her commitment or confinement there, such and the like main-^
tenanee and aubeistence as is by law allowed to persons in custody under any criminal
chavgai and the treasurer of the district from which such offender or person so charged
or convicted shaU be so sent, dball, and he is heteby required, to reimburse and pay to
Digitized by
Profleeutioii to beoom-
menced within lix cft-
offender shall Icare Um
proYiiie«. then within
•iz monthf after hia le-
torn.
Iwning waiffant«a eoMr
mencement ofbroaeca-
Uon within fhU«et
Jnsticeito imm wtr-
rantfl.
andtocomnit fovhiiL
Prorif ion for caief in
which there thall be no
eommon gad in the
district
AOowanee to priaoncrs.
Google
108
. C S, 4. — Foiecr-tovKCU Yb&b oi> Qmamem III<— 1804.
[
FittMto be Moomitod
the treasurer of the district in which such person shatt hare been confined, out (rf the fini
monies which shall come to his hands, such sum and sums of money as shall have teen
so lawfully expended, according to the provisions in that respect horeiiibefore contained,
for the maintenance and subsiistence of any such person or persons as aforesaid.
YL And be it further enacted, That in case any such person or peiwms as afMesaid
shall, by virtue of this act, be committed before trial to any gaol other than the gael of
the district in which the offence shall be charged to have been eommitted, the ahenff of
the district in which such offence shall be chwged to have been committed, shall, and he
is hereby required and commanded, immediately before the assize or session at wha^
any trial for any offence against this act shall be had, to convey such person so charged
from the gaol in which he or she shall be so confined, to the district where sndi oSenee
was charged to be committed, and there to keep him or her in close custody and confine*
ment, and have such person ready to take his or her trial at the assizes or sesrion of oyer
and terminer then next ensuing; and all and every sheriff and sheriff}, oenstaUe and peaee
officers of this province, is and are hereby required and commanded to execute and obey
all and every warrant and warrants, order and orders, sentence and sentences, which ahay
be pronounced or issued by any such court or judge, justice or justices, as are heseiDbefiitm
mentioned, for the purpose of carrying the provisions of thi& act into execution.
VII. And be it further enacted by the authority aforesaid, That all the fines, fiBrfeitnies,
and jpenalties, that shall be incurred under and by virtue of this act, shall be accounted for
to his Majesty, his heirs and successors, to and for the public uses of this provinee,
throi^ the lords commissioners of his Majesty's treasury tot the time being, |n sueh
manner and form as it shall please his Miyesty to direct.
tilliG«o.III,el
Chapter III.
An act to repeal certain porta of an act passed in the thirtjf-fowrth year of his Mafesijfs
reign^ entitled^ ^^ An act to establish a superior court ofcMl and criminal jurisdiction
and to regulate the court of appeal^^^ and to authorize his Maje^y^s court of king^s
bench in this province^ to reguUUe certain fees^ costs, and charges^ therein menMonad.
[RsPBALao 8T SOtb Gbo. Ill, Ch 9i]
Chapter IV.
An act to repeal so much of an act passed in the (hirtyfourth year of his Mmes^s
reigny entitUdj ^^ An act to restrain the custom of prnniUing homed cattle^ nones,
sheep, and swine, to run at hrge,^* as relates to sheep, and to retrain the omnerw lof
rams from permitting themto run at large during a certain time qf the year.
[PwMdMnBh^lflM.]
Wherbas it would tend to improve the breed and increase the number of sheep, if the
owners of rams were restrained by law from permitting them to run at large during n
certain time of the year ; be it therefore enacted by the King's most exceDent Mijesty,
by and with the advice and consent of the legislative council and assemUy of the pn>>
vince of Upper Canada, constituted and assembled by virtue of and under the auftori^
of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain
parts of an act jpassed in the fourteenth year of his Majesty's reign, entitled, 'An act for
making more effectual provision for the government of the province of Quebec, in N<Htk
America, and to make further provision for the government of the said province,' ^ and
by the authority of the same. That so much of an act passed in the thirty-fourth year of
his Majesty's reign, entitled, ''An act to restrain the custom of permittiB^ homed cattle,
horses, sheep, and swine, to run at large," as empowers or authorizes the inhabitant
householders, or the greater part of them in every district within this province in their
annual town meetings, to ascertain and determine in what manner and at what periods
sheep shall be allowed to run at large within their respective divisions, or to resolve that
the same or any part thereof shall be restrained fix>m so doing, shall be, and the same is
hereby repealed.
IL And be it further enacted. That from and after the passing>of this act, it shall not
tt^^afth '^era^r^' ^ lawful for any person or persons within this province, to have any ram or rams going
at large within the said provmce, from the first day of September until the twentieth day
of December in each year, and if any ram or rams, belonging to any such person or per«-
sons as aforesaid, shall be found going at laige as aforesaid, such person or pers<ms shall
for every such ram going at large as afores^, between the said first day of September
Digitized by VrjiJOV IC
Foimer msi author izing
town neetingi to re-
■tniii iheep mnnuig at
bigttNpoalcd.
Rami not to niB at large
]
C. fi. — PcMnrr-ix>irRTH Yeas of Gaobos III. — 1804.
i09
and tliff nmd twentieth dttj of December, forfeit aad pay the sum of tw^ity shillings,
whieb ahall be ree^rered^ ft sanmary way before any one of his Majesty's justices of
the peace, either upon the eonfesi^kNi of the party complained of, or upon the oath of one
oredible wilne«a, whieh sum, after the party shall be so convicted, shall be levied by
distresft and sale of tiie ofender's goods and ehattek, returning the overplus, if any shall
arise uj^om aueh sale, to the party complained of, after deducting the said sum of twenty
ahJlKngji and the ebu^es of the sale.
IIL And be it further enaeted by the authority aforesaid. That one- half of the said
sum of twenty shiUiBga shall be piud to the informer, and the other half shall be paid to
the receiver general, to and for the public uses of this province.
IV. And whereas difficulty may arise in ascertaining to whom any ram or rams which
shall be found Tunning at large, between the said first day of September and the twentieth
day of December, in this present or any subsequent year, may belong, be it therefore
enaeted by the anthority aforesaid, That it shall and may be lawful for any person or per-
sons findisg such ram or rams at large during the aforesaid time, contrary to the provisions
of this aet^ tenanpeimd sueh ram or rams in the common pound, or confine such ram or
rams io some buttding within the township, where such ram or rams shall be so found,
and to affix notiee in writing, under the signature of such person or persons so empound-
ia^ or eopftniag sueh ram or rams, <m the outside of such pound or building, and also in
some other eoMpicuous {dace in the said township, (which notice shall be dated on the
day on which the same shall be so affixed,) of such ram or rams having been found at
la^ contrary to law, and being empounded or confined, either in the common pound or
some other building to be described in such notice, (as the case may be,) and such person
or persons shall immediately proceed to bring to conviction such owner or owners ; and if
the owner or owners of such ram or rams shall not within seven days after such notice
shall be so given, pay the said sum of twenty shillings, together with the pound-keeper's
fees, and the costs and charges attending the support and feeding such ram or rams during
his or their confinement, (such costs and charges to be ascertained and adjudged by the
magistrate before whom any conviction shall take place by virtue of this act,) it shall and
may be lawful to and for the person or persons who shall so have empounded or confined
such ram or rams, and who shall have convicted the owner or owners of such ram or rams,
of havii^ offidfided against this act, to expose such ram or rams to sale, and out of the
money arising from such sale, to pay such sum of twenty shillings, together with such
costs and charges as aforesaid, in case the proceeds of such sales shall be found sufficient
to pay the same, and if more than sufficient, to return the overplus to the owner or owners
of such ram or rams ; and if such proceeds shall be found insufficient for the purposes
aforesaid, then, and in such case, such proceeds shall, in the first place, be applied in
payment of die pound^keeper's fees and the costs and charges attending the supporting
and fisediiig sueh ram or rams, and the remainder to be applied in manner following, viz :
one half of sueh remainder to the informer, and the other half to his Majesty's receiver
genend^ ferthe public uses of this province.
V. AmA belt further enacted. That no prosecution shall be carried on under the autho-
rity of this act, unless the same shall be commenced within eight days after any ram or
rams AM be fecmd running at large, contrary to the provisions herein contained, nor
shali any distress be levied under the authority of this act, in any case where any ram or
rams so empounded or confined as aforesaid, shall have been sold under the provisions
herera OMitained, but the proceeds of such sale or sales only, shall at all times l^ deemed
and eoosiderod as liable to satisfy the penalty and all costs by this act intended to be
impoaedu
Vi. And be it farther ^laeted by the authority aforesaid. That all such parts of the
foHiMtures aad p^olties as M-e by this act directed to be paid to his Majesty's receiver
general, to and fer the pHblic uses of this province, shall be accounted for to his Majesty,
his heirs and saeeessiMs, through the lords commissioners of his Majesty's treasury, in
such maQser and fom as his Majesty, his heirs and successors, shall be graciously pleased
tod^MAt.
Peaatty for offanoM a-
giinstthMMt
UtUiht peaahy ioM
paid to the i«oeiver
general.
How nm$ to be dealt
with, if difficulty ari>ea
to whom they belong.
Ditpoaition td money
arismg from sale or
nxoB under this net.
Noproeeeotion
within ei|^ daya.
Forfeitures and penal-
ties to be accounted for.
(See 84th Geo. lU, e
8, aad 48d, o 10.)
Chapter V.
A^mitmptmnidgate^pnmnokd siatutea^ and also to repeal bo much of an act passed
in As fsniif-fitst year of the reign of his present Majesty^ as relates to prinHng the
(Passed March 9, 1804.]
Bk it enatfled by the King's most excellent Majesty, by and with the advice and consent of
the leguriatiY^e ««iinoil and aseembly of the province of U f^r Canada, constituted and assem-
bled by yirlue of and undter the autherily of an act passed in the parltament of Great
Britaiii^ entitled, ^' An act to repeal eartwi parts ol an act passed in tbe fourteenth year
14 . ' Digitized by
(4]8tGeo. III,cl2.)
Google
110
C. 6, 7. — Fown-vovtoB. Ybab or Gaeaox IIL — 1804.
[F.
Fonneract reUtir« to
printing 1h« joamab
repealed.
Diipositieii of tlMMts
toM printed*
ted dvring the present
year for printing nil the
Mtsof tJiepi
of his Majesty's reign, entitled, ^An act for making more efectual provisidB tor tlie
government of the province of Quebec, in North America, and to make fbrther prorision
for the government of the said province,' '' and by the authority of the same^ That ao
much of an act passed in the forty-first vear of his Majesty's reign, entitled, ^* An act for
granting to his Majesty a certain sum of money out of the provincial fund, to defimy die
payment of the salaries of the officers of the legislative council and house of asseoibljr,
(including the commissioners to Lower Canada)) and to defray the contingent ei^enses
thereof, and further to appropriate the supplies and provide for the payment of die same
hereafter," as relates to printing and publishing the journals, shall be, and the same is
hereby repealed.
II.—
III. And be it further enacted by the authority aforesaid. That the said elmk shall as
soon as possible, after receiving the said acts, send four copies of them to each member
of the legislative and executive councils ; four copies to each of the judges of the ccnirt
of king's bench, and the like number to his Majesty's attomev general, and also twenty
copies to each member of the present house of assembly, to be by them distiSnited in
such manner as will best tend to promulgate a general knowledge of the laws.
£IBO appropriated for
the'annaal printing of
the laws.
IV. [Repealed by 4th Geo. IV, c 14.]
Grante ^1000 to
ditpoeed of by o
okiaflionert, in repair-
ing pohlio liighwaTa.
* Chapter VI,
An act for gratUing to his Majesty a certain sum of money out of the funds applicable
to the uses of this province^ to defray the expenses of amending and repairing the
public highways and roads^ laying out and opening new roads^ and building bridges
in the several districts thereof
[Repkaled bt 4fhn Geo. Ill, Cn. 4.]
(48dGeo.IIl,e9.)
lYeamble.
Hib exeentor, fte. of
a person wbo had ta*
ken out a license to
woric a stiU, or a par*
ebaserfrom sach exe-
ciitor,&c.togive notice
and make requisition,
Sit.
Chapter VII.
An act to eocplain and amend an act passed in the forty4hird year of his Majet/ty^s
reignj entitled^ ^' An act for the better securing to his Majesty^ his heirs and sueoessarsy
the due collection and receipt of certain duties therein menlionedJ*^
[Passed Hareli 9, 18M.]
Whsrsas it is expedient to remove certain doubts which have been enterlaiiied res-
pecting the property of executors, administrators, and devisees, in the unexpired term
of licenses for using and working stills, granted to persons dying within the period of
such license, and respecting the right of removing and transferring any stills, or assigning
any licenses for the using or working of any still or stills, for the unexpired term thereof;
be it therefore enacted by the King's most excellent Majesty, by and with the adrice
and consent of the legislative council and assembly of the province of M^ip&t Crimada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, '^ An act to repeal certain parts of an act paaaed
in the fourteenth year of his Majesty's reign, entitleo, ^ An act for making more effectual
!>rovision for the government of the province of Quebec, in North America, and to make
urther provision for the government of the said province,' '' and by the authority of the
same. That in case of the death of any person having taken out a license to woric a still
or stills, and the executor, administrator, or devisee, of such still or stills, or my puiohaaer
or purchasers from such executor, administrator, or devisee, shall he minded or desirous
of working the same for the remainder of the term for which such license or Uceoises
shall have been granted, such executor, administrator, or devisee, or such pureUoer or
purchasers as aforesaid, shall, and he and the^ is and are hereby reqiared, witfaia twenty
days after such death, to give notice thereof m writing to the inspector of the district in
which such still or stills is or are intended to be worked, and also to make a reqniaition
upon the said inspector for a license to be granted to such executor, administrator^ oeTieee,
piirchaser, or purchasers, to work such still or stills for the remainder of the term for
which the license was originally granted to the testator or intestate, under whom the
said executor, administrator, or devisee, claims title to such still or stills ; and in case of
such requisition being made by any purchaser or purchasers from such executor, admini^-
Digitized by VnUUy It:
Thiiid Parxjament.]
C. 7. — Foanr-FoiTBTH Yiuui of Gborqjb III. — 1804.
HI
And to iprodBM fd-
eeipte for tho pwobwo
When any penoD Mat
caoM to remore or
trmnafer A fltUl, aotno-
cetsar^ it akoQld bo
i^Saia Iieonsed ;
but notice is reqoirad
to be giToa.
AAer notice, &e. la-
fpector to indono Ji-
Fonn orindoraeineBt<
Inspector at all times
in the day time,
when, &c. to enter still-
hottse.
tntor, or devisee, eiieh purcbaser or porchaaera is and are hereby required to produce to
the sadd inspeetor the receipt or acquittance for the purchase money for such stiU or stills,
nnder the lumd ol the said executor or adnunistratofi/hefore he, she, or they shall be
entided to demand the indorsation of the said iicen^Te to be made in manner hereinafter
directed.
li. And be it further enacted by the authority aforesaid, That when any person or
persons, having taken out a license to work a still or stills, shall see cause to remove or
tranafisr the same, it shall not be necessary that any still or stills, so removed or trans-
feited, be again licensed previous to the exjpiration of the license under which it or they
were wrought before such removal or transfer, otherwise than as hereinafter mentioned :
Pkt>vided nevertheless. That the persons intending to remove or transfer such still or
stills as aforesaid, shall, and he, she, or they, are herebfr required to give notice in writing *
to the inspector of the district in which such.stiU or stiUs is or are intended to be worked
as aforesaid, of his, her, or their intention of so removing or transferring such still or
etiUs, at least ten days before such removal or transfer.
III. And be it further enacted by the authority aforesaid. That after such notice shall
iMtre been given, and such receipt produced, in the cases by this act required, to the said
inspector or the district as aforesaid, it shall and may be lawful to and for the said
inspeetor, and he is hereby required to indorse the original license granted for the working
such still or stills, in manner following, (that is to say) :
^A. B. is hereby licensed to work the within mentioned still or stills for the remainder
of the tenn by this license first granted.
C. D., Inspector for the district of "
IV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the inspector in each and every district, at all times in the day time, when the
said still or stills shall not be charged, or after having given six hours notice to the pro-
pietor or proprietors, or person or persons woridng or using such still or stills, to enter
into any still-house, or place where any still or stills is or are wrought, and to measure
each and every still so wrought as often as he shall see cause so to do ; and if the
proprietor or person working such still or stills shall refuse to admit any such inspector as
aforesaid to enter into the still-house, or other place where any still or stills is or are
wrought as aforesaid, and measm^e the still or stilb as aforesaid, and shall be convicted
thereof upon the oath of the inspector, or otherwise, before any justice of the peace in
the district, the said proprietor, or person or persons working such still or stills, shall
fbrfisit the sum of twenty-five pounds, to be paid to his Majesty, his heirs or successors,
to and for the public uses of this province, and to be accounted for to his Maiesty through
the lords commissioners of his Majesty's treasury for the time being, in sucn manner and
fiirm as it shall please his Majesty to direct, which said forfeiture shall be levied by dis-
tress and sale of the offender's goods and chattels, and in case the party or parties so con-
Yieted as aforesaid shall not have any goods or chattels, upon which the said sum of
twenty-five pounds can be levied, and any part of the said sum of twenty-five pounds
shaU remain unpaid for the space of ten days after such conviction as aforesaid, then it
shdl be lawful for the magistrate before whom the said conviction shall be so had, to order
the party or parties, so convicted, to be committed to the common gaol of the district, or
to the custody of the sheriff thereof, there to remain without bail or mainprize for the
space of three calendar months, by a warrant under the hand and* seal of the magistrate
before whom such conviction shall be had : Provided nevertheless, and if any person or
persons who shall be so convicted before any such magistrate as aforesaid shall consider
Dim, hetj or themselves, aggrieved by such convictioif, then and in such case it shall and
may be lawful to and for the party or parties so considering him, her, or themselves
agmeved, and he, she, and they is and are hereby authorized, upon giving good and
sttmcmit security to the satisfaction of the magistrate so convicting, for the payment of
the eonvietion money and the costs of appeal, to bring his, her, or their appeal from the
said conviction, in a summary mode, before the then next ensuing general quarter sessions Appeal to the quarter
of the peace for the district in which such conviction shall take place, during which
interval all further proceeding upon the said conviction shall cease, and the magistrates in
soth quarter sessions assembled, are hereby authorized and required to hear, adjudge,
and determine, such appeal upon the merits thereof, and the determination of such quarter
sesaions shall be held and considered final and conclusive, not subject or liable to be
reau>ved by certiorari, oir otherwise, before any other jurisdiction, and if such conviction
shall be affirmed by the said quarter sessions, the defendant or defendants shall, in addi-
ticm to the conviction money, pay such costs for and on account of such appeal, as to the
said quarter sessions shall seem meet, and if such appeal shall not be prosecuted and
bimi^t to a decision at the quarter sessions next following the conviction, the quarter
Penalt^jT for refnah^ to
adnut mspector.
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Its C. d, 9, 10, 11.— FoftTT-FouETH Ybab oit Gbomib 411.— 1804. (FooBxa Sbmoh,
Oo«totob«awMPa«}. sessioiifl shall in such case also award sach costs to the infcnner^ or part^ who liad
obtained the conviction before the said magistrate, as to the said court shall seem meet
V. And 6e it further enacted by the authoritj aforesaid, That in all caves in whidi
any person or persons shall be prosecuted to conviction for any offisnce against this act,
or any former act or acts of this province relative to the collecting duties on stills, and a
conviction shall actually be pronounced, and no provision shall have been by any former
act made for compensating the said inspector on account of such prosecution, it shall and
may be lawful to and for the said inspector to state, and make out in writing, a true and
exact account of all costs and expenses by him incurred, and he shall also be admitted to
make a reasonable charge for the time by such inspector employed or bestowed in prose-
cuting such offenders to conviction, which said costs, expenses, and charges, shaU be
' audited by his Majesty's executive council of this province, and such sum as the said
executive council shall allow on account thereof, shall be paid by warrant, to be issued
by the governor, lieutenant governor, or person administering the government of this
province, on the receiver general thereof, for the time being, out ^ any fiaids in the
receiver general's hands, arising from duties on stills.
Provisiom for cosU of
prosecutioii, &«.
(S«6 84th Geo. Ill,
11.)
Chapter VIII. ^
SjJJjJJJof ™^t^ -4n act for granting to his Majesty a certain sum of money for the purposes therein
Ikwb of EngUiiid.
(See 62d Geo.
aeveion, o 7.)
mentioned.
HI, Ist
Chapter IX.
An act appropriating a certain sum of money annually to defray the expenses cf erect-
ing certain public buildings to and for the uses of this province.
[Repealed by 52d Geo III, Ch. 4, 2d Sess.]
£308: 11: 10 1*2, gm*
ted to defray the contin-
gent expenses of thp
praeeding session.
Chapter X.
An act for applying a certain sunt of money therein mentionedj to make good certain
monies^ issued and advanced by his Majesty through the Ueutenanl governor ^ in pur-
suance of an address.
Cliapfcr XI,
An act for granting to his Majesty a certain sum of money ^ for the further encovarage-
ment of the growth and cultivation of hemp within this province^ and the exportation
thereof
[RerEALKD pv 63d Geo. Ill, Cu. 7.J
Digitized by
Google
first Session of the fourth Provincial Parliament.
MET AT YORK, ON THE riRST DAY OF FEBRUARY, AND PROROGUED ON THE SECOND DAF
OF MARCH FOIXOWING, IN THE FORTY-FIFTH YEAR OF THE REIGN OF
GEORGE III.
PETER HUNTER, ESQUIRE, LIEUTENAUT GOVERNOR.
AiuMlkMttlml iMWk
Chapter I.
An ad for uUermg Me time o/* issuing Hcenses for the keeping a house or ttny other
place ofpubUe eniertainmenty or for the rjRtaUing of imnc, brandy^ rwm, or any other
spirUucus UquarSj or for the having or using of stUb for the purpose of distilling
spirituous liquors^ and for repealing so much of an act passed in the forty-third year
of his Majesiy^s reign, as rdaies to the periods of paying into the hands of the receiver
general the monies collected by the in^[>ector of each and everyjiistrict^throughout
this province far such licenses.
^iMMdMuwh 2, 1806.1
Whsbkas the time appointed by the laws now in force, for the granting and taking out p««amMe.
Gcenses for the keeping of a houae, or any other place of pablic entertainment, or for the
retailing of wine, brandy, rum, or any other spirituous liquors, or for the having and using
of stills, for the purpose of distilling spirituous liquors for sale within this province,
hath been found to be inconvenient; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of ttie province of Upper Canada, Constituted and assembled by virtue of and
an3er the authority of an act pas^ in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parta of an act passed in the fourteenth je«t of his Majesty's reign, enti-
tled, ^ An act ibr making more effectual provision for^the government of the province of
Quebec^ in North Amenca, and to make further provision for the government of the said
province,' " and by the authority of the same. That the licenses to b^ granted by the *«. !»
governor, lieutenant governor, or person administering the government of this province, ae^^^to extenl^-
for the keeping of a house or any other place of public entertainment, for the retailing of ^Jj» ^\ms^itm
wine, brandy, rum, or any other spirituous liquors, or for the having and using of stills, ihJtS^'m ereiy mb-
for the purpose of distilling spirituous liquors for sale, to commence from the fifth day of fff^^Sdo^oar^^
April, now next ensuing, shall be extended, and continue in force to the fifth day of ^'^^^ eyew.
January, one thousand eight hundred and six, and no longer, and that from the said fifth
day of January, one thousand eight hundred and six, and from the fifth day of January in
every subsequent year, it shall and may be lawful for the said governor, lieutenant go-
vernor, or person administering the government, to grant licenses as aforesaid, for the
purposes aforesaid, for one whole year next ensuing.
.. Am<mnt of die money
II •^'T' * to be paid for Itcensef
for die present yew.
Time of tlie meeting^of
the magMtratea for re-
eeiring appUeations for
III. [Repealed by 59th Geo. JII, c 2.1 Uietafing out liceiwes.
"- "^ "^ ^ / J Lkwb now in force to
extend to •uchlicenaes
at sliaU be taken out
hereafter.
Terms of payment by
the inspectors to the
IV. [Rci^ealed by 56th Geo. Ill, c 3, s 1, and 59th, c 2, s 1.] Tsefaiir G^.' IIL c
12: 48d, e 9, & 56th,
c3.)
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114
C. 3. — Foimr-nrrH Yivaa of Usonos III. — 1606.
[FiBeT Smiov,
(R«¥i7ed and contin-
aedbyiSth G«o. HI,
e 10; 52d, e 9, & 66tii,
c21.)
PreamUo.
CommiuioBen to be
•ppointed.
Commissioners to as-
eertain who are the
heirs or deriseea of the
nominees of the crown
to lands.
Docoments and eTiden-
ces to be prodaeed be-
fore the eommiaaioners.
Commissioners to ad-
minister oelhs to the
parties, andto summon
witnesses.
Penalty for notdbeyiqg
thei
Nature of the testimo-
ny to be recetTed.
Commissioners to de-
termine and report up-
on the claims.
Chapter II.
An act to afford rditf to those persona who may be entitled to daim lands in this pro-
vince^ as heirs or devisees of the nominees of the crown^ in cases where no patent hath
issued/or such lands,
^ [Passed March 2, 1806.]
Wherbas it is expedient to afford relief to those persons, who may be entitled to claim
lands in this province, as heirs or devisees of the nominees of the crown, in cases where
no patent hath issued for such lands ; be it therefore enacted by flie King's most
excellent Majesty, by imd with the advice and consent of the legislative councfl and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An
act to repeal certain parts of an act pasted in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That it shall and may be lawful for
the governor, lieutenant governor, or person administering the government of this province,
at any time within three years after the passing of this act, to issue such and so many
commissions under the great seal of this province, to the members of the executive council
thereof, his Majesty's chief justice of the said province, and the justices of the court of
king's bench therein, for the time being, as he shall think fit, which said commissioners,
or any three of them, of whom the said chief justice, or one of the said justices, shall be
one, in cases brought before them, as such commissioners, respecting lan^ within the said
province, where the nominee or nominees of the crown to these lands, is or are dead,
without having obtained his Majesty's letters patent for the same, in his, her, or their life
times, shall, by and under the audfiority of such commission or commissions, have lull
power and authority in manner hereinafter mentioned, to ascertain, determine, and declare
who is or are the heir or heirs, devisee or devisees, of the said nominee or nominees of
the crown to such lands.
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
to and for all and every person or persons, claiming any lot or lots of land within this
province, as being the heir or heirs, devisee or devisees, of the nominee or nominees of
the crown to such lands, for which said lot or lots, parcel or parcek of land, his Majesty's
letters patent have not been obtained, to come either personally or by agent, duly autho-
rized, before, and produce to, such commissioners, or any three of them, whereof the
said chief justice, or some one of the said justices shall be one, all such documents and
evidences as he, she, or they may possess, for the purpose of satisifying such commissioners
of the validity of such claim or claims, for which purpose such commissioners, or any one
of them, are, and he is hereby authorized and empowered, to administer such oath or
oaths, either to the party or parties claiming to be neir or heirs, devisee or devisees, of
the nominee or nominees of the crown, to the said lot or lots, parcel or parcels of land as
aforesaid, or to the witness or witnesses appearing in support of such claim or claims, as
shall be judged proper and expedient, and also by summons, under the signature of any
one of them the said commissioners, to require the attendance of all and every such person
or persons, whose evidence may be judged necessary, to ascertain the validity of any such
claim or claims, or to explain the subject matter thereof, and in such summons, also, to
order the production of all such books, papers, or documents, as shall be in tlie custody
or power of any such person or persons whose attendance shall be so required by such
summons, in such manner as such commissioner or commissioners signing such summons
shall deem expedient ; which summons all and«every person or persons to whom the same
shall be directed, is and are hereby required to obey, upon being duly served therewith,
under the penalty of twenty pounds of lawful money of this province, to be recovered
in like manner as the costs and expenses of witnesses are by this act hereinafter directed
to be recovered : Provided always, nevertheless, And it is hereby declared, that the said
commissioners, acting under stich authority as aforesaid, are hereby authorized and
empowered to receive such written or oral testiitiony as may be produced to them,
whether the same be or be not consistent with the rules of evidence laid down by the
laws of England, and to give and allow such force and effect to such testimony as justice
in each respective case shall in their judgment require.
III. And be it further enacted by the autibority aforesaid. That after the said commis-
sioners shall, by virtue of the said commission or commissions, have examined such claim
or claims as aforesaid, they ^hall be at liberty, and they are hereby authorized, either to
reject such claim or claims, or to allow the same, as in their judgment the justice and
equity of the case may require, without any regard to legal fonns and solemnities what-
soever, and to report on the same accordingly, which said report shall be final and
conclusive, and shall be addressed to the governor, lieutenant governor, or person
Digitized by VnOOQ It:
ForaM PABLiAMXmr.]
G. S. — Fo^tY-nrxn Yiub or Ojoobcte III. — 1806.
116
Effect of the lettenptt-
the govermnent of this province, in council, and from thenceforth it shall
and may be fawAil for the said governor, lieutenant governor, or person administering the
^vemment, in council, to issue his Majesty's letters patent, under the great seal of this liettertpiiteDttoiMne.
province, for the lot or lots, parcel or parcels of land specified in said report, to, or in
trust for, such person or persons, his, her, or their heirs and assigns, as are therein ascer-
tained and declared by the said commissioners to be the heir or heirs,, devisee or devisees,
of the noininee or nominees of the crown to the said lot or lots, parcel or parcels of land
respectively : Provided nevertheless. That the said letters patent so to be issued, as
aforesaid, shall have such and none other force, operation, or efTect, in law or in equity, tent to be iMoed.
touching and concerning any charge, incumbrance, lien, matter, or thing, upon or relating
to the said lot or lots, parcel or parcels, of land, save and except the establishing the
elaim or claims of the person or persons, to, or in trust for, whom the said lot or lots,
parcel or parcels, of land, by the said letters patent shall be granted and conveyed, to be
the heir or heirs, devisee or devisees, to the nominee or nominees of the crown to the
same, ihan if his Majesty's letters patent had been obtained for the said lot or lots, parcel
or parcels, of land, by the said nominee or nominees in his, her, or their life times, any
diin(^ herein contained to the contrary notwithstanding : Provided also, That nothing
heiem contained shall extend, or be construed to extend, to the claim or claims of any
person or persons, who shall be ascertained and declared by the said commissioners to be
the heir or heirs, devisee or devisees, of the nominee or nominees of the crown, to any
lot or lots, parcel or parcels, of land within this province, other than to such lot or lots,
parcel or parcels, of land, as shall by the said commissioners be specified in their said
report, as aforesaid, and that all claims, of what nature or kind soever, to any lands within
this province, other than to such lands as shall be so specified and set forth by the said.
eommissioners, shaU continue and remain as if this act had never been made.
IV. And be it fiuther enacted by the authority aforesaid. That where any such nominee initmrneiits by wUch
or nominees, as aforesaid, in his, her, or their life times, and under his, her, ok their hand ^^^^^^'^ ^^
and seal, or hands and teals, shall have executed any written instrument giving, or pur-
porting to give, anv charge, iocumbrance, or lien, on any such lot or lots, parcel or parcels,
of land, so claimea and allowed, as aforesaid, it shall and may be lawful for the person or
persons in whose behalf such instrument may have been executed, his, her, or their heirs,
executors, administrators, or assigns, to cause the same to be registered in the office or
offices of the register or redsters ifor the county or counties in which any such lot or lots,
parcel or parcels, of land, dball respectively lie or be situated ; and such written instrument
shaU have the same f and no other) force, validity, and effect, than if such nominee or
nominees had at the tune of executmg the same been in possession of a patent fi-om the
crown for such lot or lots, parcel or parcels, of land, as aforesaid.
V. And be it further enacted by the authority aiforesaid. That any person or persons,
to whom any lands have been allowed by the commissioners for the securing and as-
certaining titles to lands in this province, under and by virtue of certain acts of the
Wislature thereof, passed in the thirty^eventh, thirty-ninth, and forty-second years of his
Bbjeaty's reign, which said person or persons is or are dead, without having obtained his
Majesty's letters patent for the same, may and shall, for the purposes of this act, be
considered as the nominee or nominees of such land, and the commissioners to be
appointed under and by virtue of this act, may and are hereby authorized to examine the
claim or claims brou^t before them, by or in behalf of the heir or heirs, devisee or
devisees, of such person or persons as last aforesaid ; and to hear and determine such
claim or claims in like manner, and under the same regulations, provisoes, and restrictions,
as are by this act directed to be observed, with respect to the claim or claims brought
before them, bv the heir or heirs, devisee or devisees, of any nominee or nominees of
tl^ crown, and shall report thereon in like manner, and such report shall be final and
conclusive, and have the same and no other force and efiiect ; and it shall and may be
lawful for the governor, lieutenant governor, or person administering the government, in
like manner to issue his Majesty's letters patent for the lot or lots, parcel or parcels, of
land, specified in such last mentioned report, to, or in trust for, such person or persons,
his, her, or their heirs or assigns, as are therein ascertained and declared by the said
commissioners to be the heir or heirs, devisee or devisees, of the person or persons, to
whom any lands may have been allowed by the commissioners acting under and by virtue
of any former act or acts of the legislature of this province, hereinbefore mentioned.
VL And be it further enacted by the authority aforesaid. That in case the said commis-
sioners, or either of them, shall, during their sitting, or within thirty days after they shall
have flikned the said report or reports, and before lus Majesty's letters patent shall have
issued m pursuance thereof, by representation from any person or persons claiming to be
interested therein, be satisfied, or have reason to believe, that the said reports, or either
of them, so far as respects the allowance of the claim or claims of any person or persons,
to any lot or lots, parcel or parcels, of land, specified therein, as being the heir or heirs.
Commisaioners to de-
termine the claima of
thehein ordeviaces of
penont allowed land*
under former eommu-
sionert, and report up-
on the same.
Letters ]^atent to issae
to the said heirs or de-
Report obtained b j sur-
prise.'when to be re-
ncara, and new claims
be let in.
to
Digitized by
Google
tlft
C. 9. — PORTT'FIVTH YsAft OF C||BOAQS III. — 1806v
CO0U to be allowad by
the eommisaionen.
Pbee and time of fit-
ting of tbe
W Se
o 9, ■ 1
See sad Geo. Ill,
Notices to be pat np in
theoffieesoftbeelefitt
ofthe peeee, aad pro-
daeed to die
Proeeedkkgi of the
commiMionen upon sd-
Tene chums.
Ck>mm]Bsions when to
be issued for the exam-
ination of witnesses
Penalty of swearing
falsely before the com-
missioners.
Costs to be allowed by
* the commissioners to
witnesses, and how to
be recoTcnd.
devisee or deriaees, ag aforesaid, hdve been obtained by surprise, or have been eimieeiMd|r
made, and that justice requires, so far as respects the said daim or daints, that dift said
reports or either of them should be stayed, then, and In such ease, it diall and may be
lawful to and for the said commissioDers, or any other commissioners who may ait in the
execution of the said commission, or any subsequent commission, to rehear such claim or
claims, or to let in any new claim or claims of such other person or persons as may be, or
preteiKl to be, such heir or heirs, devisee or devisees, as aforesaid, to the said lot or lots
of land, and upon such rehearing, such commissioners shall be at liberty to report iqpon
the claim (»r claims, thereupon reheard, as if no report had before been made thereon,
and such commissioners shall be at liberty, if they shall judge it expedient to juslioe, to
order such person or persons at whose instance such rehearing was obtained, to pay aoch
sum or sums of money to thefperson or persons in whose favor a report shdl have faeea
first made, as they shall see just, to be recovered in like manner as the costs and expensea
of witnesses are by this act hereinafter directed to be recovered.
VII. And be it further enacted by the authority aforesaid. That the said commissionera
shall hold their sittings in the town of York twice in the year, that is to say, during the
first ten days in the month of June in each year, and the ten days next soeceeding each
and every session of the legislature of this province (except the present) that shall and
may be held in each and every year during the continuance of this act: [a] Provided
always, nevertheless, That when the commissioners shall have good reason to beUeve
that there will not be su£Eusient business to require thehr daily attendance throughout the
term limited for their sittings, as aforesaid, they may be at liberty to adjourn for any time
within the same that may be consistent with the despatch of such business as may be
brought before them.
VIII.' And be it further enacted by the authority aforesaid, That the said eoranussMm-
ers shall not proceed to examine any such claim or claims, as aforesaid, unless notice
specifying such daim or claims, and the name or names of the claimant or claimants^
together with the number of the lot or lots, and the concession or concessions, with the
name or names of the township or townships in which the lands so claimed do lie, be put
up in some conspicuous part of the office of the clerk of the peace for the district in wmcb
any such lot or lots may be respectively situated, and until a certificate shall be produced
to the said commissioners, under the hand of the clerk of the peace of such district, that
such notice bad been so put up for at least thirty days before the said claim or clanns shall
come to be heard before the said commissioners ; and for putting up such claim, and giving;
such certificate, it shall and may be lawful for the clerks of the peace to ask and receive
the sum of two shillings and six pence, and no more.
IX. And be it further enacted by the authority aforesaid, That in all cases ih which,
before the commissioners shall have proceeded to decide upon the right to any particular
lot or tract of land, two or more notices, by different persons, shall have been fixed up ie
the office ofthe clerk ofthe peace, claiming adversely such particular lot or tract of landy
it shall and may be lawful to and for such commissioners to defer or delay the hesoing of
such adverse claims, or either of them, and to give to all, any, or either of such daimante,
such further or enlarged time for the production of evidence, and for the decision of simh
claim or claims, as such commissioners shall deem expedient to justice.
X. And be it further enacted by the authority aforesaid, That the said commissioners,,
or any three of them, of whom the said chief justice, or one of the said justices, shall be
one, shall have power and authority, when and so often as the nature and circumstaftcea of
the case shall require it, to issue one or more commission or conunissions for the exami-
nation of witnesses, touching any such claim or claims as aforesaid, as may be brought
before them.
XI. And be it further enacted by the authority aforesaid, That in case any person or
persons, who shall appear before the said commissioners, to give evidence respecting any
such claim or claims as aforesaid, shall wilfully or corruptly forswear him, her, or themr
selves, in giving such evidence, he, she, or they shall incur the like pains and penalties
as would have been incurred upon a conviction of wilful and corrupt perjury, in any evi-
dence given in his Majesty's court of king's bench in this province, in any cause there-
depending.
XII. And be it fiirther enacted by the authority aforesaid. That ki all cases in which
witnesses shall have duly a{^)eared, to give evidence before such commis»<mers, either
voluntarily or in obedience to such summons as aforesaid, it shall and may be lawfiil to
and for said commissioners, to order and direct the party or parties who shall have pro-
duced such witness or witnesses, to pay such witness or witnesses for his, her, or their
loss of time and expenses, such sum or sums of money as the said commissionera in their
judgment shall deem equitable and just, which order the party or parties, upon whom the
same shall be made, is and are, and he, she, and they is and are hereby required and
enjoined to obey, and such sum or sums of money shall and may be recovered^ and
Digiti
zed by Google
VWK.u>mvT.]
0. 8, 4) 6— FoftTr-Jirre Yuar m Gmh^ III.— 1805.
Mf
fMot^nhle, under and hj Ae authority of this act, bj action or suit in anj of his Majesty's
ssuvts of justice in- this proYince, due regard being had to their respective jurisdictions.
Xllf . And be it further enacted by the authority aforesaid. That the said commissioners
ihaD kane poisrer and authority to emfdoy some fit and proper person as clerk to the said
eommission, and that such clerk shall be. authorized to ask and receive for setting down,
for hearing any claim, and for making up a report of the same, the sum of five shillings ;
for a copy of the order respecting each claim, two shillings and six pence ; for every sum-
mons, signed by one or more commissioner or commissioners, for the attendance of any
witness or witnesses, two shillings and six pence ; for every commission for the examina-
tion of witnesses, twenty shillings.
XIV. And be it further enacted by the authority aforesaid, That this act shall be read
by the deik of the peace, at the opening of every general quarter sessions of the peace,
which shall be held in each and every district of this province, during the term for which
it shall continue to be in force.
XV. And be it further enacted by the authority aforesaid, That this act shall continue
wd remain in force until the first day of April in the year of our Lord one thousand eight
jd^undred and eight, and no longer.
Chapter III.
Jn od to regtdate the trial of controf>€rt&i dedians, or returns qf members to serve in
the house o/ assembly.
[RSTEALBD BT 4tR GbO. IV, Ch. 4.]
Clerk to be ftp[>ointed
byUie commistioiMrf.
Fee« idlowed
clerk.
to the
Act to be read it the
general qaarter sei-
•ionc of the peace.
Contioiiaiiee of thia act.
Chapter IV.
An ad to- mti/jf and confirm certain provisional articles qf agreement, entered into by
the respective commissioners of this province and Lower Canada^ at Montreal^ on the
fifth day qf Julyj one thousand eight hundred and four, relating to duties j and for
carrying the ^me into effect ; and also to continue an act passed in the thirty-ninth
year of his Majesty^s reignj and continued by an act passed in the forty-first year of
his Majesty*s reign.
(EzpxBBS.— Sss 88rs Geo. Ill, Cv. IS.]
PnamUe.
Chapter V.
Anadto alter certain parts of an acty passed in the forty^econd year qf his Majesty'^s
reign J entiiled^ ^^ An act to provide for the administration of justice in the district of
NesouuUey
[Paited March 8, 1806.]
WaKaaAA the pAace appointed by law for building a gaol and court house in the district
ot HBwesMi^ is inconvenient for the inhabitants of the said district; be it therefore enacted
^J the Sjbg's most excellent Majesty, by and with the advice and consent of the legislative
coimeil and assembly of the province of Upper Canada, constituted and assembled by virtue
of andund^ the authority or an act passed in the parliament of Great Britain, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ^ An act for maAung more effectual povision for the government of the province of
Qnebee, in North America, and to make mrther provision Uix the government of the said
p0»vniee,'"> and by the authority of the same, That so much of an act passed in the
^Kty-flecoad year of his Majesty's reign, entitled, " An act to provide for the administra- ^®J,^^2*'^^'"'JiS'
tion of justice in the district of Newc^^e," as directs that a gaol and court house shall be {^Geo!1[iVc^) '
huih iii the town of Newcastle, shall be repealed, and that it shall and may be lawful for
Jiis Majesty's justices of the peace in and for the said district of Newcastle, or the greater
part of them, in the first general quarter sessions after the passing of this act, assembled,
to appoint some fit and proper place, in either of the townships of Haldiniand or Hamilton,
within the said district of Newcastle, where a gaol and court house may be built, in the
same manner that a gaol and court house is at present directed to be built, within the said
town of Newcastle, any law to the contrary notwithstanding.
II. Provided, That nothing in this act shall extend, or be construed to extend, to authorize
the said justices of the peace, to fix'the place for building the said gaol and court house,
on any reserve of the crown or clergy, or on land belonging to any person or persons,
withmt permission first obtained irom the government, or from the owner or owners of
wdlaiid!
^* Digitized by
Part of aa act peifed hi
Ihia
Magistrates of the dis-
trict of Newcastle to
appoint a proper place
in the townships of
Haldimand or Hamil-
ton, for buiiding of a
gaol and eooithoate.
Gaol and court housa
not to be built on any
rescnre ; or.on prirate
property, without per*
mission.
Google
118
C. 6, 7, 8.--F<mTT*nRH Yjuuk of OaomB 111.-^1806.
[FOMT
Qttol aad eowt
' III. Provided always, and be it further enacted by tbe authority afereaaid, Thatiinlei
such gaol and court house shall be built and finished within two yean from the poaauig of
this act, so that prisoners may be confined in the one, and the diflferent courts of juflliee be
properly accommodated in the other, Uien, and in such case, this act shall bo^ and the
same is hereby declared to be null and void.
PftK of the 83d of Geo.
Ill, repealed.
Number of oTeneers
of the highways to bo
ehoaen at the town
meeting!.
M Say fifteen by 89th
Gm. Ul.e8,aBdthirty
^
lithG«o.*IV,e7
88d:Geo.UI,e2.)
Chapter VI.
An act to make provision far further appointments of parish and town officers throughout
this province.
rPatsedMarehZ, ISOS.)
Be it enacted by the King^s most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, " An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, * An act for making more effec-
tual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,* " and by the authority
of the same. That so much of the fifth clause of an act passed in the thirty-third year cSrf
his Majesty's reign, entitled, ^' An act to provide for the nomination and appointment of
parish and town officers within this province," as limits the number of overseers of high*
ways, to be chosen under and by virtue of the authority of that act, to six, be, and Uie
same is hereby repealed.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the inhabitant householders, assembled under and by virtue of the authority of the
said act, in their annual town meetings, to choose and nominate, under, and agreeably to
the provisions of the said act, not less than two, nor more than twelve [a] persons, to
serve the said office of overseers of the highways for such parish, town, or township^
Priaoaer in execation
for debt, not worth fiye
ponnda, ahall reeeiro
nom the plaintiff fire
ahiUiags weekly, ao
long as he ahall De de-
tained in priaon
MBhdebt.
for
(2d (
Geo.
ad Geo.IV« g6; 2d
Cliapter VII.
An act for the relief of insolvent debtors.
[PaaaedMai«h2,1806.]
Whereas no special provision has been made by law, since the division of the province
of Quebec, for the support of insolvent debtors detained in execution ; and whereas it is
inexpedient that the support of such should depend upon the district, or the precarious
charity of individuals ; be it enacted by the Ring's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act jpassed
in the fourteenth year of his Majesty's reign, entitled, * An act for making more effectual
})rovision for the government of the province of Quebec, in North America, and to make
iirther provision for the government of the said province,' " and by the authority of the
same, That if any prisoner, in execution for debt, shall apply to the court whence such
execution issued, and make oath that he or she is not worth five pounds, the ]daintiff, at
whose suit he or she is detained, shall be ordered by the said court, by rule to be served
on the plaintiff or the attorney, to pay to the defendant in execution, the sum of five
shillings, weekly maintenance, so long as he or she shall be detained in prison, at the suit
of the plaintifT, and that such payment shall be made in advance to the prisoner or gaoler,
for his or her use, on Monday in every week ; on failure of which, the court from whence
the execution issued, shall order the defendant to be released : Provided always, That the
plaintiff shall not be obliged to make such payment, if he can prove, to the satisfaction of
the court, that the defendant has secreted or conveyed away his or her effects, to defraud
his or her creditors.
Preamble.
Chapter VIII.
An act to regulate the curingy packings and inspection of beef and pork.
[Passed Match 2, 1806.]
Whereas by a law of the province of Lower Canada, it has become necessanr for such
persons in this province, as may deem it proper to cure and pack beef and pork for foreign
markets, to have the same cured and packed under the authority of a law of this province ;
Digitized by VrjiJiJvlt:
n
Famiiamkmt.]
C. 8.-r-f*oB«VHn(rcB Thab of Obobos III. — 1806.
119
be h aoacted by the King^s most excellent Majesty, by and with the advtoe and consent
qf the l^palatiye eovncil and assembly of the province of Upper Canada, constituted and
assembled by yirtoe of and under the authority of an act passed in the parliunent of Great
*&itwi^ entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
at his Majesty's reign, entitled, 'An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
lor the government of the said province,' " and by the authority of the same. That it shall
and may be lawful for the governor, lieutenant governor, or person administering the
government from time to time, as to him may seem reasonable, to appoint one or more
capable persons in each of the districts of this province, to be inspector or inspectors of
beef and pork, who shall thereupon be the inspector or inspectors for putting this act in
execution, with all the powers, and subject to sdl the penalties, hereinafter described, and
each of the inspectors, before he enters upon the execution of his office, shall take and
subscribe an oath before one of his Majesty's justices of the peace, in and for the district
in which he shall reside, which oath the said justice is hereby authorized to administer, in
the words following, viz :
*^ I do solemnly swear, that I will faithfully, truly, and impartially, to the best of my
judgment, skill, and understanding, execute, do, and perform, the office and duty of an
inspector, packer, and re-packer of beef and pork, according to the true intent and meaning
of an act, entitled, ^ An act to regulate the curing, packing, and inspection of beef and pork/
and that I wOl not, directly or indirectly, brand, or suner any cask of beef or pork to be
braaded, but what shall be sound and good."
Which oath he shall file, or cause to be filed, in the office of the clerk of the peace for
the district in which he shall be appointed inspector, and the inspector or inspectors of
each and every district in this province, in the month of June in every year, shall make
a retam to the governor, lieutenant governor, or person administering the government of
this province, of the whole number of barrels of beef and pork inspected by him, or them,
Bccording to the direction of this act, during the year preceding, designating the di&rent
aorts of beef and pork, and the district in which the same was inspected.
II. Provided always, and be it further enacted by the authority aforesaid. That no
person to be hereafter appointed an inspector of beef or of pork, under the authority of
this act, shall deal in, buy, barter, or exchange, any beef or pork, by him inspected, or to
be inspected, under pain of the commission under which he acts being null and void,
except auch beef or pork as may be necessary for the consumption of his own family.
in. And be it further enacted by the authority aforesaid, That no beef shall be hereafter
packed or repacked in barrels, for foreign markets, unless it be of fat cattle, not under
three years old, and that all such beef shall be cut in square pieces, as near as may be,
not exceeding twelve pounds weight, nor less than four pounds weight ; and that all beef
which the said inspectors shall find, on examination, to have been killed at a proper age,
to be fat and merchantable, shall be sorted and divided in three different sorts, for packing
and repacking in barrels, to be denominated mess, prime, and cargo ; mess beef shall consist
of the choicest pieces of oxen, cows, or steers, well fatted ; the shin, shoulder, and neck,
shall be taken from the fore-quarters, and the legs and leg rounds from the hind-quarters ; and
each barrel, containing beef of this description, shall be branded on one of the heads with
the words mess bbsf ; that prime beef shall consist of choice pieces of oxen, steers, cows,
and. heifers, amongst which there shall not be more than half a neck and one shank, with
the hock cut off; and one of the heads of all barrels, containing beef of this description,
shall be branded with the words primb i>ork f that cargo beef shall consist of fat cattle
of all descriptions, of three years old and upwards, with not more than half a neck, mi
three shanks without the hocks, in each barrel, and shall be otherwise merchantable, and
such barrel shall be branded on one of the heads with the words oaroo bbef ; and every
barrel of beef shall be well salted with not less than forty pounds of clean Saint Ubes, Isle
of May, Lisbon, Turk's Island salt, or other salt of equal quality, exclusive of a pickle,
made as strong as salt will make it, and to each barrel of beef shall be added not less than
two ounces of saltpetre.
rV. And be it further enacted by the authority aforesaid, That from and after the pass-
ing of this act, every barrel in which beef shall be packed, or repacked, shall be made of
good seasoned white oak staves and heading, free fix>m every defect, and shall contain
two hundred pounds weight of beef, and shall not be of a lareer gauge than thirty gallons,
and shall be hooped with fourteen good ash, hickory, or oak noops, the heads to be made
of good thick stim, the hoops to be well set and drove.
V . And be it further enacted by the authority aforesaid. That one head of every barrel,
in whidi beef or pork is packed or repacked for foreign market, shall be branded with the
wei^t it contains, the inspector's name, who shall have inspected the same, with the
name <^ the district where it was inspected, and also the addition of Upper Canada, in
legible letters.
Digiti
AppoutmeBt of nunee-
tan of beef and pom.
Otttk of the intpceton.
lupeetor not to be ■
dealer in beef or pork.
QnalitT of the beef to
be pecked.
Maimer of ■ostiiig it.
(•The woid<« Fobs'* ie
erideaUy a ekrieal er-
ror.)
Barrels to be btMidcd.
Mode of pickliag of
beef.
Quality and aise of the
barrels for peeking of
beef. «
Manner in whieh bai^
rels of beef and poik
shaUbebranaed.
zed by Google
iM
C. a— FoRTT-nif^tt lakk of ^sdmb IA.— 1806.
(MWi^'
No intpeotor to Mi oat
oniudifftriet
PenaltT for refusing or
Beg^ccting to inspect
Feet of the iiupeclor.
Penalty for negligence
or frandin iospeotiqg.
Penalty for intormixing
beef or pock after
branded.
Penalty for counterfeit-
ing brand marka*
4^aalily and aiieof tbe
barreU forpMking vt
pofk.
Quality of the poik to
be packed, and manner
of sorting it.
Manner of pickling it.
Certificate to be giren
by tl.c insi)ector.
No person compelled
to hare his beef or pork
inspected.
VI. And be it farther enacted by tfie ftoOiDrify tferemil, Tbat M rnsj^feeM*^ iMiolitiii
bj virtue of this act, shaH inspect or brand any cask of beef or poii: but rf Wb ult dt
district for wbich he shdl be appointed, tinder the penalty of twenty sMRIngll.
VII. And be it further enacted by the authority aforesaid, That fl any in«pc«l0P%f bfeMf
Or pork, not then employed in the inspection and examination of beef or |Nirit,*aoooi!dii^
to the duties prescribed by this act, or who shall not be incapacitated by aieiaietli^ ttnA,
on application, on lawful days and reasonable hours, to him made, for tiie eirtimSl^ion inT
any beef or pork, as aforesaid, refuse, neglect, or delay to proceed to saeh iekaodiiatiliil
and inspection, for the space of two days after such application so made to Um, ih^iawpblMt
so refusing, neglecting, or delaying to make such examination and inspeetioii, 4haSk tit
each offence forfeit the sum of forty shillings, current money of this proviiM^e, to-Hie mit
of the person or persons injured by such delay.
VIII. And be it further enacted by the authority aforesaid, lliait every impefetut lihiA
receive one shilling and six pence, current money of this province, for each baiittA «f
beef or pork he shall salt, pack, inspect, and pickle, exdnsfve of «ooperi^ ;' linl Mr
every mile the said inspector shall travel, he shall be entitled to reedve the attii df -iik
pence, all which salting, packing, inspecting, picUfaig, and traveHing, skdl be paA4b|r the
person or persons by whom he shall be employed.
IX. And be it further enacted by the authority aforesaid. That if any of the iiu|iec!taiB
appointed by virtue of this act shall be guilty of any neglect or fraud, in impectiiig -aiiy
faieef or pork, contrary to the true intent and meaning of this act, or shall hrmd any amk
containing beef or pork, which has not been actually inspected agreeable to Udm aet^ hb
or they shall for every such offence forfeit a sum not exceeding forty shillingSy eumat
money of this province, in case of neglect, and shall forfeit the sum of twenty pounda
of like money, and be dismissed from his office, in case of fraud.
X. And be it further enacted by the authority aforesaid. That if any person or persoiia
shall intermix, take out, or shift any beef or pork, out of any cask inspected or branded,
as by this act is required, or put in any other beef or poric for sale, contrary to the inten-
tion of this act, the person or persons so o£Eending, shall for every soch offence forfeit the
sum of ten pounds, current money of this province.
XI. And be it further enacted by the authority aforesaid. That if any person or persons
shall counterfeit any of the aforesaid brand marks, or impress or brand the isame on aiur
cask or casks of beef or pork, he, she, or they, being thereof lawfully convictecl^ sliaU
forfeit the sum of twenty pounds, current money of this province.
XII. And be it further enacted by the authority aforesaid. That from and afler the
passing of this act, every barrel in which pork shall be packed or repacked for foreign
markets, shall be made of good seasoned white oak staves and heading, free from every
defect, and each barrel shall contain two hundred pounds weight of pork, and shall not
be of a larger gauge than thirty gallons, and the said barrels, in every respect, shall be
hooped, and made in the same manner as in this act provided, for barrels for packing ^md
repacking beef.
XIII. And be it further enacted b^ the authority aforesaid, That there shall be two
qualities of poriL, known and distinguished by the names of mess and prime .polk ; mess
pork shall consist of the rib pieces of good fat hogs only; barrels containing such pork,
shall be branded on one of the heads, with the words, bixss pork ; prime poridshalf cm-
sist of the next best pieces, with not more than six shoulders, or less, with the shanks
cut off, in one barrel, and one of the heads of every such Darrei shall be branded
with the words, pribcb pork ; and the pork so to be packed, shall be cut in pieces, as
nearly square as may be, provided that all mess pork and prime pork shall be cut, as nearly
as possible, in pieces of four pounds weight ; and that each barrel of poriL shall be saltad
with not less than fifty pounds of the same quality of salt and the same kind of pickle,
and to each barrel of pork shall be added not less than two ounces of saltpetre, as*in thb
afct is provided, for packing and inspecting of beef; and that each barrel of pork, ^when
so inspected and pacKed, shall be branded in the same manner as in this act is provided
for branding of beef, designating the different qualities or denominations herein described.
XIV. And be it further enacted by the authority aforesaid. That for all beef and pork
that shall be inspected in this province, the inspector who shall have inspected the same
shall give unto the owner, or his agent, a certificate, under his hand and seal, certifying
that such beef or poric is in every respect packed and branded asreeable to the laws cdf
the province of Upper Canada, which certificate may be in the fouowing form :
" I do hereby certify, that I, have inspected barrels of cargo, mess, or prime
beef, mess or prime pork, [as the case may be,] the property of and that the said
mess, prime, or cargo beef, mess or prime pork, is in every respect packed and branded,
agreeable to the laws of the province of Upper Canada."
XV. And be it further enacted by the authority aforesaid. That nothing in this Mt
shall extend, or be construed to extend, to compel any person or persons, who n^nport
Pabuambrt.]
O. 9, la— CVmrr-mVH Yur or Obobox IIL— 1805.
' foik from this iBOTiDoe^ to baye tlie same inqpected, unless he or thej shall think
mper ao todo.
XVL And be il farther enacted by the authority aforesaid, That all the fines and for-
feiCureSy by this act imposed, shall be recoverable with costs, in a summary way, to be
prooeeded upon, and be examined into, heard, adjudged, and determined, by the magistrates
in quarfeer Bbbmbb ansemhled^ and in order thereto, it shall and may be lawful to and for
say of his lifajesly's justices of the peace, within the district wherein the offence has
been eonunitted, to summon any perscm or persons to appear at the next general quarter
aeasHMis of the peace, to be holden in and for such district, and the magistrates in quarter
sessions assemUed are hereby fully authorized, empowered, and required, upon the
appearsace or default of such oersoB or persons, so to be summoned, to examine into the
cause of such complaint, and wereupon to proceed to give judgment, the one moiety of
sH soeh fines and fcNrfeilures (exce|)t such as are hereinbefore otherwise applied) when
recQfVBied, shaU be immediately paw into the hands of the receiver genersd, for the use
<rf bis Miyesty, towards the support of the government of this province, and shall be
aeeomited tar to his. Miyesty, uirou^ the commissioners of his Majesty's treasury, for
the lime behm^ in soeh manner and form as his Majesfy shall direct, and the other moiety
to the inspector, or person who shall sue for the same.
XVII. And%eftftiitiiei enacted by die authority aforesaid. That if any action or suit
■hiWbB inMiNWB^ against any person or persons, for any thing done in pursuance of this
aet, sodi action or suit shall be commenced within the space of six calendar months next
mst tUt "CiftfiMse ^lAbdl have been comnBtled, and not afiterwards ; and the defendant or
4eitaihiatsiiMy give flds act, uid the special matter, in evidence, at the trial to be had
tbetetp&ikj and that the same was done ni pursuance and by authority of this act ; and if
k'lHuOl appesriBO to have been done, then die court shall find for the defendant or defend-
ittMs, tad -n tte plaitotiff sludl be non-suited, or discontinue his action, after the defendant
Sr tejftmlitrila shall have appeared, <or if jadgmeat shall be given against the plaintiff, the
^afetrihUit Orddfandants maH and may recover treble costs, and have the like remedy for
fheiBtilDe HS'ddfe&dants havB in oflier cases by law.
121
Fincf and foifeitiirM
ondar thig ftct, how re-
eoyerable, and in what
manner dupoaed of.
LiflftitaUon of time for
eommenoms of aetioiM
for anythinr done in
oTUiia aot
iMtmc
CAapter IX* jsgjA: is: at ,
'JlmrMtfi9r itppljfing a certain sum of money (herein mentioned^ to make good certain s^,!^JJ^
^mMAss^MSBsd AfMi udeaneed by Ma Jfo/ssfy, through the Heuienant governor^ in pur- pend^inUiTpuohav
090 ot laat aeaaioQ,
Caiapter X.
Hn Mtto amenll an act, passed in the forty-fourth year of his Majesty's reign^ entitled^
'^Annet f&r graniing to his Mcgesty a certain sum of money^for the further encour
tagenmU of the growth and cuUioiOion of hemp toithin this province^ and the expor-
tatk^ thereof. "^
. [aiPSAiBD BT 6SIi>Oeo.'III, Ch. 7.]
Digiti
zed by Google
Seeond Session of tbe fourth ProTlnelal ParHamont*
.MET AT YORK, ON THE FOURTH DAY OP FEBRUARY, AND PROROGUED ON THE THIRD DAT
OP MARCH FOLLOWING, IN THE FORTY-SIXTH YEAR OF THE REIGN OF ' ^
GEORGE III.
ALE3LAMDER GRANT, ESQ.UIRE; FBJI^IDENT.
Ajuio DomlBi 180ft*
£S00 to be applied for
tke peyment of nleriea
lo the sherUTf of the
Beftern and Wet tem
diitriett, of the die-
trietfl of London, Nia^
cure, Neweutle, end
Johnstowik
Bond hi the penal ram
of iClOOO to be ciTea
by all sheffffs hi thif
prorinee, eonditioned
for the payment of mo-
niea eoOeeted by them,
Ifce. not to ber any other
rtmedy agauut Bherifif
^lawB nonr in force
lor braaeh of their dvty.
GofWttor, fce. to iftne
wamata.
Reeeirer general to ae-
eovnt, Ifce.
Continnaaee of thi« aet.
(Continned by 64th
Geo. Ill, c 9, and ff7th,
e 8 ; eontinned and ex-
tended by 2d Geo. IV,
e8.)
Chapter !•
An act to make proviaum/or certain sheriffs in tkUprawiae* , .
£PietadMaw»»l8pM
Most gracious Sovxreign : .^ .
Whereas it is necessary to make some provision for sueh sherifi^ in this province, wlia
have no salaries established bj law ; may it please your Majesty that it may be enacted^
and be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under . the authority of an act passed in the
parliament of Great Britain, entitled, ^^ Aaact to. repeal cei::tain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more ^ffecti^l
}>rovision for the government of the province of Quebec, in North America, and to make
iirther provision for the government of the said province,' " and by the authority of the
same, That fropi and out of the rates and duties already raised, levied, and cdilected, or
hereafter to be raised, levied, and collected, to and for the uses of this province, there
shall be granted annually to his Majesty, his heirs and successors, the sum oi three hundred
pounds currency, out of the provincial treasury, from such n^onies now reqnainiag^ w
which may hereafter come into the receiver general's hands, unap{Hx>priated, whioh said
sum of three hundred pounds shall be appropriated and applied for the payment of salaries
to the persons hereafter mentioned, in manner following, (that is to say,) to the sherifiis
of the Eastern and Western districts, and the she^ifis of the districts of London, Niagara,
Newcastle, and Johnstown, for the time being, the sum of fifty pounds respectively*
II. And be u further enacted by the authority aforesaid. That the sberw of each and
every district in this province shall give a bond jointly and severally with two sufficient
sureties, to his Majesty, his heirs or successors, in the sum of one thousand pounds, with
a condition, that the same shall be void if the said sheriff shall pay over all money which
he may collect, either to his Majesty, his heirs and successors, or to any person who may
be entitled to the same : Provided, however. That nothing herein contained shall extend,
or be construed to extend, to debar any person or persons from having his, her, or their
remedy against such sheriff or sheriffs, for any breach of duty, in such manner as is or
may be provided bv any law or usage now in force.
III. And be it further enacted by the authority aforesaid. That the monies hereby
granted to his Majesty shall be paid by the receiver general, in discharge of such warrant
or warrants as shall for the purposes aforesaid be from time to time issued by the governor,
lieutenant governor, or person administering the government; and the said receiver
general shall account to his Majesty for the same, through the commissioners of his Ma-
jesty's treasury for the time being, in such manner and form as his Majesty shall direct.
IV . And be it further enacted by the authority aforesaid. That this act «hall be, and
continue in force eight years, from and after the passing of the same, and from thence to
the end of the then next ensuing session of the provincial parliament, and no longer.
Chapter II.
An act to repeal an act passed in the thirty-fifth year of his Majesty^s reignj entiUedy
" An act to regulate the practice of physic and surgery. ^^
[Repeals SSth Geo. Ill, Ch. 1.]
Digitized by
Google
Foram Pa»U4HWt.]
C. S, 4» 6.— FosTTHiiZTH Ybar of GaoBOB III.— 1806.
m
Chapter III.
^ oof to proGun certain apparatuB/ar the promotion of science.
[PMMdMtfc]i8,18(ML]
IfoOT OUAVtOOB SoTSRBIOlf :
May it jkmee jour Majettj, whereas it is of importance to the welfare of this province,
that the riajnf; generation may be furnished with the means of such instruction as may
render them useful members of the community ; we, your Majesty's most dutiful and loyal
subfeds, the commons of this province, in parliament assembled, do most humbly beseech
yomr Majesty that it may be enacted, and be it enacted by the King's most excellent
Afajesty, by and with the advice and consent of the legislative council and assembly
ef the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an^act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entifled,
' An aet for making more eflfectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said pro-
vmee,' '' and by the authority of the same. That from and out of the rates and duties
already raised andcdlected, or hereafter to be raised and collected, to and for the uses
of this provinces, there be granted to his Majesty, his heirs and successors, the sum of
fuurhilikhed poinds out of the provincial treasury, from such monies now remaining, or
which heiairfter may come into the receiver eeneral's hands unappropriated ; which said
sum of four hundred pounds shall be appropriated and applied in purchasing a collection
ef instruments suitable and {H-oper for illustrating the principles of natural philosophy,
geograjAy, astronomy, and the mathematics, for the use of this province, in such manner
as the governor, lieutenant governor, or person administering the government of this
province, shall think proper to direct.
11. And be it further enacted by the authority aforesaid. That the governor, lieutenant
govermM*) or person administering the government of this province, is hereby authorized
eoA empoweied to deposit the said instruments (under such conditions as he shall deem
proper and expedient) in the hands of some person employed in the education of youth
in this province, in order that they may be as useful as tiie state of the province -will
permit.
ill; AxAhe it further enacted by the authority aforesaid. That the receiver general
slnU account to his Majesty for Uie said sum of four hundred pounds, through the com-
BBsaionerB of his Majesty's treasury, for the time being, in such manner as his Majesty
shaii direct
PMOBbk.
i&400 aupropriated fee
the parenaBe of instni-
menu for iUii«tntai«
Uie priacjplei of aite-
nlpkilotophy, &€.
Bttch inttnimeiiU to bo
deposited in the hands
of • penon employed in
the edaeatioBof joqUi.
Reeeirer MenltoM)*
eowt for the Mid nm
ofjCdOOilfce.
Chapter IV.
An act to repeal an act passed in the forty-fourth year of his Majesty^ s reign, entitled, (44th Geo. ui, e a)
" An act for granting to his Majesty a certain sum of money out of the funds appli-
cable to ike uses of this proinnce, to defray the expenses of amending and repairing
thepubUc highways and roads, laying out and opening new roads, and building bridges
in the seoercd districts thereof ^^ and to make further provision for the opening and
amending the said roads.
[ExPIXtBO.]
Chapter V. .
An act to alter and amend an act passed in the thirty4hird year of his pi^esent Majesty^ s
reign, entitled, ^' An act to provide for the nomination and appointment of parish and
town officerSy^^ and also to repeal certain parts cfan act passed in the thirty-third year
of his present Majesty^ s reign, entitled, ^^ An act to autlwrize and direct the laying
and collecting of assessments and rates in every district in this province, and to pro-
vide for payment of wages to the members of the house ofassemblyy
[Fused March 3, 1806.]
Whsbjbas an act of the parliament of this province, passed in the thirty-third year of
his present Majesty's reigp, entiitled, " An act to provide for the nomination and appoint-
ment of parish and town officers within this province,'' requires to be amended ; be it
therefore enacted by the Kine's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Ms^ty's reign, entitled, ^An act for making more effectual provision for the
Digitized by
;83d Geo. UI, c 9^ 4
l8d,ca)
Google
134
C. S. — FotaT-aatfm Tkab or Obobcw IH.— 1806.
U an J town elcriti, ai-
Msaon, &e. shall die
orleaTa the township
or parish, within the
year for which they
shall be ehosen, qnat^
ter sessions to fill the
Taeanej.
If no town meeting held
on the lint Mondajr in
BIaroh|quarter sessions
to Bflminatft and appoint
rish and town oMcers
ISee ffrthGeo. Ill,
parisl
e7.i
AAer snoh nomination
and appointment, no-
tice to oe giren to pa-
rish and town officers
toStake the oath of office
Formoftheoalh.
Com]
to con-
fer serring such
notice.
Forfeiture of for tj shil-
JUflgiu by persons noni-
Mtoo and appointed hy
the qnarter aessiens to
parish and town offices,
rafhsiag totake the oath
of office, or affinnation,
SSdofOeo. III,e 8, s
24, so far as requires
the collector of every
parish and township,
«c. to giro a bond to
the ehorch and town
wardens of XlOO, re-
pealed.
Collector nominated by
pny town meeting to
enter into a bond, etc.
Fiye shillings to be al-
lowed to the clerfc of
thaoeace,for drawing
If collector refuse to
gire such bond, quarter
sessions to appomt an-
other collector, who
shall giro the like bond.
One shilling for every
mile to be allowed to
eyery collector in going
to give such bond.
£5 to be allowed to the
collector for every
government of the province of Quebec, in North America, and to make furtherjprovirioa
for the government of the said provinee/ " and by the authority of the same, That from
.and after the passing of this act, if any person or persona, who shall be ak^sen at any
town meeting as a town clerk, assessor, overseer of the highway, pound keeper, or town
warden, shall die within the year for which he shall be chosen, or dMdl leamrthe taM^
ship or parish, it shall and may be lawful for the juatiees of the peaee in quartev a^tslDns
assembled, or the minority of ihem, to nominate and appoint a fit and proper penon taill
the vacancy occasioned by such death or removd.
11. And be it farther enacted by the auth(»ity aforesaid, Hut when fnm any i
a town meeting shall not be hoMen on the first Monday in March [a^ in any i
united townships in this province, it shall and may be lawful for the jnstieea of i\m p^A6
in quarter sessions assembled, for the district in which such townsbip or united townshipi
are situate, or a majority of them, to nominate and appoint the said parink and town oAeers
of such township or united townships, until the next town meeting.
ni. And be it further enacted by Uie authority aforesaid, Tliat the dbik of tlw peace
shall, within eight days after such nomination and rapointment, send* a written netme Ae
each and every parish and town officer to nominated and appointed as aforesasd^ requjiia^
him to appear before some one of his Majesty's Juaticea of the peaee (in the diaMd in
which such quarter sessions ire holden) within euht daya after the reottpl ofwaA BoiieB^
and take the oath of office, whioh oath, or in me case of A% peopin called QBaken,
Menonists, or Tunkers, affirmation, any juatioe of the peaee aa albraaaid, alMiHt >Bd as
hereby required to, administer in the foUowiag fbrm :
^' You, A. B., do promise and swear, [or affirm, as the case ma^
faithfully, diligently, and justly serve and perform the office and duties <
for the of for the year ensuing, according to the best of your
abilities. So help you 6oD*"
IV. And be it further enacted by the authority afiiresaid. That it shall be tha dn^ at
any constable, upon the request of the clerk of the peaee, to serve such notiee ; and tl^
constable, for such service, shall be entitled to such compensation as the said juatieea ef
the peace, or a majority of them, in quarter sessions assembled^ shall think proper.
y. And be it further enacted by the authority aforesaid. That if any person or peasant
who shall be so nominated and appointed by the justices of the peace, or thefaii^orily of
them, in quarter sessions assembled, in each and every dfstricti of the provinae, Idiall
refuse or neglect to repair to a justice of the peace, in manner aforeMid, and take Ihe aaid
oath of office, (or affirmation, being a Quaker, Menonist, or Tunker,) the said pecson or
persons, so neglecting or refusing, ahall forfeit and pay the sum of forty shillings, lawM
money of this province, with costs, upon conviction before the court of quarter sessions ;
and the said justices of the peace, or the majority of them, in quarter sessions assembled,
shall and may, upon such refusal or ne^ect, appoint other persons, and impose the like
fine, as often as the case may require.
Vl. And be it further enacted by the authority aforesaid, That so mndi of an act passed
in the thirty-third year of his present Majesty's reign, entitled, '^ An act to anllKH'iae and
direct the laying and collecting of assessments and rates in every district in this province,
and to provide for the payment of wages to the members of the house of assembly,*' as
requires a collector to give a bond to the church or town wardens, of one hundred pounds,
shall be, and the same is, hereby repealed.
Mj heA ihat you witt
ties of
VII.
VIII.
[Repealed by 48th Geo. Ill, c 14, s 1.]
IX. And be it further enacted by the authority aforesaid. That if any collector for any
township, or united townships, shall neglect or refuse to give such bond within one monra
as aforesaid, it shall and may be lawful for the justices of the peace at the next general
quarter sessions, or the majority of them, to appoint a collector for the said township, or
united townships ; and in the event of refusal, to appoint another as often as the case
may require ; and the said collector so to be appointed by the justices as aforesaid, shall
give the like bond that is herein directed to be given by the collector dMMien and ^
nated at the town meeting.
X. [Repealed by 48th Geo. Ill, c 14, s 1.]
XI. And be it further enacted by the authority aforesaid. That in addition to die
of three pounds for^every hundrea pounds now allowed to the coHeotor, it shdl andnmy
Digitized by VrjiJOV IC
1
C. 6j 7.~FoBTT-siZTH YsAB OF Gboroh III.— 180&
us
be kwfiil for the treasurer of each and every district, to pay to each and every collector
tlve further sum of tvf o pounds on every hundred pounds, which shall be collected and
paid by Idm to the said treasurer.
XII. And be it forther enacted by the authority aforesaid. That if at any time it shall
happen, that throujgh the neglect or refusal of any person or persons, appointed under the
auSority of thjs act, or otherwise, the assessment or rate of any township or united
townudiips shall not have been collected within the year for which such assessment
or rate wis made, it shall and may be lawful fpr the ooUeetor of the year ensuing and he
is hinelyy aulhoriaed and reqpired.to levy the. rate and assessment. so in arrear. . .
XIII. AMni be it further enacted by the authority aforesaid, That all and every officer
aad officers aj^inted under and by virtue of this act, shall be, and they are herebv
declared to be, vested with the sape j^owers, and liable to. the same penalties, as such
officer or officers now are under, by virtue of any other act or acts of the legislature of
this province, except where it is in this act especially provided for.
XIV* And be it further enacted by the authority aforesaid. That the fines and forfeitures
diat shall or may be incurred under and by virtue of this act, shall be levied, applied^ and
aeeouBted for, in the same mannef as the fines and forfeitures under the aforesaid ^ct,
^ To provide for the nomination and appointment of parish and town officers," are dii*ebted
to be levied^ applied, and accounted for.
£100 by him ooUeetoa
and paia oTer.
CoUeetor to levy rates
andMMMmeBU in af
rear for preeedingyears
Powan of tha officers
appointed u^der this
act: penalties to which
they are liable.
Afanner la which the
fines andfoileitoies on*
derthis actaretobc le-
Tied, applied, and ac-
(SeeS8dGM.III,e2,
aad^th,c47»14.i
Chapter VI.
An ad to continue an act passed in the forty^third year of his Majesty^s reighy entitled^ (48d Geo. m, e 9.)
^^An act for the better securing to his Majesty ^ his heirs and successors^ the due col-
lection and receipt of certain duties therein menHonedy
[Passed March 8, 1806.]
WHBSCA0 an act of the parKament of this province, passed in the forty-third year of Preamble.
his I^bgesty'« reign, entitled, ^^ An act for the better securing to his Majesty, his heirs
and successors, the due collection and receipt of certain duties therein mentioned;" which
^7 experience hath been found beneficial aiid useful, will shortly expire ; therefore, for
oentiniiiiig the same, be it enacted, by the King's most excellent Majesty, by and with the
ndvice and consent of the legislative council and assembly of the province of Upper
Paxmi^ constituted and assembled by virtue of and under the authority of an act passed
in the paiiiament of Great Britain, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, ehtitled^ * An act for making more
effectoal provision for the government of the provirtce of Qiiebel^ in North America, and
tn make further provision for the government of the said province,' " and by the authority .
of iBe same. That the said act of the parliament of this province, passed in the forty-thii^
7^ of his Majesty's reign, shall be, and is, hereby continued.
Q. [Repealed by 48th Geo. Ill, c 8, by which the 4Sd Geo. Ill, c 9^ is made perpetual.]
43d Geo. Ill, c 9, con-
tinned dnriiff the term
of two years.
Chapter VIK
Ak act for applying a certain sum of money therein meniioned^ to make good certain j^iss: S; si to
monies issued and advanced by his Majesty ^ through the lieutenafU goberifior; in pur- JIS" def»/^tiSSt
nujMce of seteral addresses. expenses of prevfons
16 '
SCSsiOB.
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Google
ir»
Third Session of tHe fonrtli Provliieial Parliament.
MET AT YORK, OM THB SECOIID DAY OF IXBRlTAftT, AND PROROGUED OK THE TBHTH DAT
OF MARCH FOLU>WI1IO, IN TOR F0RTT-8BTRMTH YCAE OF TMB RBlfilf OF.
OEOROE III* .
FRANCIS GORE, EStlUIRE, LIEITTENANT GOVERllOR.
Anno DomiJ&l 180T*
PenoM who hATe bw-
▼ed, bat iMTe not been
boaMbj emutrmeU in
writiDd M clerks to M-
toniM for the sMce of
fiye yean, duOl noC-
withatanding, on or be-
fore the hft day of
Trmitj term, 180^ be
qoalified to be twora
•ndadwtted aUemie*
eflhe eowt oT king*!
Cliapter I.
An act /or the rdief of clerks to attamies, who may have served their clerkships^ toiihout
being bound by contracts in writing.
Cliapter II*
An act to repeal the several acts now in force giving bounties for destroying wolves.
[RxPBAi.9 830 Gso. UI» Ch. U» ajid 4Sd, Ch. 6.]
The Eaaten diatriet
and diatriet of Johns-
town, reipeetirely, to
pay one half of the mo-
niee dve upon orden of
the qaaiter aeesionf of
the Btften diatriet,
■ade before the llrat
diyorjMiMy.lSOO.
Chapter III.
An ad to regulate the payment of certain debts due by the Eastern district^b^a/re the
eJtdbUshment of the diairict of Johnstown.
The49dGeo.III,e 4,
reriTedaiid eoBthraed
for two yean.
Chapter IV.
An act to revive and continue an act passed in the forty-second year of his preeent Ma-
jesty^s reign^ entitled^ " An act to enable the governor ^ lieutenant governor^ or person
administering the government of this province^ to appoint one or more additional
port or ports J place or places of entry y icithin this province^ and to appoint one or mare
collector or cMectors at the same^ re^ectively.^*
[ESPXAB^.]
Prea»ble.
Fartona anthorised to
the bw nay
Chapter V.
An ad to authorize practitioners in the law in this province to take such a number qf
clerks as is therein mentioned.
[Paased March 10, 1807.]
Whereas it is necessarj to facilitate the education of youth in this province to the
profession of the law ; be it therefore enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the pro-
vince of U{q)er Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, ^' An act to repeal certain
parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for
making more effectual provision for the government of the province of Quebec, in North
America, and to make further provision for the goyemment of the said province,' " and
by the authority of the same, That from and after the passing of this act, it shall and
may be lawful for all and every person now authorized to practise the ivrQCeQWO.Qf the
Digitized by^
IjVV n 1^ proTmpe, or who shall be hereafter duly authoriased to praetise as aforesaid,
^ t^e apd have four clerks at one timei and no more, any former law or regulation to th^
cont^iy notwithstanding.
Jb^Mlioutabli9hpubReschool8 in each amd eoery Ustriet o/thiApramhce.
j|lfMT COIACIOVS SOsTKAXIOK:
Wjiereas it i» cowidered e3q)edient that some means be devised for the education of
jTDoih, iMj it therelbre please your Majesty that it be enacted, and it is hereby enacted
by the King's most excellent Majesty, by and with the advice and consent of the legislative:
eouDcil and assembly of the province of Upper Canada, constituted and assembted by vistue
of and under the authority of an act passed in the parliament of Great Britain, entitled,
*^ An aet to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, 'An act for makbg more effectual provision for the government of the
in^vince of Quebec, in North America, and to make further provision for the government
of the said province,' " and by the authority of the same, That for the establishment of
-pnUie seliocds in this province, the sum of eight hundred pounds shall be annually paid,
tei maniier hereinafter mentioned, out of any monies which are now raised or levied, or
^Mrtdeh hereafter may be raised or levied, by authority of parliament, to or for the uses, of
tliiB ^ovince.
II. And be it further enacted by the authority aforesaid, That there shall be one public
sehool in each and every district of this province ; and that out of the said sum of eight
taodred pounds, annually so appropriated as aforesaid, the annual sum of one hundred
poundlB shall be paid to each and every teacher, who shall be nominated and appointed to
any of the said public schoob in this province, for the education of youth, in manner
hereinafter mentioned.
III. And be it further enacted by the authority aforesaid. That the public school for the
^ostein district, shall be opened and kept in the town of Sandwich ; and the public
school fi)r the district of London, shall be opened and kept in the township of Town-
send, [d\ [6} at such, {dace as the trustees, or the majority of them, shall think proper to
^ipoint ; and that the public, school for the district of Niagara, shall be opened and kept
ia the town of Nii^ara ; and that the public school for the Home district, ^all be opened
and kept in the town of York ; and that the public school for the district of Newcastle,
shall be opened and kept in the township of Hamilton, at such place as the trustees, or
die WMfoniy of diem, shall think proper to appoint; and ihat the. public school for the
Midland district, shall be opened and kept in the town of Kingston ; and that the public
school for the district of Johnstown^ [cy shall be opened and kept in the township of
Augusta, at such place as the trustees, or the majority of them, shall think proper to
appoint ; and that the public school for the Eastern district^ shall be opened and kept in
Ifa^ town of Cornwall.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
*4lovMCMr.(liegovemOT, lieutenant governor, or person administering the government of
lUp^jpcwrioe^ to uppoialfrom time to time not less than five fit and discreet persons in
(MskMHl every <tistriet of this province, trustees to the said public schools, which, said
trustees, or Hit najority of them, shall have full power and authority to nominate a fit
and discreet person as teacher thereof, and to examine into the moral character, learning,
and eapadty, of such person so nominated ; and being satisfied with the moral character,
learning, and capacity, of such person, it shaU and may be laiyful for the said trustees, or
the ma|ority of them, to report such their nomination to the governor, lieutenant governor,
•r person administering the government of this province, either to affirm or disaffirm such
tomsQPtion ns aforesaid ^ Proidded always, That tho said trustees, or the mwority of
them, shall have full power and- authority, in their discretion, to remove such teacher from
his pid>lae school, for any misdemeanor or impropriety of conduct, and thact it shall and may
^.btn^QJii for the said trustees,, or the majority of them, in each and every district of this
ff^vioee^ in case of the demise, dismissal, or removal, of any teacher of the said public
sdbb^tls, to nominate and appoint, as often as the case may require, 6ne other 'fit and
^jififteii person^ as a teacher to the said public school, which trustees, or the majority of
t^aijL pre^dous to sych nomination and appointment as aforesaid, shaU examine into the
mcffal character, learning, and capacity^ of such teacher, and being satisfied therewiA,
su|kK appointment shall be immeoiately transmitted to the governor, lieutenant governor,
orMTSon administering the government of this province, either to approve or disapprove
Digiti
The tain of X80S to be
annittUy paid for the
ettablishmeiit ni pabUe
tchodii.
One imbUe eehoel la
every district.
iCIOOtobepeid HUiv-
ftUy to every tMeher of
sueh pvblie achool.
PhMet where the eaid
puhttetehoofamtihe
Kept ia eaehnipeetift
dittiiet
[a]See4SUiG«o. Ill,
el«,.l.
mbittrietoTLoiidoB,
•tWttoria.
g
e] JolmrtowB, at
Broekrille. 69th Geo.
in,e4.
The govenor, Ueatcn-
•at ^oremor, orperMm
admmuterii^ the ^
It, to appoint
tnutees in every dit-
triet for sAid schoob.
Tituteee to i.
fit penoB as teacher,
and to report their ao-
nunatioa to the gover*
aor, ae. who may ei-
ther aArm or rajeet
each nomiaatioa.
Traiteet may resMnre
aay teacher aad aoaai-
Bate aaother, aad re-
port as aforeaaid.
Ooveraor, ac. mty ei-
ther approve or disap-
re of each last Biea-
prove o
tioaeds
zedbyV:iOOgle
r^
T^nMteea Mfthoriaad to
makft rales and ngoltf
tiona rMpMdiiig «aid
«0hoolf.
Mod« of pajmeat of
' loCtbei
theMbriex
taaehen.
ContiaotfiM oTthu «et .
a 7,8, 9^ 10, U.— FoBTT-eievwfTit Ybab of Csosob tll.-^1807. ' ^ ffftiM teiMoir,
V. And be it further enacted by the authority aforesaid, That the trustees appointed
under and by virtue of this act, in each and every district of this provin^e^ or the uajority
of them, shall have full power and authority to make such rules and regulatibiis Sot t^
S'ood government and management of the said public schools, with respect to the teacher,
or the time being, and to the scholars, as in their discretion shall seem meet.
VI. And be it further enacted by th^ authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
this provipce, from time to time, to issue his warrant to the receiver general of this pro-
vince, for th(B payment of such yearly salary or salaries, half yearly, as shall or may from
time to time be due lb any teacher or teachers appointed under this act, upon such tead^
or teachers producing a certificate, signed by the trustees, or the majority of themr, of the
district of which he sh^l have so taught or educated youth, of his having fakhfully
demeaned himself in his oflSce as a teacher as aforesaid, for and during such tiaie as he
shall so require payment for his service.
VII. [Repealed by 48th Geo. Ill, c 16.]
>iud
Chapter VII.
An actio r^peol the ^ifiveral acU now in force in this province^ relative to ratee and oa-
' sesementSj and also to particularize the property^ real and personal^ which, during the
corUinfUance thereof , shall be subject to rales and assessments^ and Jixing the several
valuations ai which each and every particular of such property shall be rated and
assessed,
[RsPSALED BT MtT Gbo. Ill, Cb. 8.]
Xlftl : 2 c 6i
to defray
expense* of
ted
Cliapter VIII.
An act for applying certain sums of money therein mentioned^ to make good certain
monies issued and advanced by his Majesty through his Honor, Mr. PreHdent Cfrant^
in pursuance of two addresses.
Cliapter IX.
An act for granting to his Majesty, dutiefi on licenses to hawkers, pedlars^ and petty
chaptnen, and other trading persons therein mentufn^.
[RspsAtBi) BV 5IfT Geo. Ill, Cr. % Ssc. 1,]
Cfmtiiracd by 49th Geo.
UI, c 1.
(See 68th Geo. IIL e
13.) '^ • '
Chapter X»
An act for granting to his Majesty, his heirs and successors, to and for the uses of this
province, the like duties on goods and merchandize brought into this province from
the United States of America, as are now paid on goods and merchandize imported
from^he United States of America into the province of Lower Cfanada.
* ' ' [Ezp»Bf>.]
Preunblc.
Chapter XI.
An act to establish the fees of the clerks of the peace, and to regulate the fees in the
several courts of quarter sessions throughout this province.
[Ptited March 10^ 1807.}
Whereas it is proper to establish the fees of the different clerks of the peace in this pro-
vince, and that provision be made for the payment of costs arising in the court of general
quarter sessions ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of Uj^r
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliamont of Great Britain, entitled, " An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, * An act for making more effectual
provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority
Digitized by VrrOUy It: ^
Fcmmm Pasejabcsitt.]
C. IS. — ^FoBTT-sETEirrH Ybar of 6sogRO£ III.— I80T.
of the same, That from and after the passing of this act, the following fees shall be
allowed to the different clerks of the peace in this province ; for drawing the precept,
and attending commissioners to. sign the same, and transmitting it to the sheriff, one pound ;
yt<ending each quarter session, one pound and ten shillings ; making up the records of
each session, two pounds and ten shillings ; notice of every appointment, one shilling ;
list of jurors, every one hundred names, two shillings and six pence ; making up estreats
of each session, and transmitting the. same to the inspector general, five shillings ; to be
paid out of the district treasury ; every recognizance for the peace or good behaviour, to
be p«id by the party bound, five shillings ; for discharging the same, two shillings and six
pence; subpoBna, two shillings and six pence; bench warrant, five shillings; drawing
indjetment, ten shillings ; allowance of certiorari) to be paid by the person applying for
the same, five shiUines.
II. And be it further enacted by the authority aforesaid, That when any person cur
persons sliall be convicted before any court of quarter sessions in this province, of any
assault or misdemeanor, such person or persons so convicted, shall pay the costs of such
convictfon and prosecution, that shall be allowed and taxed by the said court ; and when
0aeh defendant or defendants shall be acquitted, the prosecutor, unless it shall appear to
the said court that there were reasonajble grounds for prosecuting, to be certified by the
chairman, by indorsement on the back of the indictment, in open court, shall pay such
costs of prosecution, as shall be allowed and taxed as aforesaid : Provided nevertheless.
That vrnen any defendant or defendants shall be tried on a presentment of the grand
jury, and shall be acquitted, the costs shall be paid out of the district treasury : Provided
nevertheless. That nothing in this act shall be construed to extend to deprive the clerks
of the peace of such fees as are aKowed by any act of parliament for other services.
m
P6M tXkfwd to tke.
ckriKiorthepcttoe.
C<Mtfto^|MudattH
qoarter feftions hjpa^
iOM eoorieted.
la wliat euet pvoMCpr
ton flIiiUI |wj coits.
When eoftf thoO In
Midbythedifltriet ..
(Bee SMGeo.'in; olB.)
Cliapter XII.
4n act for the preservation of salmon,
[Repbalbd bt 2d Obo. rV, Cb. 10.]
Digitized by
Google
iJ-'.l
Fojmtii Session of the foiurtb Provtaieiitl ParliameiKf;* ^
BI^T AT YORK, OK THE TWENTIETH DAT OF JANtTART, AND PROROQtTED ON TBE SIAtWlHilt
DAT OP MARCH FOLLOWING, IN THE FORTT-EIQHTH TEAR OF THE SElSW
OF OEOROE III.
FRANCIS GORE, ESQUIRE, LIEUTENANT GOVERNOR.
Anno Domini 1806«
put of the I4th ■eetionf
of this met are repealed.
Alao tke llrat aectiooa^
•• far aa relatea to the
nuik of the offieen, by
of the. nflhia.
iwitheficera of
UaB^jeatj'flbioea.
Liaita*to be meified
to eieh eaptam, from
withiBwhSliUaeoiA.
i«qri«tobe enrolled.
Jkg^ of periona who
-^'^ bo OBToiled in the
? of emolmeBt
(See IWth Geou III, e
Peoaityfor ncigloctiiig
toboeuoUod.
Notfoo.
■soeftkMi aa to periona
i^boro the age of fifty.
AbatMO at the time of
•Molment, not to pre-
TOBt the name of any
Chapter I. ,
4nactto explain^ amende and reduce to one act of parliament^ the several Uno9 fioip
in bei^ for the raising and traimng the mUUia of this province.
[Paaaed March 10, 1806.^
Whsrbas a weH regulated militia is of the utmost iiiq>ortance to the defence of thfs
province ; and- whereas the laws now in force, for the training and regulatiog thereof^ m
in some reapeets defective ; be it therefore enacted by the King's most excellent Majesty, ij
and with the advice and consent of the le^slative council and assembly of t^e provincf
o£ Upper Canada, constituted and assembled by virtue of and under the authority ot aa
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of die province of Quebec, in North America^
and to make further provision, for the government of the said province,' " and by the
authority of the same, That from and after the passing of this act, the governor, liei^^
tenant governor, or person administering the government of this province, shall and may,
from, time to time, constitute and appoint, under his hand and seal, a sufficient number of
colonels, lieutenant colonels, majors, and other officers, to train, discipline, and eommand^
the militia of this province, according to the rules, orders, and directions hereinafter men*
tioned, and the officers so appointed for the militia shall rank with the officers of such of
his Majesty's forces, as may for the time being serve within this province, as youngest
of their respective rank, which said officers respectively shall within six months after
their several appointments, take the oath of allegiance to bis present Majesty, his heirs
and successors, before the magistrates assembled in quarter sessions, within the district
to which such officers respectively belong.
II. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for the colonel or officer commanding any regiment or battalion of militia, and he is
hereby required, to specify to each captain of a company, of his regiment or battalion,
tiie limits from within which the militia-men of such captain's company shidl be enrolled.
III. And be it further enacted by the authority aforesaid. That every male inhabitant,
from sixteen years of ajge to sixty, shall be deemed capable of bearing arms, and shaDi
enroll his name as a militia-man on the first training day on which the said companies shall
be drawn out, in the division or limit in which his place of abode may be, and shall at
such meeting«ive in his name, his age, and place of residence, and if he has thereto but
lately removed, he shall make the same known, together with the place from whence he
removed, and each and every such inhabitant, who shall not attend and give in his name
to the captain or officer commanding the company for such division or Omit, so that his
name may be enrolled as a militia-man, shall for such neglect forfeit and pay the sum of
ten shillings, to be recovered and applied in manner hereinafter mentioned : Provided
nevertheless. That no inhabitant shall be convicted of the offence herein described, unless
it is proved at the time of trial that the said inhabitant had been notified, either perscm-
ally, or by leaving a verbal notice at his usual place of abode, of the time of meeting, at
least six days previous thereto : Provided always. That no person above the age of nfty
years shall be called upon to bear arms, except on the day of annual meeting, or in time
of war or emergency.
IV. Provided always, and be it further enacted by the authority aforesaid, That the
neglect of any person so to present himself for enrolment and exercise, shall not be con-
strued to prevent the captain or officer commanding the company of militia of the limits
wherein the place of residence of any such person may be, from entering the name of
such person, and such captain or officer commanding such company as aforesaid, is hereby
required to enter the*name of every such person, as shall come to his knowledge, upon
Digitized by VniJUy IC
lfV>lhlTfl PABUAMSNTi]
C. 1. — FcaTT-EiOHTR Yeaa OF OsoUcns III. — i806v '
m
fllultni w btfcwMv Mtt
on tike 4th of Jxiiit, tm
ottattefH reqiiiitd, lb
be reriewed and espc^
ciied.
[a] Time of meetlac
repealed. Bee 9d ^
Penalty for negleetlag
or reftuiDg tofltteiid*
ed ft difTerent
and in ■eparata bodiaa.
RoUs and rettma of tlie
different eoaapaniea to
b«siT«B.
Peoalty for neg^eet.
Adjntant geaaraltoba
appointed.
A[e enrolment of bis company, and wHen so entered, eveiy such person shall be subject
to perform all and every the like militia duties, and under the same penalties, as if he
tiad perspnally presented himself for enrolment : Provided also, That if any difference
iim ^ari^e iMetween an]^ captain or officer and any militia-man, touching the age of such Age ^ m
^ma-man, it shall be incumbent on the said ndlitia-man to prove his age. how to b«
V. And he it further enacted by the authority aforesaid, That the colonel or officer
^omnumding each regiment or battalion, shall on the fourth day of June [a] in each and
everjjrear respectively, or in case it shall happen on a Sunday, then on the next day,
fn^ bifenery.if he thinks it necessary, ckll out the militia of such regiment or battalion^
to be reviewed and exercised, and in his absence from the county, or in case of his removal
dr. death, the said militia shall be called out by the next senior officer of such regiment
<NriiiattaIion, and every person liable to serve in such militia, whether officer or private,
neglecting or refusing to attend, (^except in case of sickness, or having obtained leave
of absence,) shall forfeit and pay, if an officer, forty shillings, and if a non-commissioned
pfl&cer or private, ten shillings ; but if it shall appear to the colonel, or officer command-
ing such regiment or battalion, to be more conducive to the interest and convenience of kiiitia maybe reTieW^
such regiment or battalion, that the militia of the same be reviewed at different times, '^ '* ""
and in separate bodies, it shall and may be lawful for the colonel or officer conunandine
such regiment or battalion, to call out a part of the militia at some convenient time and
place, and the remaining part at some other convenient time and place, as to him shall
seem meet, and at every such review, the captain, or officer commanding each company,
shall give to the colonel, or in his absence, to the next senior officer, fair written rolls
of tiieir respective companies, and the colonels, or other commanding officers, shall
tnm^t^rettims to the governor, lieutenant governor, or person administering the govem-
jnent, within fourteen days after the fourth day of June, in each and every year, under
ihe penalty of five pounds for each captain or other officer commanding a company, and
for each colonel or officer commanding a regiment or battalion, ten pounds, for each
heM^ctor refusal.
v L. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government, to
kppoint a proper person to be adjutant general of the said militia, who shalldo all matters (See siat, e^ 4
and tlunga appertaining to the said office of adjutant general. *» "^ *•"» * ^-^
TtL And be it furmer enacted by the authority aforesaid. That the captains of the
inititi:^ ahall draw out their respective companies not less than twice, or more than four
times in every year, (giving six days notice thereof,) at the most convenient time and
riface in the county or riding, and shall inspect their arms, and instruct them in their
fliiffes, and every person after such notice as aforesaid, who shall neglect to attend, or
iihall (Ksbbey, whether subaltern officer or private, (except in case of sickness, or leave
of ab^nce,} shall forfeit and* pay, every officer the sura of forty shillings, and every
noQ-commissioned officer or private, the sum of ten shillings, for every such neglect or
diso^dience.'
Vin. .And be It further enacted by the authority aforesaid^ That in time of war, re-
belUbti) or any other pressing exigency, it shall and may be lawful for the governor,
heutenanl governor^ or person administering the government, to call forth any of the
diffei^nt companies of the militia, and to march them from their respective counties or
riding, towns, townships, or parishes, to any part of this province, there to serve in
Sk)njuinction with the other militia, or with his Majesty's forces, and any person refusing
to obey such order or command, or absconding from or neglecting to repair to the place he
IS orderedf to, being & commissioned officer, shall forfeit and pay the sum of fifty pounds,
and be held to be unfit to serve his Majesty as an officer m any military capacity, and
bd&g a non-commissioned officer or private, shall forfeit and pay the sum of twenty
£)uiids, and in default of payment for such refusal or neglect, such officer, non-commis-
oned officer, or private, shall be committed to the common gaol of the district, for any
time not less than six nor more than twelve calendar months, except such person shall
satisfy the colonel or officer commanding such regiment or battalion to which he belongs,
tlut duch refusal or neglect arose from sickness, or that he was absent upon leave : Pro-
vided always. That no part of the militia called forth in the manner aforesaid shall be
oUiged,to continue in actual service for more than six months at one time, and no militia-
man shiall be so called out who shall be above the age of fifty years, unless that the whole
of the militia of any district or battalion to which he may belong shall be called out and
embodied : Pro\aded also, That it shall not be lawful to order the militia or any part
thereof, to march out of this province, except for the assistance of the province of Lower
Canada,, (when the same shall be actually invaded or in a state of insurrection,) or except
in.;]^ui^ult of an enemy who may have invaded this province, and except also, for the
dcstrdetioh of aiyr vessel or vessels built or building, or any depot or magazine formed
or fonning, or fot the attack of any enemy who may be embodying or marching for the
Digitized by
liifltoa«timi ei ai
inmiatiQiiai*
d«^.
'eBahrfoi
lea alter
In trliat manner
militia to In
foith in time of war.
Penalty Ibr
enee.
tflMbedi-
Militia not to serre
more than six
at one time.
When a penon aMrt^
'- canofagotolte
Whm th« militia to
march oat of t^ pgf*
Ttnce.
Google
m
C. !• — ^Fo«7t«sxouTH YsAB OF GjBosaK III.--*1808.
[Fcfowsn
OoT«fiior. &e. ouj eaU
Whan faeh deteeh-
watvia may ba called
'oat b^ die aenior colo-
ycl, liantanant eolooel,
IwpraMing of cairiar
j(«« and li«Ma.
Hiraoftba
r«]8aaS8ilGeo. IIJ,o
^batitata toaerre la
Um militia.
(Rapaaledby 401 Geo.
Begimeatc and battal-
ioiw bow to be formed.
One adjutant and one
\mti» maater, to each
ttifpmvoi or battalion.
Nnaaber of aeijeanta
teir to be fixed.
r to be formed.
riUpealed by 2d Geo.
Peaallj for diaobedi-
ence of orders, quarrel-
ling with or insulting
an officer in the execu-
tion of hia duty.
Militia-man when call-
ed out. ahall proride
bimaelf wiUi musket,
i^ and with powder
andbaU.
[The finding^ ammuni-
tion br the militta-man,
repealed. See Sd Geo.
purpose of invading this province, or for the attadc of an^ forttfieatioD now erected, or
which may be hereafter erected, to cover the invasion therepf.
IX. And be it further enapted by the authority aforesaid, That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government,' to
call out detachments of the militia, and to limit and fix the number of men to be called
out on such detachments, and in cases of emergency, by actual invasion, or otherwise,'
when it may not be practicable to consult the governor, lieutenant governor, or person
administering the government of this province, it shall and may be lawfid for the sefiior
colonel, or in his absence, the lieutenant colonel of the several regiments or battalions, to
limit and appoint the number of men that he shall judge necessary to be called out, and
for that purpose to issue his orders to the several commanding officers, and also to direct
and authorize any officer, having first obtained a warrant for such purpose from one of Us
Majesty's justices of the peace, to impress such carriages and horses as the service may
require, for the use of which the owner or owners thereof shall be entitled to receive
the sum of seven shillings and six pence per day, [a] for every cart or carriage with two
'horses or oxen, during such time as the same shall be employed or detained oti p\ibtic
service : Provided always. That whenever itirtiall happen t^t ojily pdrtbf .the miiiiia o^
this province shall be called out for actual service, it shall and may be la^Hul for any
person, being of the militia of the county or riding (hat may be so cdled out, to pi^ovidb
and send an able bodied man to serve in the said militia in his stead, and such able bodied
man shall be taken and received as a proper mibstitute for such person living ia the county
or riding, that would otherwise be obliged to serve in the said part of the militia called
out as aforesaid. ^
X. And be it further enacted by the authority aforesaid. That in the several cotlntieji
and ridings, where the number of men is sufficient, the militia shall be -formed into regi-
ments, consisting of not more than ten, nor less than eight companies, which oommmes
shall consist of not more than fifty, nor less than twenty private men, and the field ol^cers
of such regiments shall be as follows, that is to say, one colonel, one lieutenant colonel,
and one major, and where the number of companies shall be under eighty and not less than
five, such militia shall be formed into a battauon, and the field officers of such battalion
shall be one lieutenant colonel and one major only, and in each regiment or battaUoh ot
militia, there shall be one captain, one lieutenant, and one ensign to each company.
XL And be it further enacted by the authority aforesaid. That to every regiment or
battalion of militia, there shall be, in addition to the officers already mentioned, one adjutant
and one quarter master, and that every field officer, commanding a regiment or battalioti.
shall fix the number of Serjeants who shall serve in each company in his regiment or
battalion, and the captains of the said companies shall respectively nominate the s£rjeanti
thus fixed, and make a return of their names to the field officer commanding such regiment
or battalion, who is hereby authorized to approve or disapprove of such nomination.
XIL And be it further enacted by the authority aforesaid, That in the several cotmties
and ridings where the militia-men are not in number sufficient to form a regiment o^
battalion, according to the intent and meaning of this act, the militia of such counties of
ridings shall be formed into independent companies, each company to consist of not more
than fifty, nor less than twenty private men, with one captam, one lieutenant, and onS
ensign, to each company, and that the governor, lieutenant governor, or person adminis-
tering the government may, when he shall think proper, join together any number of such
independent companies, and form a battalion or battalions, or may incorporate them with
any other regiment or battalion of militia, provided the number of companies in any such
regiment or battalion be not thereby made to exceed the number of companies of iVhicli a
regiment or battalion of militia is hereinbefore directed to consist.
XIII. And be it further enacted by the authority aforesaid. That every non-commis^
sioned officer or private who shall refuse to obey the lawfiil orders of hi? supe^or officer
or officers, when employed on militia duty, or who shall quarrel with or insult by abusive
words or otherwise, any officer or non-commissioned officer, being in the execution of his
duty, shall, for every such offence, forfeit and pay a sum of money not exceeding five
pounds, nor less than ten shillings, current money of thb province, at the discreaon of
the justice or justices imposing such fine, and according to the nature of the offence.
XIV. And be it further enacted by the authority aforesaid. That every peraon wfio
now is enrolled in any regiment, battalion, or independent company of militia, shall, within
six months after the passing of this act, and every person who shall hereafter be enrolled
of any regiment) battalion, or independent company of militia, shall, within six months
after such enrolment, provide himself with a good and sufficient musket, fusil, rifle, or
gun, with at least six rounds of powder and ball, and shall come provided with the same,
at each and every time when he shall be called out, either for the purpose of review,
exercise, or actual service, and if any person, so enrolled, shall neglect or refuse to provide
himself, or to come so provided, as in the case of review or exercise, he shall, fe'r eacti
Digitized by VrjiJOV IC
Fomntf P*mLiAianrr.]
C. L— 'Fosry-kiOiiTH Ykab ow Gsobos III.— 1806.
l«l
ofeitoe^ be liable to a penalty of five shillings, and in the case of actual service, to a penalty
of forty shilling, to be levied in manner hereinafter mentioned: Provided dwars, That
when and so men as anj militia-man shall make it appear to his captain or officer com-
manding the company, that he has not been able to procure such musket, fusil, rifle, or
gun, it shall and maj be lawful for such captain or officer commanding such companj, to
admit of such excuse, and to certify the same in writing accordingly, m which case sUCh
militia-man shall not be liable to pay the said fine of five shillings' in case of review or
exercise^ and forty shillings in case of actual service.
XV» And be it further enacted by the authority aforesaid, That every person who shall
sell or baiter any part of the arms or equipments which may be delivered to him out of
his Majesty's stores, or who shall destroy the same, and every person who shall buy, or
by barter obtain such arms or equipments, shall severally and respectively forfeit and pay
the sum of five pounds for every oflfence, on conviction thereof by the oath of any one
credible witness, before two justices of the peaoC) residing within thd county where the
same luia been committed, and in case the person or persons so selling any part of his or
their arms or equipments as aforesaid, or the person or persons obtaining the same in
manner aforesaid, being thereof convicted as aforesaid^ shall refuse at neglect to pay the
said sum of five pounds, it shall and may be lawful for the said justices^ by a warrant under
their hands and seals, to commit such person or persons to the gaol of the county or district
where the offence shall be Committed, for any space of time not exceeding two months :
Provided always. That it shall and nmy be lawful for the said justices to discharge the
(efton or persons so offending, any time before the expiration of the said two months,
when the person or persons so convicted as aforesaid, shall tender to the said justices the
penalty inflicted by this act.
XVL And be it further enacted by the authority aforesaid, That at all times when the
mth'tia may be called out and embodied for actual service, the officers, non-commissioned
officers, and private men of the several regiments, battalions, and independent companies
of mihtia, shall, from the time of their being drawn out and embodied as aforesaid, and
until they shall return to their respective towns, townships, parishes, or places of abode,
remain under the command of the governor, lieutenant governor, or person administering
the government, or other officer having the command of them, and shall be liable to punish-
ment for mutiny and desertion as hereinafter mentioned, that is to say, that every officer,
non-commissioned officer, or militia-man, who shall presume to use traitorous or disrespectful
words a^nst his Majesty's royal person, or disrespectful words against any of the royal
fSBonily, if a commissioned officer, shall upon conviction thereof before a general court
martial, as hereinafter is directed to be established, be cashiered ; if a non-commissioned
officer or private, he shall suffer such punishment as by the sentence of the said coUrt
martial shall be awarded.
XVIL And be it further enacted by the authority aforesaid. That any officer, non-
commissioned officer, or militia-man, who shall behave himself with contempt or disres^ct
towards^ the governor, lieutenant governor, or the person administering the government
for the time teing, or shall speak words tending to their hurt or dishonor, shall be punished
according to the nature of his offence by the judgment of a general court martial.
XVIIL And be it further enacted by the authority aforesaid. That any officer, non-
commissioned officer, or militia-man, who shall begin, excite, cause, or join in, any mutiny
w sedition in the redment, detachment, troop, or company, to which he belongs, or in
any other regiment, detachment, troop, or company, whether of embodied militia or of
his Majesty's regular or provincial forces, in any camp or post, or upon any party, detach*
ment, or guard, on any pretence whatsoever, shall suffer death, or such other punishment
as by a general court martial shall be awarded.
XIX. And be it further enacted by the authority aforesaid. That any officer, non-
commissioned officer, or militia-man, who, being present at any mutiny or sedition, shall
not use his utmost endeavors to suppress the same, or coming to the knowledge of any
mutiny or intended mutiny, shall not without delay give information thereof to his
commanding officer, shall suffer such punishment as by a general court martial shall be
awarded.
XX. And be it further enacted by the authority aforesaid. That all officers, non-
commissioned officers, and militia-men, who shall be convicted of havine deserted to the
enemy, shall suffer death, or such other punishment as shall be awarded by a general
court martial.
XXI. And be it further enacted by the authority aforesaid. That any non-commissioned
officer or militia-man, who shall quit, or otherwise absent himself from his regiment,
detachment, troop, or company, without a furlough from his commanding officer, or who
shall withdraw hunself from the regiment, detachment, troop, or company, into which he
has been embodied, in 'order to attach himself to any other regiment, detachment, troop,
or company, then in service, whether of the militia or of his Majesty's regular or provincial
it
PcMt^fcrMsket
BxecpC «teiHed by ft
•erdfiMite from hit
Beer.
PeiMlty to be Mid br
ereiy |ienoii trbo shaU
•ell or bay arms, &c.
delivered eat of the
Kiag'i ttorea.
Puniahment when the
militia are embodied
for actual aerfice, for
using traitoroos or dia-
retpcctftil worda a-
gaitist the King or any
of the royal family.
Pnnbhment forbehar-
tag with contempt, or
apeaking worda to the
hurt or dishonor of the
goremor, &e.
Puniabiiient fof mutiny
and sedition.
Pliniahmciit for nbi En-
deavoring to suppfftss
the same, or give in-
formation thereolw
Punishment for deser-
tion to the i
Non-eomifiissioned offi-
cer or milttia-man not
to alMent himself with-
out furlough, nor attach
himself to any othet
regiment, Itc
Digitized by
Google
tft4
C. I.-^FORTT-BIORTH YeAR OP OSOBOC lit— 1808.
[FOUBVK SM00»,
PnalilimeiiC ftur teeeir-
imgi enteiiaiiiiiiif, and
not dfoeoverisg raeh
BiMi-eoBimiBsioned offi-
cer or militift-man.
Pimishmeiit for having
aMted hia to doMft.
Mode of ordering and
of assembling general
oonrtt martiar
(8o0MiOeo.lII,el2L)
The membera of wliiefa
tkej thall consist
Jndge adFOcate to be
appointed.
Oatii to be taken by
tUncabwa.
Oafh to be taken bj the
judge adrocate.
Oatbto be administer-
ed to witnesses.
go judgment without
e eoncurrence of two
thirds of the members.
Not to be executed
without the i^proba-
tion of the governor,
fte.
No officer of other for-
ces to sit in such court
martial.
Aegulations to which
the militia shall be sub-
ject, while embodied
on actual serriee.
Non-commissioned of-
ficer or priretG mim not
su1>)ect to thejmhish*
ment of being wnipped.
(Rcpcded br 69th
OeoflII,cl2.)
forces, shall) upon being convietecl thereof, be punished according to the nature of U9
offence, at the discretion of a general court martial, and in case any officer of the militia
shall knowingly receive and entertain such non-commissioned officer or militia-maa, or
shall not, after his being discovered to be a deserter, immediately confine him and ^ve
notice to the regiment, detachment, troop, or company, in which he last served, he, ^
said officer so offending, shall, on being convicted thereof before a general court martia^
be cashiered.
XXIL And be it further enacted by the authority aforesaid, That if any officer, ncm-
commissioned officer, or militia-man, snail be convicted of having advised or persuaded
any other officer or militiarman to desert his Majest;jr's service, he shall suffer such
{Minishment as shall be awarded by a general court martial.
XXIII. And be it further enacted by the authority aforesaid, That when the militia of
this province shall be called out on actual service, in all cases when a general court martial
shall be required, the governor, lieutenant governor, or person administering the govern-
ment, upon complaint and application to him made, through the colonel or officer commandii^
the body of militia to which the party accused may belong, shall issue his order to the
said commanding officer to assemble a general court martial, which said court martial shafi
Consist of a president, who shall be a field officer, and twelve other commissioned officero
of the militia : Provided always. That in all trials by general courts martial, to be held by
virtue of this act, the governor, lieutenant governor, or person administering the government,
shall nominate and appoint the person who shall act as judge advocate, and that every
member of the said court martial, before any proceedings be had before that court, shall
take the following oath before the said judge advocate, who is hereby authorised to
administer the same, viz:
^^ You, A. B., do swear that you will administer justice to the best of your understanding,
in the matter now before you, according to the evidence, and militia laws now in force in
this province, without partiaUty, favor, or affection; and you further swear, that yoawill
not divulge the sentence of the court, until it shall be approved by the governor, lieutepant
governor, or person administering the government, neither will you upon any account, at
any time whatsoever, disclose or discover the vote or opinion of any particular member
of the court martial, unless required to give evidence thereof as a witness, by a court of
justice, in a due course of law. So help you God." " •
And 80 soon as the said oath shall have been administered to the respective members, the
president of the court is hereby authorized and required to administer to the judge aidvo-
cate, or the person officiating as such, an oath in the following words :
^' You, A. B., do swear, that you will not, upon any account, at any time whatsoever,
disclose or discover the vote or opinion of any particular member of the court martial,
unless required to give evidence thereof as a witness, by a court of justice, in a due course
of law. So help you God,"
And the said judge advocate shall, and he is hereby authorized to administer to every
person giving evidence before the said court, the following oath :
" The evidence you shall give to this court martial, on the trial of A. B. shall be the
truth, the whole truth, and nothing but the truth. So help you God."
Provided always. That the judgment of every such court martial shall pass wifli the
concurrence of two-thirds of the members, and sliall not be put in execution, until the
governor, lieutenant governor, or person administering the government, has aj^roved
bereof: Provided always, That no officer serving in any of his Majesty's other forces
shall sit in any court martial upon the trial of any officer or private man serving in the
militia. •*
XXIV. And be it further enacted by the authority aforesaid. That during the time in
which the said militia shall be embodied for actual service, they and every of them, as
well officers as privates, shall be liable and subject to all and every the provisions, ref-
lations, matters, and things, in this act contained, respecting the said militia, and also in
cases to which the provisions of this act do not extend, to all the rules, regulations, pains,
and penalties, of any act or acts of the British parliament that are or may be in foree (or
the punishment of mutiny and desertion,* not contrary to this act : Provided nevertheless,
That no sentence of any court martial so to be constituted and established, under and by
virtue of this act, shall extend to the loss of life or limb, unless for desertion, mutiny, and
sedition, traitorous correspondence, or for traitorously delivering up to the enemy, any gar-
rison, fortress, post, or guard, any thing herein contained, or any statute, law, or usage^ to
the contrary notwithstanding : Provided always. That in no caSe whatsoever, shall any
non-commissioned officer or private man, for any offence by him committed, be subjeeted
to the punishment of being whipped, by the sentence of any court martial whatsoever.
XXV. And be it further enacted by the authority aforesaid. That in all cases where a
militia officer, not on actual service, shall be guilty of improper conduct, or do any thii^
Digitized by VniJO^ IC
Vmmm PAU^iAMsifT.]
C. T. — F6ikTT-siGHTH Ybar OF Georoe III. — 1808.
135
EzemptiMf from tWf
iag in tiM miiitk«sMp(
in time of tetiaml sei^
vice.
Not to pmrwit tM im^
MMs to exenpted Iroin
holdiBg comwiMioMM
-- iathemiUtlA.
mbecominghiseharacter as euch oflSeer, not otherwise provided for in this act, the gover- Cowt^of ^^gg{y wfa^
Bor, Ueutenant goTemor, or person administering the government, upon complaint and ^ ■*• fttrt-Kkd.
ajpfAieation made to him thi*ough the colonel or other field officer of militia, commanding
the respective regiment or battalion to which the said officer against whom the complaint
is made, may belong, or in case the said colonel or other field officer is the party accused,
to the next in command, to issue his order to assemble a court of enquiry, which court
shall consist of one field officer, in rank superior to the officer accused, who shall be
president thereof, together with not less than four other commissioned officers, and such
court of enquiry shall examine witnesses, and take every necessary step to investigate the
matter alleged in the comjdaint against the said militia officer, and report the evidence in aeporttogoftnoryftc.
that behalf brou^t before them, to the governor, lieutenant governor, or person adminis-
tering the government, for his decision thereon.
XaVI. And be it further enacted by the authority aforesaid, That except in time of
actual service, the judges of the court of king^s bench, and clergy, the members of the
legislative and executive councils, and their respective officers, the members of the house
of aMescibly for the time being, and the officers thereto belonging, his Majesty's attorney
general, sobcitor general, the secretary of the province, and all other civil officers who
shall have been or hereafter may be appointed to any civil office in this province, under the
great seal of the same, as well as all magistrates, sheriffis, coroners, half-pay officers, militia
officers, having served by virtue of any militia commission in any part of his Majesty's domi-
nions, (who may not have been removed for any oflfence as an officer of militia, or who may
have obtained leave to resign his commission,) the surveyor general and his deputies duly
appointed, seafsmng men actually employed in the line of tneir calling, physicians, sur-
geons, the masters of public schools, ierry-men, and one miller to every grist mill, shall
be, and are hereby excused from serving in the said militia : Provided always. That this
•ct, and the exceptions herein contained shall not prevent, and it is hereby declared, that
the same shall not be construed to prevent, any or every of the above mentioned person
or persons firom hcriding commissions as officers in the militia in this province : Provided
dways, That it shall and may be lawful for the governor, lieutenant governor, or person
administering the government of this province, by warrant under his hand and seal, to
exempt any of the persons hereinbefore enumerated, from being called out on the service
aforesaMl.
XXVH. And be it further enacted by the authority aforesaid, That the persons (Called
Quakers, Menonists, and Tunkers, who, from certain scruples of conscience, decline
bearing arms, shall not be compelled to serve in the said militia, but every person profess-
ttig that he is one of the people called Quakers, Menonists, or Tunkers, and producing a
certifieate of his being a Quaker, Menonist, or Tunker, signed by the clerk of the meeting
of sneh sociehr, or by any three or more of the people called Quakers, Menonists, or
Tonkers, shall be excused and exempted fix)m serving in the said militia : Provided
nevertheless, That every such person or persons that shall or may be of the people called
Quakers, Menonists, or Tunkers, from the age of sixteen to sixty, shall, on or before the
fcrst day of December in each and every year, rive in his name and place of residence to Jc.^*tiS>*troLSer^
the treasurer of the district, where he or they snail reside, and pay to such treasurer, to tiie diatnci whotethoj
and for the public uses of such district, in time of peace, the sum of twenty shillings, and
in time of actual invasion or insurrection, or when any part of the militia of that district
shall be called out on actual service, the sum of five pounds ; and in default of such pay-
meat, it shall and may be lawful, on information or complaint on oath made by the said
treasurer, before any justice of the peace of such district, for the said justice to issue his
warranii under his hand and seal, to levy the same by distress and sale of the offender's
goods and cH&ttels, returning so much of the said distress as shall exceed the sum of
twenty shillings per annum in time of peace, and five pounds per annum in time of actual
invasion or insurrection, [a] or when any part of the militia of that district shall be called [aj see 6i«t Geo. iii,
out on actual service, deducting therefrom the charges and all other incidental expenses « '** i-
of su^h dtttress and sale, as well as the expenses of summoning ^uch offender before such
justice, to answer the said information and complaint, and the said sums so levied by the
said justice as aforesaid, shall be by him, within the space of two calendar months, paid
into the hands of the colonel, or in his absence, the next senior officer of the regiment,
battalion, or independent company of the division where the offence has been committed,
to be applied for the like purposes as the fines, forfeitures, and penalties imposed by this
set, and ibr want of such distress, the justice before whom such person shall have been
convicted, shall commit him to the common gaol of the district until he shall pay and satisfy
such sum, together with the reasonable charges incident to such conviction : Provided
neTertheless, That no person or persons so convicted, shall in any case be detained in
custody longer than the space of one calendar month : Provided also, and it is hereby
furAer enacted. That each and every of the persons usually called Quakers, Menonists,
and Tunkers, that have attained the age of fifty years, shall not be liable to the payment
Gorenor, k,t* mkj
gnnt ezemptioiis from
scrvii^.
Qnaken. M«iioiiitte»
■nd Tnnken, not to be
compelled to lenro.
Proof of being mek.
(SeeSOth Geo.
11.)
III,e
reside.
Pavmenta to him 1m>w
toDem
In case of non-pi^mMi^
diitrest money m nr
covered bow to be paid
and applied.
for
of sttch dittreie.
Circumataaceg
whicb Qaaken, iie.
•ball not be liable to
payment.
Digitized by VjiiJO
gle
IM
C. 1. — ^PosTT-VQRTH Ykaa of GbOB0S III.**180B.
When the gnremor,
k,e. may employ the
□uUtia upon lues, riv-
ers, communications,
&c. in such detach-
ments M he thall think
fit
How pertoBs shell he
taken to serve o^tneh
dcti^hsnenti.
Notice to be given to
such persons.
Cfovemor, Ite, may ap*
point detachments to
serve on board of ves-
sels, &e. with great
gvns and small arms,
and station them in any
of the eieeks, rivers,
fce. of this province,
and also train them to
the mse of great goai
and artinery.
Tfpops of eavahy may
be formed.
Time of service of said
detaehmeot^
In what manner they
shall be relieved.
ifethodto hepvfBned
in case such detach-
ments cannot be repla-
ced by an equal nam-,
ber dfmen.
, Punishmeot in casa of
nr>n-paymcnt of the
forfeitures imposed by
this act
Ni> noB-«ommisaioned
officer disehargedfirom
his Majestjr's service,
shall serve, in an inferi-
or station in the nilitu.
pf such sum of twenty sfaillings for being exempted from serving in the saM militia in tiond
pf p^ace, but that in time of war, or bther emergency, they shali be liable to serve, or to
the payment of five pounds for being exempted for every year, until they shell have
attained the age of sixty years.
XXVIII. And be it further enacted by the authority aforesaid, That in time of war,
when and so often as occasion may require, it sh^U and may be lawful for the governor,
lieutenant governor, or person administering the government of this province, to employ
the militia of this province, either upon land or upon the lakes, rivers, and commmiea-
tions thereof, in such parties or detachments as by him shall be deemed expedient.
XXIX. And whereas by a certain clause in this apt, it is provided, that it shall and nuf
be lawfi^l for the persons therein mentioned, op certain occasions, to call out detaichments
of the militia ; be it therefore enacted by the authority aforesaid, That the persons to serve
pn such detaphmeiit shall be regularly taken, from time to time, as they shall be required,
(rom a roster or list to regulate the turn of duty, to be first formed by ballot of each and
every person in each respective battalion, regiment, or independent company, and that
after the same has been formed, when any person shall be enrolled as a militia-man in any
battaliop, regiment, or independent company, the name of such man shall be inserted, and
follow the last person in the said roster, the initial of whose simame corresponds with the
initial pf the simame of the man so to be inserted, and when any detaclunent shall be
called out for service, the adjutant or officer commanding each regiment, battalion, cm* inde*
pendent company, shall give notice to the perspns pf their turn of duty.
XXX. And be it further enacted by the ftutbority aforesaid, That when any detach-
ments are formed and called out for public service, it shall and may be lawful for the
governor, lieutenant governor, or person administering the government of this provioee,
to divide the same into smaller detachments or parties, and appoint them to serve onboard
vessels, boats, or batteaux, upon any of the lakes, rivers, or communications by water of
this province, with great guns or . artillery, as well as with small arms, as occaaioii may
require, and shall and may appoint them to be stationary in any of the creeks or haiboia
of the said lakes, or in any of the rivers of the province, and also to train and exercise
the same-to the use of great guns and artillery, as well by land as by water.
XXXI. And whereas it mav be convenient to form one or more troop or troops of
cavalry, be it therefore enacted by the authority aforesaid. That it shall and may be lawful
for the governor, lieutenant governor, or person administering thp govemmmit of this
province, to form ^nd embody such troop or troops, and to employ the same on such dutiea
IMS the necessity of the service may require.
XXXII. And be it further enacted by the authority aforesaid. That all detachments to
be called out and employed as aforesaid, shall and may, if need require, be detained on
such service, for and during the space of six months at one time, and no longer : Provided,
That every such detachment be relieved by the arrival of a fresh detachment, sufficient
for the indispensable ocpasipns of the service at such period, for which purpose it shall
and may be lawful for the proper officer, one week at least before the exjnration of the
said period of service, to call together the remaining parts of the regiment, battalion, or
independent company, or so many as may be necessary, according to their several turna,
to be reeulated by the roster as aforesaid, to relieve such detachment.
XXXltl. Provided always, and be it further enacted by the authority aforesaid, That
if such detachments cannot be replaced by an equal number of men of the remaining part
of such regiment, battalion, or indepepdent company, respectively, then, and in such case,
every detachment, to be relieved as aforesaid, shall ballot or draw lots for such a number
of men as may be wanting to make the succeeding detachment equal to the detaehment
to be I'elieved, and the parties whose names shall be drawn shall be liable to serve with
the said detachment, but in case of a partial relief^ they shall be the first to be relieved,
either wholly or by ballot, according to the number to be relieved.
XXXIV. And be it further enacted by the authority aforesaid. That when any person
shall have been <U)nvicted of any offence against this act, and shdl refuse to pay the fine,
forfeiture, or penalty im))osed on such offender, it shall and may be lawful to and for the
justice or justices before whom such person shall have been convicted, to commit such
ofiender to the common gaol of the dfstrict, until he shall pay and satisfy such fine, for*
feiture, or penalty^ together with the reasonable charges attending such convietioix :
Provided nevertheless. That no person or persons, so committed, shall in any case be
detained in custody longer than the space of one calendar month, except in such case&.aa
are otherwise provided for by this act.
XXXV. And be it further enacted by the authority aforesaid. That no persoQS who
have been discharged from his Majesty's service as non-commissioned officers, shall be
obliged to serve in any station in the militia of this province, inferior to that which they
held in his Majesty's service, unless having been non-commissioned officers in tlie said
militia, they may have been reduced according to law. ^^ j
Digitized by vnOOQ IC
1
C. L— FoBfrT-BiOBra Ybar of Gvobos HI.— 1806.
IMf
.XXXVI. And be it further enacted bjr the authority aforesaid, That no person enroHed
in the mililia, shall absent or withdraw himself from any place of review or exercise,
widMNit having first obtained leave of his commanding officer so to do, under the penalty
of forty shillings, if a commissioned officer, and ten shillings, if a non-commissioned officer
or private.
XXXVIL And be it further enacted by the authority aforesaid, That if any seijeant of
the militia, when thereunto required by his superior and proper officer, shall neglect or
refoae to warn the militia-men of the company to which he belongs, to appear at the place
of enrolment or exercise, he shall, (or every such ne^ect or refusal, forfeit and pay the
Bum of forty shillings.
XXXVIII. And be it farther enacted by the authority aforesaid, That every seijeant
of the militia, duly aj^inted, shall be exempt from serving as constable, for and during
such time as he shall hold such appointment as seijeant
XXXIX. And be it further enacted by the authority aforesaid, That if any person be
wounded, or shall be disabled, when employed on actual service, upon an invasion, insur-
reetion, or rebelli<Hi, he shall be taken care of and attended during the time of such
disabili^, agreea))lv to his rank.
XL. And be it nirther enacted by the authority aforesaid, That when any person shall
be suniBoned before two of his Majesty's justices of the peace as aforesaid, for having
ne^ected or refiised to do such things as by this act are required of him to be performed,
and shall upon the oath of any one credible witness before such justices, be duly convicted
of siich offence, such person shall pay the charges and expenses of and incident to such
conviction, and that aU fines, penalties, and forfeitures, by this act imposed, on default of
payment, shall be levied by distress and sale of the goods and chattels of the offender, by
warrant under the hands and seals of the iustices before whom the said offender shall be
convicted} rendering the overplus (if any) to the said person whose goods and chattels
Aall have been so distrained and sold, after deducting therefrom the chains of such
distress and sale ; and within two months after such conviction and recovery, the sums so
rctCQvered shall h^ transmitted by the justices before whom such information shall have
been laid, to the colonel, or in his absence, to the next senior officer of the regiment,
battalion, or independent company, and the said colonels and other officers respectively
shall, and they are hereby required, out of the several sums of money which they shall
receive for fines, forfeitures, or penalties, or otherwbe, by virtue of this act, to provide
for the regiments in their respective counties or ridings, drums, fifes, colors, banners,
regimental books, and for the dischar^ of other incidental expenses, and in case any
overplas of such monies shall remain in the hands of any such colonel or other officer,
after providing such articles as aforesaid, such surplus shall be disposed of in premiums
to the persons who shall make the best shot at a target or mark, upon days of training,
and in such proportions as at a meeting the colonels or officers commanding regiments,
battalions* or independent companies, shall order and direct, and each colonel, or in his
absence, tne next senior officer of the regiment, battalion, or independent company, shall '
render a certified account thereof in detail, to be transmitted to the governor, lieutenant
governor, or person administering the government, as soon after the thirty-first day of
December annually as practicable, [a]
XLI. And be it further enacted by the authority aforesaid, That no order of conviction
mude by any justice or justices of the peace, by virtue of this act, shall be removed by
certiorari out of the county, riding, division, or place, wherein such order or conviction
9hall have been made, into any court whatsoever, and that no writ of certiorari shall super-
sede execution on other proceedings upon any such order or conviction, so made in
pursuance of this act, but that execution and other proceedings shall be had and made
thereupon, any such writ or writs, or allowance thereof, notwithstanding : Provided
always, I*hat the fines, forfeitures, or penalties, to be levied by virtue of such order or
conviction, shall not exceed the sum of twenty pounds.
XLIL And be it further enacted by the authority aforesaid, That if any action shall be
brou^t against any person or persons for any thing done in pursuance of this act, such
action or suit shall be commenced within six months next after the fact committed, and
not afterwards, and shall be laid in the county, riding, or place, where the cause of com-
]daiiit did arise, and not elsewhere, and the defendant or defendants in every such action
or suit, may plead the general issue, and give this act and the special matter in evidence,
al any trial to be had thereupon, and if the jury shall find for the defendant or defendants
in any such action or suit, or if the plaintiff or plaintiffs shall be non-suited or discontinue
his, her, or their action or suit, after the defendant or defendants shall have appeared, or
if upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant
or defendants shall have treble costs, and have the like remedy for the same as any
defendant hath in other cases to recover costs by law.
PcMttjfbr vilkdpMrr
ii^ or abaecMKli^g fi«
Peaalty for a MiJMiit
oejdeetmff to wan ■
wamtia^umm to appear
at the place of aordlr
Seijeant in Um militia
exempted froBi aerriag
fiaeh who ire wounded
■liaU bo taken oavaeC
Cbaigaf of oontSetien
to be paid1»y Um oflenr
der.
Peaaltiee ondelMHef
payment to bo
Oreiplna tobo vetomod
TtowboB ennw aoi^-
eorered aiM^l be tnrn^
How to bo appUed.
Aeeoimt to be laid bo-
forelthe
[a] See B0tli
SMTbeo.' UI,,
Vo wnt of oertiomi
uden the penaltjaboTO.
£20,
Limitation of aetiona
within six montha» for
thmgt done \j jvtlm
of thiaaet
Plaintiii befaw
■uited, fte. deft—,
or defendante to hoTO
Digitized by
Google
C. 2, 8, 4, 5, 6. — FoRTT-KKnvrR Year of Gcoros HI. — 1808.
l>im$f ttOllii Mtt i«-
pointme&t shaU ht T«ra
Oder any fonner acta
we iaauad under this
let
See 40th Geo. Ill, e
MdOOt^Qto. HI. e
.€MtuMed%y «k
aiA.IU,eia, I
S»Jlih«lMiM.)
s
GnmAa jC10OO to be ap-
»IM Jiy eertain een*
miiwiMwi«!iiie»|ieif
of raidai Ifcc.
{Ff^ratit
XLill. And be it finlher enacted by the authority aforosaid, That dl foAner aeta refartiiig
to the raiding of the militia within this proTince, shall from and after the paaaing of ffafe
act) be and are hereby repealed : Provided nevertheless, That nothing in this act tcft^Mbiei
shall in any wise extend or be construed to extend to annul or make void any mffitia
appointment which may have taken place in pursuance of the former acts relating to the
militia forces, or to prevent the completing any proceedings commenced in pursaanee
thereof, until new ocnnmissions are issued under and by virtue of this act.
Cbapter IT.
An act for granting to his Majesty a certain sum of money out of the funds appRcdble
to the uses of this province^ to defray the expenses of am^ending and repairing the
public highways and roadsy laying out and opening new roads^ and buUding bridges^
in the several districts thereof
[Tbmporary.]
COiapter III.
An act for granting to his Majesty an annual sum of money for the purpose therein
mentioned.
[Repealed B7 6tii Geo. IV, Ch. 6.]
£6»: 0: 8|.
Chapter IV.
Id hu ttt4catf Jin actfoT applying certain sums of money therein mentioned^ to make good certain mo-
nies issued and advanced by his Majesty , through the lieutenant governor^ in pursu-
ance of an address.
(8SdGeo.IU,el2.)
Aetor8SdGeo.III,e
Uyto proTide for ue
a^eimaieet of retam-
tCeeiiiMii tat tov
jmn, \if mOee. HI,
e 11.)
Chapter V.
An act to continue an act passed in the thirty4hird year of his Mcge^y^s reign^ entitled^
*< An act to provide for the appointment of returning officers of the several counties
within this province.^^
[Paaaed March 16, 1806.]
Wh£bsas an act passed in the thirty-third year of his Majesty's reign, entitled, '^ An
act to provide for the appointment of returning officers of the several counties within thia
province,^' and which act has since been revived and continued by a certain act, entitled^
*' An act to revive and continue an act, entitled, ' An act to provide for the appointment
of returning officers of the several counties within this province,' '' will shortly expire,
and it being necessary that the said act passed in the thirty-third year of his IVl^jesty'a
re^n, entitled, " An act to provide for the appointment of returning officers of the several
counties within this province," be continued ; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
^ An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said pro-
vince,'" and by the authority of the same. That the said act of the thirty-third year of
his Majesty's reign, and every part thereof, and every clause, matter, and thing, therein
contained, are by the present act continued, for and during the space of four years, and no
longer.
Cbapter VI.
An act for granting to his Majesty a certain sum of money out of the provineialfimdSf
to increase the salary of the clerk of the legislative councU^ and the clerk of the h&use
of assembly.
[Pftssed MAMk 16, 1818.1
Whjsb£a8 it is thought expedient to increase the salaries of the clerks of the l^iaktive
council and house of assembly in this province ; be it therefore enacted by the King^s most
Digitized by VrjiJOV IC
fkmmm Rmuajobnt.]
C. 7.— Foim-BiGiFfii VsAR or QT^tmrn 111.-^1808.
extdttatMBgestfj by and wiA the advice and eoDsent of the ledslai^ve council and aaacm-
U7 of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act pasiaMMl in the parliament of Great Britain, entitled, *^ An act to repetf
certain parts of an act passed in the fourteendi year of his Majesty's reign, entitled,
*An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further [M'Qvision for the government of the said
province,^ " and by the authority of the same, That from and out of the rates and duties
alieady raised, levied, and collected, or hereafter to be raised, levied, and collected, to
and for the uses of this province, there be granted annually, to his Majesty, his heirs and
8iicee88<X9, the sum of one hundred and fifty pounds, to and for the uses hereinafter
eKpreaaed, that is to si^-, the sum of seventy-five pounds to the clerk of the legislative
council, and the sum of seventy-five pounds to the clerk of the house of assembly, fen: the
time b^iigi in addition to the sums heretofore granted to and for ttie uses of the said
clerks.
II. And be it further enacted by the authority aforesaid, That the monies hereby granted
to his Majesty for the payment of salaries to Uie clerk of the legislative council, and the
clerk of the house of assembly, shall be paid by the receiver general, in discharge of such
warrant or warrants as shall for the purposes herein set forth, be from time to time issued
by the governor, lieutenant governor, or person administering the government of this
province, for the time being, and not otherwise, and the said receiver general shall account
to his Majesty for the same, through the commissioners of his Majesty's treasury for the
time being, in such manner and form as his Majesty shall direct.
jSTStotlMcleikor^te
lentbUre eonaeil, aad
£76 to the deik of tks
home of aascmblj, ia
addition to their M-
•peetrre ••Immc.
Marnier of paymMl.
(See 41ft Geo. Ill, e
12,ftS6th«€a.)
Chapter VIL
AnMtIo eadend the beneJUs of an ad pasMd in the thirty^eventh year of his Megesty^s
frngm, eniMed^ ^^Anaeifor the more easy barring of ^jotoer," and to repeal certain
parte nf the mrnt.
[Passed Mvch 10, 1806.]
WasBXAn by an act passed in the thirty-seventh year of his Majesty's reign, entitled,
" Aa act for the more easy barring of dower,'' no provision is made to entitle any person
not residing in this province, and who maybe entitled to dower of any lands or tenements
situate therein, to release her right and title to the same ; be it enacted by the King's
most excellent Ms^sty, by and with the advice and consent of the legislative council and
assembly of die province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, * An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That from and after the passing of
this act, it shall and may be lawful to and for any person within the United Kingdom of
Great Britain and Ireland, or any of his Majesty's colonies or plantations, or within the
United States of America, entitled to dower of any lands or tenements within this pro-
vince, by any deed, executed either alone or jointly with other persons, to release all
her right and title to the same, and such release shall be as valid and effectual to bar the
person so executing the same, of her dower of such lands and tenements, as if a fine had
been levied thereof.
IL Provided nevertheless. That no such release, so executed, shall have any force or
effect to bar the person so entitled to dower, unless such person shall come before the
mayor or chief magistrate of some city, borough, or town corporate in the said United
Kingdom, or before the chief judge or any other judge of the supreme court of the said
colony, plantation, or state, or before the mayor or chief magistrate of any city, borough,
or town corporate, within the same, and shall have been examined by the said mayor or
chief magistrate, chief judged or judge, touching her consent to be barred of dower in
the premises in the said deed of release mentioned, and unless she shall give her consent
thereto, and it shall appear to the said mayor, chief magistrate, chief judge, or judge, that
such consent is free and voluntarily, and not the effect of any coercion on the part of the
husband or any other person, and unless the said mayor, chief magistrate, chief judge, or
judge, shall certily the same by endorsement on the said deed.
Ul. And be it further enacted by the authority aforesaid, TTiat for the purpose of veri-
fying the said certificate, when the same shall be granted as aforesaid, by the mayor or
chief magistrate of any city, borough, or town corporate, mthin the said United Kingdom,
or within any of the said colonies, plantations, or states, the common seal of such city,
boroogh, or town corporate, or the seal of office of such mayor or other chief magistrate,
shall be affixed thereto ; and that when such certificate shall be granted by the chief judge
(87th Geo. Ill, e 7.)
Great BriteLi^ iSsUb^,
in the eolomes, or in
the United States of
Ameriea, mav :
their dower or land* in
this proTince by deed.
fm90m eatitW te
dower •hall be tv^B'im'
ed br the mayor, &e.
toBcning her eonseat to
releaaeUie MOM. CMh
conaentto be eertiHed
by aneh mayor, Ike. by
eadoraement on Om
deed of leleaae.
VerifieatioB of
certificate.
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*»
C. By 9, 10.— FORTT-BIOHTH YsMi OF Ojx»oft 111.-^1806.
[Fo0
8o HMeli 4)r tbfi STth
G«o. Ill, M relates to
the vegietering of the
5ST
See 0Otli Gm. Ill, e
or judge of the supreme court of any of his Miyesty's colonies or plantations, or of any
of the United States of America, the same shall be verified by the seal of the person
administering the government of such colony, plantation, or state*
IV. And be it further enacted bv the authority aforesaid. That so much of the above
mentioned act, entitled, ^' An act for the more easy barring of dower," as relates to the
registering of the certificate, required by the said act, be and the same is hereby repealed.
(4MiGeo.lII,e&)
Aet of 48d Geo. Ul, e
a^BUidepefpetwd.
Chapter VIII.
An act to repeal certain parts of an act passed in the forty-sixth year of his Me^esty^s
reign, entitled, " An act to continue an act passed in the forty4hird year of his Ma-
jesty^ s reign, entitled, ^ An act for the better securing to his Majesty, his heirs and
successors, the due collection and receipt of certain duties therein mentioned.^ "
[Passed March 19, 18081]
Whereas by an act passed in the forty-sixth year of his Majesty's reign, entitled, ** Aii
act to continue an act passed in the forty-third year of his Majesty's reign, entitled,
*An act for the better securing to his Majesty, his heirs and successors, the -due
collection and receipt of certain duties therein mentioned,' *' it was thereby enacted,
that the said act of the parliament of this province, passed in the forty-third year of
his Majesty's reign, should be and the same was thereby continued, and it was thereby
further enacted, that the said act passed in the forty-sixth year of his Majesty's reign,
should be and continue in force, for and during the term of two years, and from thence to
the end of the then next session of parliament, and no longer ; and whereas it is thought
fit that the said recited act passed in the forty-third year of his Majesty's reign, should
not be subject to any limitation in point of time, but that the same should be made perpetual ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice
and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, " An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, * An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
same. That so much of the act passed in the forty-sixth vear of his Majesty's reign, as
limits the continuance of the aforesaid act to the term of two years, and from thence to
the end of the then next session of parliament, shall be and the same is hereby repealed*
C8eemGeo.in,e7.)
Chapter IX.
An act for the further encouragement of the grototh and cultivation of hemp within
this province, and for the exportation thereof
<8e6 40lliO«>.IILe2,
••d aneiided bj 4th
Oeo. rV, € 7, 10th Geo.
iy,«4.)
45th of Geo. Ill, c 2,
Chapter X.
An act to continue an act passed in the forty-fifth year of his Majesty^ s reign, entitled,
^^ An act to afford reli^ to those persons who may be entitled to daim laTids in this
province, as heirs or devisees of the nominees of the crown, in cases where no patent
hath issued for such lands, and further to extend the ben^ts of the said ac^"
[Passed March 16, 1806.]
Whsrsas an act passed in the forty-fifth year of' his Majesty's reign, entitled, ^^ An
act to afford relief to those persons who may be entitled to claim lands in this province,
as heirs or devisees of the nominees of the crown, in cases where no patent hath issued
for such lands," will shortly expire, and it is expedient to continue the said act, and
further to extend the benefits thereof; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, ^' An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of (he
said province,' '^ and by the authority of the same. That the said act of the forty-fifth
year of his Majesty's reign, and every part thereof, and every clause, matter, and thing,
therein contained, shall be and the same is hereby continued.
Digitized by VnOOQ IC
p&ni» l^^amAMtait.]
Oi la-^FdMTt-JliMrra Ymak o¥ Omms 111.-^866.
f4S
II. And be it further eiiaeted by the authoritj aforesaid, That the assignee or assignees
of the nominee or nominees of tne crown to lands in this province, who is or are dead,
IH- who have left this province before the passing of this aet, without having obtajped
his Mi^jesty's letters patent for such lands in bis,' her, or their lif^ times, or before
he^ she) or they did leave this province, may respectively bring their claim or claims for
the said lands before the commissioners hereinafter to be appointed, who shall and may,
and they are hereby authorized to hear and determine the claim or claims of such
assignee or assignees, and to report thereupon to the governor, lieutenant governcr, or
person administering the government, in council, in like manner and under the like regu-
lations and restrictions as are in and by the said act passed in the forty-fifth year of his
Majesty's reign, and hereby continued, directed to be observed respecting the claim or
claims of the heir or heirs, devisee or devisees, of the nominee or nominees of the crown
to lands, brought before the commissioners under that act, and that it shall and may be
lawful for the gpvemof, lieutenant governor, or person administering the government, in
cooneil) to issue his Majesty's letters patent for the lot or lots, parcel or parcels of land
q^eified in the said report, to or in trust for such person or persons, his, her, or tbeir
heirs and assigns, as is or are therein declared, by the said commissioners to be appointed
oader and by virtue of this act, to be the assignee or assignees of the nominee or nominees
of the erown as aforesaid, to such lot or lots, parcel or parcels of land ; and that ail and
every the provisions, regulations, restrictions, matters, and things, which in and by the
said act of the forty-fifth year of his Majesty's reign, are enacted and contained, of and
eonceming, or in any wise touching or relating to the claim or claims of the heir or heirs,
devisee or devisees of the noininee or nominees of the crown, mentioned in that act,
shall be and are hereby extended to the assignee or assignees of such nominee or nomi-
nees.
IIL And be it further enacted by the authority aforesaid, That for the better procuring
of evidence to be laid before the commissioners to be appointed under this act, respecting
any claim or claims that may be brought before them by virtue thereof, it shall and may
be lawful for the governor, lieutenant governor, or person administering the government of
this province for tne time being, to appoint some person in each and every district of this
province, to be a commissioner for taking upon oath (which oath the said commissioners
are hereby authorized to administer) the testimony of any persons or persons relative to
such claim or claims to be brought before the said commissioners.
IV . And be it further enacted by the authority aforesaid. That if any person or persons
shaU forswear him, her, or themselves before any such couunissioner, he, she, or they,
shall on conviction thereof, be subject to all the pains and penalties of wilful and corrupt
perjury.
V. And be it further enacted by the author?ty aforesaid. That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this
province, at any time during the continuance of this act, to issue such and so many com-
missions, under the great seal of this province, to the members of the executive council
thereof, his Majesty's chief justice of the said province, the justices of the court of king*^
bench, and such and so many other persons as the said governor, lieutenant governor, of
person administering the government, shall think fit,, which said commissioners, or any
three of them, of whom the said chief justice or one of the said justices shall be one,
shall have full power and authority to carry into force and effect all and every the
powers and provisions, matters and things, specified and containc^d in the said act of the
forty-fifth year of the reign of his present Majesty, and in this act ; and that the said
commissioners shall Jiold their sittings [a] at the same place, and at the like times [a]
and in like manner as are specified and declared by the said first mentioned act, respecting
the sittings of the said commissioners therein mentioned, under and by virtue of the same^
VL And be it further enacted by the authority aforesaid, That the clerk of the peace
in each and every distriet of this province^ shall once in every three months make a Hst*
of the claims set up in his office, specifying the name or names of the claimant or claim-
ants, together with the number of the lot or lots, and the concession or concessions, with
the name or names of the township orton^sUps in which thelslnds so claimed do lie, and-
affix the said list on some conspicuous part of the eowrt house, or place where the courts
are usually held at each general quarter sessions.
VII. And be it further enacted by the authority afofe^aid. That this act shall be and
it is hereby declared to be in force for and during the term of four years, and no longer.
18
Penont who we mAL
tied to hnog their
claimfl for laadi before
the commiMioners un-
der this eet
Commisiionera ander
thi« act to hear and de-
termine claims, and to
report thereupon hi like
manner as directed by
[,€2.
the4iiihofOeo.III,
Patentf to issutf to per-
sons entitled under
that report.
PreWsion of 45th Geo.
III» c 2, extended to
persons claimins; under
this act.
A eommissioner to be
appointed in every dis*
tnct,totake testimony
relative to claims under
this act.
PenikHy for* swearing
fhlsely^ before such
commissioner.
Governor to appoint
cummissionert, kc
'I^imet and! pleoea oi
sitting.
[a]52d(»eo.III,e».
Citiki 6f the peace to
uf^x a list or claime
where quarter aessiona
are usually held, once
every three mxmtlia.
ConUnnanoe of this act.
(See62dGeo. IU,e9,
andOSth,c21.)
Digitized by
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a U, tt^-F<wnr«o«ifi Ym» or GMomw HI.— 1806.
(FowM
Chapter XI.
An act for the beUer rq[tresentaiion of the commons of tkiB province inp&rKameM^ and
to repeal part of an act passed in the fortieth year of hts Majesty^ s reignj eniiiltd^
** An act for the tnore equal representation of the commons of this province^ and fe^
the better defining the qualification of dectors.^^
[Rbpealkd bt 4th Gao. IV, Ch. 8.]
Pretmble.
Uoad and bridges to be
kept in repair by the
inhabitants of the coun-
ty of Kent
Road and bridges to be
kept in repair by per-
sons liring between
AfKee's creek and
Belle river in the coos-
tyof Essex«
Brid|;e to be kept in
repair by the iniiabi-
tants of tne townships
of Howard and Har-
wich.
Road to be kept in re-
pair by the inhabitants
of Camden and Chat-
Bridge to be kept in
repair by the inhabi-
tantaof tile vpperhtlf
of the township of Ra-
leigh.
Penalties for refosing
or negieeting to do the
dnties reqnim by this
act.
Mode of eonrietion and
)f lerying the pcaal-
-i^s.
Application of the
Chapter XII.
An ad for the bater regulating the statute labor in the counties of Essex and Kent^ in
the Western district.
[PasMd lisTdi HK IMS.]
Whxreas it is necessarf to amend and keep in repair the public highway, leading
through part of the counties of Essex and Kent, in the Western district ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and** consent
of the legislative council and assetbbly of the province of Upper Canada, constituted and
assembled by Virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, "An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That it shall
and may be lawful for the magistrates of the Western district, in quarter sessions assera*
bled, or the major part of them, and they are hereby empowered to appoint one or more
overseer or overseers, and to direct him or them, when they shall deem it expedient, to
order such inhabitants of the county of Kent as are liable to perform statute labor upon
the highways and roads, to keep in good and sufficient repair that part of the road, and
also the bridges upon the same, beginning at the upper or second fork of the river Thames,
in the township of Tilbury, thence leading down the said river Thames, and continuing
along lake Sinclair to Belle river ; and the said magistrates in manner aforesaid, shall
appoint one or more overseer or overseers, and direct him or them to order such inhabi*
tants, liable to perform statute labor on the highways and roads, living between M'Kee's
ei*eek and Belle river in the county of Essex, to keep in good and sufficient repair the
road and bridges between Pike's creek and the sSiid Belle ri^er, and across the same.
II. And.be it further enacted by the authority aforesaid, That the said magistrates, in
manner aforesaid, shall direct the overseer or overseers of the townships of Howard and
Harwich in the county of Kent, to order the inhabitants of the said townships jointly
to make and keep in repair a good and sufficient bridge over the creek running throu^
lot number twenty-two in Harwich, commonly called and known by M'Kirgan's creek,
and shall also direct the overseer or overseers of the townships of Camden and Chatham,
in the said county, to order the inhabitaats of said>to\%'nships jointly to make and keep in
repair a good and sufficient road leading from the landing place on lot number three in
Howard, back to Arnold's mill ; and the said magistrates are in like manner emi>owered to
direct the overseer or overseers of the upper half or division of the township of Raleigh,
in the said county, to order the inhabitants living within the same, to keep in good and
sufficient repair the bridge over the main fork near the town of Chatham, in the township
df Harwich.
III. And be it further enacted by the authority aforesaid, That if any person who shall
have been appointed overseer in the manner aforesaid, shall refuse or neglect to perform
the several and respective duties required of him by this act, he shall, for each neglect,
or refusal thereof, forfeit and pay the sum of twenty shillings ; and if any inhabitant as
aforesaid shall refuse or neglect to work on such roads, or towards the repair of such
bridges as aforesaid, after he shall have had from such overseer four days^ notice so to do,
he shall for every such offence forfeit and pay the sum of five shillings.
IV. And be it further enacted by the authority aforesaid. That the penalties inflicted
by virtue of this act shall be levied and recovered by warrant under the hand and seal
of some justice of the peace of the said district, which warrant such justice is hereby
empowered and required to grant, upon conviction of the offender, by confession or upon
oath of one credible witness, and in default of payment, to levy the same by distress and
sale of the offender's goods, rendering the overplus, if any, to the owner thereof, the
necessary charges of making such distress and sale being first deducted, which said penalty
shall be applied towards the making and keeping in repair the said roads and bridges
above mentioned, and in default of such distress, it shall and may be lawful for any such
justice to commit the person so refusing or neglecting, to the common gaol, for any time
Digitized by VrjiJOV IC
PMI«Hr PjJOdAHKHT.]
G. 18.~FoMT-Bio«ni YsM or GMmMb III.-«18D8.
Ma
notexaeediog oae moftth, oideM the penalty) forfeiture, coBta^ and charges, shall respec^
tively be sooner by him paid.
y. iWadbeit further embeted by the authority aforesdd, Thai the work to be dcwe upon '^J^^awS^
the said roads and bridges as aforesaid, siiall be considered as a part of the annual statute ^ of Oi/'lSJtoieS
labor, and shall be required only at such times as the said statute labor may be by law )^..^ «_ „,
required, ii^aiid60tii,«i.)
Chapter XIII.
An act for the better regvkMan of sp^cki juriea.
[PMMd March 16, 1806.]
WHJumAa the existing laws of this province are found insuflBcient to give special juries
in the court of king's bench ; be it therefore enacted by the King's most excellent Majesty, by
and with the adviee and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the iMirliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same, That the tenth, eleventh, twelfth, and thirteenth clauses of an act
passed in the thirty-fourth year of his ra-esent Majesty's reign, entitled, ^^ An act for the
regulation of juries," and the whole of an act passed in the fortieth year of his present
Majesty's reign, entitled, ^^ An act for the regulation of special juries," shall be, and the
same are hereby repealed.
n. And be it further enacted by the authority aforesaid, That it shall and maybe lawful
for his Mayesty, by his attorney general, or by an^ other person duly authorized in that
behalf, or for any prosecutor or defendant in any indictment or information for any misde-
meanor now pending, or hereafter to be brougnt or prosecuted in his Majesty's court 6f
king's bench in this province, or for any plaintiff or plaintijSs, defendant or defendants, in
any action, suit, or cause, whatsoever, now pending or hereafter to be brought and carried
on in the said court, to have and d>tain a special jury for the trial of such indictment,
information, action, suit, or cause, without any motion in court.
III. And be it further enacted by the authority aforesaid. That the clerk of the peace
of each and every district, shall annually, on or before the fifteenth day of July, deliyer
or cause to be delivered to the sheriff of the district, a list of such men throughout the
district as shall be assessed on the several assessment rolls, for the sum of two hundred
pounds and upwards, for which services the said clerks of the peace respectively shall
be entitled to receive the sum of five shillings, by an order from the justices in quarter
sessions ai^sembled, upon the district treasurer.
lY. And be it fiu*ther enacted by the authority aforesaid. That it shall and may be law-
ful for his said Majesty, his heirs and successors, as aforesaid, or for any prosecutor or
defendant in any such indictment or information, or for any i^aintiff or plamtiffii, defendant
or defendants, in any action, suit or cause, now pending or hereafter to be brought and
carried on in the said court of king's bench, for the purpose of having and obtaining a
special jury for the trial of such indictment, information, action, suit, or cause, by themr
selves or their attornies respectively, to serve or cause to be served on the opposite party
or parties, his, her, or their attorney or attornies,' a written notice, for him, her, or them,
to appear by themselves or their respective attorney or attornies, at the office of the sheriff
of the district in which the said indictment, information, action, suit, or cause is to be
tried, on some certain day, which shall not be less than four days from the actual service
ef such notice, and such actual service shall be made either p^^onally upon the opposite
party or parties, his, her, or their attorney, or by a copy of such jiotice, to be left at the
usual place of abode of the opposite party or parties, or at the usual place of abode of
Ue, ber^ or their attorney.
v. AjkI be it further enacted by the authority afcfesaid. That the name of each and
every map assessed as aforesaid, shall be written on separate and distinct pieces of paper,
being all as near as may be of equal size, and shall be piit together in a box or glass, to
be provided for that purpose, from which the sheriff, his deputy, or any indifferent person
appointed by the court, may draw out forty of the said papers, and the said sheriff or his
(^Mity, shall forthwith make a list of the names written upon the said forty papers, from
which list each party, his, her, or their attorney or attornies, shall and may alternately
strike out twelve names, and the sheriff shall summon, or cause to be summoned, the
sixteen persons, whose names shall remain on such list, to appeaji? on the first day of the
next ensuing assizes, from whom a special jury shall be taken for the trial of the respec-
tive indictment, information, action, suit, or cause.
Digiti
Preftmblc.
Furt of the 84th Geo.
Ill, o 1, and the whole
of 40th Geo. Jll, e 2»
repealed.
Speekl jiuy any be
obtained without any
motion in eovrt.
Clerk ofthepeaee ah^
delirertothe aheriiTa
list <>[p;noas asiested
for £200 and fipwarda.
Notiee for i ^,
of the paitiei at the of-
See of the aherilT for
the district
ler in whieh totij
It of the penena
Bach party may atiiko
oat twelye oat of the
fofty namea ; remnininK
sixteen persoM ahaU
be snmi&oiied by the
sheriff to appear at Um
next asaisea.
zed by Google
M
If either of the perUee
do not appear to strike
out the twelre uame«,
•heriff Of hit deputy
•faaU do so for lueh
Fire phillingf to be
paid to each special
jaryman.
Manner in which the
feet for ttrikine a ipe-
cial jury thall oe paid.
C. 14.-^Foitt9ir-ai«9m Yma or Gaoros III. — 1808.
[FmwM SsHlMnr,
VL And Be it further enacted by the authority aforesaid, Ttiat if any party or pardea
who shall be served with such written notice, or his, her, or their attorney, shall ne^eet
to appear at the sheriff's office at the said day appdnted, it shall and may be laswfal for
the sheriff or his deputy, in behalf of such party, to strike out of the snd list twelve
names in manner aforesaid.
Yll. And be it further enacted by the authority aforesaid, That every person who shall
serve on a special jury as aforesaid, shall be entitled to receive the sum of five shillings.
VI II. And be it further enacted oy the authority aforesaid. That the person or party
who shall apply for such special jurpr, shall not only bear and pay the fees for striking
such jury, but shall also pay and discharge all expenses occasioned by the trial of the
cause by such special jury, and shall not have any further or other allowance tor the
same Upon taxation of costs, than such person or party would be entitled untp, in case the
issue had been tried by a common jury, unless the judge before whom the cause ia tried
shall, immediately after the trial, certify in open court, under his hand, upon the ttteh of
the record, that the same was a cause propes* to be tried by a special jury^ - •
Preamble.
PlMt of the 4Sth of
Geo. Ill, c 5, repealed.
Bond to be entered into
by every 'collector of
mtea.
Form of the bond and
condition.
(For condition, tee 63d
Geo. Ill, c 9,1 2)
Town clerks to proride
the aaid btnids
If collectors shofild die,
or leave the* parish, the
ooarter. sessions to fill
tJWfaeaaey.
(See 83d Geo. Ill, e2
and 8, and-fiSd, e 9.)
Chapter XIV.
An act for the better regulation of parish and town officers throughout this province.
[Passed Mareh 10, ISOa]
Whereas the provisions contained in the seventh, eightb, and tenth clauses of an act
of the parliament of this province, passed in the forty-sixth year of his present Majesty's
reign, entitled, ^^ An act to alter and amend an act passed in the thirty-third year of nis
Majesty's reign, entitled, 'An act to provide for the nomination and appointment of paHsh
and town officers within this province,' " have been found inexpedient; be it therefore
enacted hy the King's most excellent Majesty^ by aqd with the advice and consent of the
legislative council ai^d assembly of the province of LFpper Cfinada, constituted and assem*
bled by virtue of aqd undei* fiie authority of an act passed in the parliament of Great
Britain, entitled, '/ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, 'An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make, further provision
fpr the government of the said province,' " and by the authority of the same, That the
said seventh^ eighth, and tenth clauses be, and the same are hereby repealed-
I'l. And be it further enacted by the authority aforesaid, That each and every collector
of rates for the respective townships of this province, hereafter to be chosei), nominated,
and appointed, shall, within one month after such nomination, or before he shaJl collect
any money, enter into a bond jointly and severally, with two sufficient freeholders, to
the treasurer of the district, for which he shall be so nominated or appointed, in the sum
of two hundred pounds, lawful money of this province ; which bond shall be in the
following form :
f'Know aU men by these presents, that I, A. B., collector of the rates for the township
of in the district of C. D. and E. F, of the same place, yeomen, [or as thio
c^se may be,] are held and firmly bound to 1. O., treasurer of the district of in the
sum of two hundred pounds, lawful money of Upper Canada, for which payment well
and truly to be made to the said L O., we bind ourselves, jointly and severally, our and
each of our heirs, executors, and administrators, firmly by these presents* Sealed with
our sea|s. Dated at this day of &c. &c."
' III. And be it further enacted by the authority aforesaid, That it shall be the dcity of
Ae town clerks in their respective townships, and they are hereby required to provide
such bond, and transmit the same to the treasurer of said district, within one month after
the said bond shall be executed, for which each and every of tbem shall be allowed the
sum of five shillings, to be paid but of the district treasury.
IV. And be it further enacted by the authority aforesaid, That from and after the
passing of this act, tf any person who shall be chosen or nominated as a coUeetof) shall
die, or leave the parish or township, tt'jthin the year for which he shall be dios^ of
Rominatedj it shall and may be lawful for the justices of the peace in quarter sesjsions
assembled, or the majority of them, to nominate and appmnt a fit and proper person to fill
the vacancy occasioned by such death or removal, apd such collector so nominated^ ehAll-
be, and he is hereby declared to be, vested with the same power, and liable to the saveie
penalties, as any collector nominated and appointedunder anyact or actsof the legiskiture
of this province.
Digitized by
Google
FotxMsr . B*a&mik>NT.]
C. IS^ ie;uai*0]
\mm Ymjkm omGmoMm' III. — 1808.
MS
Chapter XV.
An act for hui3ding a tomi house end gdol in thi toumskip of EtizcAethtown^ in the
. district of Johnatotofi.
' [FMMdMareblfi,18lia.].
Whcbsas th^ present court house and gaol iji the town of Johnstown in the district of
Joluistowny is 'situfte ^t the lower extremity of the said district, which renders it incon-
tement, and- wheifead Hie inhabitants of the said district ai*e desirous of building a new
court house and g^ktA iti a-moref centrtd situation ; be it therefore enacted: by the* Kiiig's
most excellent Majesty, by and with the advice and consent of the leeislative council and
assembly of the province of Upper Canada, constituted and assembUd by virtue of and
under die authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitibad, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said jxt)vince,' " and by the authority of the* same, That it shall and may be lawful for
the justices of the peace of the said district of Johnstown^ in general quarter sessions
assembled, or the greater part of them, to fix upon a scite or situation on the front end or
ends of lot number ten, eleven, or twelve, in the first concession of Elizabethtown,
adjoining the King's highway, where a court house and gaol may be built.
II. And be it further enacted by the authority aforesaid. That a eaol and court house
for the said district of Johnstown shall and may be erected and built on lot number ten,
eleven, or twelve, in the first concession of Elizabethtown, within the said district of
Johnstown, in such manner and under such rules, regulations, and directions, as in that
respect are made and provided in and by a certain act passed in the thirty-second year of
his Majesty's reign, entitled, ^' An act for building a gaol and court house in every district
throughout this province, and for altering the names of the said districts." and that all and
every the clauses, provisioiTs, rules, regulations, matters, and things, in the said last recited
act contained, shall under the same penalties as therein are contained in all cases and in
respect to all persons, extend and be extended to the district of Johnstown aforesaid,
except in as far as the same may be varied and altered by this act.
III. And be it further enacted by the authority aforesaid, That as soon as the justices
of the peace for the said district, in general quarter sessions assembled, or the majority of
them, shall be satisfied that the said court house and gaol are sufficiently finished, the said
court house and gaol shall be, and they are hereby declared to be, the gaol and court house
of the said district of Johnstown.
IV. Provided always, That nothing in this act contained, shall extend or be construed
to extend, to authorize the justices as aforesaid, to build said court house and gaol on land
belonging to any person or persons, without first obtaining a good and sufficient title from
such person or persons.
y . Provided always, and be it further enacted by the authority aforesaid, That unless
such gaol and court house shall be built and finished within three years from the passing
of this act, so that persons may be confined in the one, and the different courts of justice
be properly accommodated in the other, then and in such case this act shall be, and the
same is hereby declared to be, null and void.
VI, Provided always, and be it further enacted by the authority aforesaid. That it shall
not be lawful for the justices aforesaid, to apply any part of the assessments and rates of
the said district to or for the purpose of this act.
Be^ 4a^G«o. IT, 4
g?
PnamUe.
Qiittl«r MMkMM td is
tha piMe wImm Um
eouit houe and gaol
of the district of JoSiw.
town thall be erected
withia the towaahip cf
The nad court hewo
end geol ihell be erect-
ed eceording to the
nlee, &c. eneeted hr
Um sad Geo. Ill, c &
except so far ae Taiiea
bythUact.
Whe» the aaid eovtt
hooee and jpMil ihall by
theqvaiter setnoaf lie
dechued to be rach lor
the dii«rict of JehM-
(Bee 84th Geo. in, 6
iO,il.)
Goodtitle.tobeobtidA.
ed on the lead OB whi^
itietobeboilt.
Said covit ho«M aad
noltobefiniahedwtth-
iB three yean.
No port of the aaaeee-
menU of the district to
be applied lor the par-
pose of this act.
(47th Geo. IU,cC.)
PManUe.
Chapter XVI.
Annette amend an act passed in the forty^euenth year of his Majesty^ s reign^ entitled^
*^ An act to establish ptMic schools in each and every district of this protnnce.^^
[Passed March is, ISQS.]
WmnsAs an act passed in the forty-seventh year of liis Majesty's reign, entitled, ^< An
act to establish public schools in each and every district of this province," requires to be
amended ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
piQ-liament of Great Britain, entitled, <^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reisn, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make each mk of iht 47th
further provision for the government of the said province,' " and by the audiority of the ^J^ 2; *di*trict'rf
same. That so much of the said act as enacts that the public school for the district of Lcmte, repealed. t
Digitized by VrjiJOQlC
Mt C. Mc^^imsw^miiruLVmm'^mamMn »~t806> {F<
London shall be opened and kept in the township of Townsend, shall be^ and the i
hereby repealed.
piaMwkBp«th«faM^ IL And be it iiirflAr enacted by the authori^ aforesaid, Tliat the public sdbool tar the
li^rSiSy^y^ district of London, shall be opened and kept at such {dace as the trustees of the public
school for the said district, or the majmty of them (or the time being, shall order and
dire^
Baeh Mitof fu Mid IIL And be it further enacled hjr the autherity afiM-esaid, That so much o( the said act
IS^^'^Tui^^^ as Ijfflits the duration of it to four years^ and from thence to the end of the then next
pcUmL eiwifikig session of parliament) shall be^ and the same is hereby repealed.
Digitized by vnOOQ IC
HST IT TOEK, ON THE 8ECQin> DAY OP FEBRUARY, AlfD PROROGUED OW THE KINTH »AY
OF MARCH FOLLOWING^ IN THE FORTY-NINTH YEAJL OP THE lU^IGN OF
GEORGE ITI.
FE4I!rO^ OOBB; iSSQUIIUV LIKUTKNANT QOVTONQB,
^^^%^W^ ^^"tW#^P^ ^^^'^^
f.
^n act /or fAe^xmlinntn^ for a limited time the proviMonql agreement enter ^ into hp-
tween this province ana Lower Can^ida^ of Montreal^ on the fifth day of My, in th^
Cr one thousand eiffht hundred andfour^ relative to duties ; also for continuing for a
ited time the several acts qfthe parliankent of this province, f^ou; in force refuting
thereto.
(8M6BlliGM.UI,elS.)
1St« III! Ilia
Clwpteir H.
Am met fwr qmarterimg and bitt^img^ on certaia oeeasions^ his Majest/j^s troops^ <md the
wMUia of this fromines.
{^hwcdllmk^ 1809.3
Whkbbaa &e lawB bow ki Sorce for quarteiiBg and billetiAg hJA Mfttesty'^ troojpa, and
the miUtut of this province^ are not sufficiently afiplicaUe to the aitiiatioA theneof ; b^ it
enacted by the lung's most excellent Miijeaty, by aod with the advice ai^d oons^^lt
of the legidatiye ciMncil and assembly of the province of Upper Canada, constitu-
ted and assembled by virtue cS and under the authority of an act passed in tb^ parliainent
of Great Britain^ entided, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of lua Majesty's reign, entitled, ^ An act for making more efeciual provision for
the poyemment of the province of Qud^c, in North America, and to make forthor
provision for the government of the said province,' " and by the authority of the saino,
That from and aft;er the passing of this act, when and as often as the said troops or miUtia
shall be on a march within the said jM^ovince, each and every householder therein shaU
iumish them^ when required, in manner hereinafter mentioned, with house-room, fire, and
otensils for cooking, and in cases of emergency, by actual invasion or otherwise, it shall
and may be lawful far the offiMser oommanwif; bis M^sty*s troops ^ militia, or in cases
where orders cannot be received from him m due time, for the officer commanding any
regiment, battalion, or detachment ot troops or militia, to direct and authorize any officer
of the same, having first obtained a warrant for such purpose from one of his Miyesty'^
justices of the peace, to impress such horses, carriages, and oxen, as the service may
require, for the use of which, the owner or owners mereof, shall be entitled to receive
tbe sum of seven shillings and six pence J[a] per day, for every cart or carriage, with two
horses or oxen, during such time as they shall be employed in such service, and when
and so often as the owner of such team shaU send a driver, be shall be allowed a further suni
of two shillings and six pence per day.
IL And be it further enacted by the authority aforesaid. That when the said troops or
militia, or any regianent, battalion, or detachment of the same, are on a march as aforesaid,
the i^ker commanding such troops or militia, or any regiment, battalion, or detachment
thereof, shall present to one of his Majesty's justices of the peace, the order received by
hm from the commander of the said troops or militia, authorizing him, the said officer
commanding as aforesaid, to make, and when upon extraordinary emergencies such order
cannot be obtained, it shall and may be lawful for him, the said offi^r commanding as
aforesaid, to nak,e a requisiticm in writing to such justice, ijn billet, who shall immediately
thereupon ao billet the said troops or militia, as to fiftcilitate their march, and in sui^b nian-
ner as may he asost commodious to tbe inhabitants, and that every inhabitant householder
who shidl refuse to receive the said troops or militia, so billeted on them as aforesaid, shaU
for every such o£knee forfeit and pay the sum of forty shilliogv.
Digitized by
Wh*ttlMnbe4wBkk-
edtotlMaiiiUtis,wlwB
(Sm 48th Geo. in» e
In cue of MtMl iBT»*
rioB oreiMiguiey.kiir-
•9, tt 1m vmmmH ^
Bic9 to ke mmti Us
rach hortet. wimi^»%
•nd oxen.
[ol Bee 68d Geo. Ill,
e 10^ • 1.
BCflitia to he Wleted
OB their Btfdu
Peulty
bittet
for refttaiBg
Google
C. S.--FoEn*]iunni Ybab of Gbobos nL«^1809.
[na«x6i
"SUi
•d to Che militia, whan
Bate of paynMBt to be
aUowcd for rach cap-
lia^ ; distanee to
wkiok tkojr are to pro-
M See 68d Geo. lU,
e 10, ■ &
Boot* or ether eraft to
lie famblied in easei of
Peaahy.
Mode of reeoTaring pe-
■ rthbietT
III. And be it furdier enacted by the authmty aforesaid, Yhat ii^en the safetjr of 4hm
proTinoe shall require that the said troops or militia, or any regiment, battalion, or detadn
ment of the same, should be cantoned in anj part or parts of the said province, then, and
in such case, it shall and may be lawful for one of his Majesty's justices of the peace, in
the respective districts where such troops or militia may be cantoned, upon receiving an
order from the commander of the said^^troops or militia, «r by a requisition from the officer
C99^nanding any auph cantonment, to quarter and billet, .and the said justice is hereby
required tp. quarter and billet the officers, non commissioned ofl&eers, and privates of tlie
said troops or militia, upon the several inhabitant householders, as Aear as may be to the
place of cantonment, so that the said troops or militia billeted on each inhabitant house-
holder shall not exceed six in number^ avoiding'as'much as possible to incommode the said
inhabitants, and taking' dCTe care to atconimodkte the said troops or militia, and if any
inhabitant householder shall refuse to receive such troops or militia, so billeted on him as
aforesaid, he shall for each and every offence, forfeit' and pay the sum of forty shillings ;
and if any inhabitant shall consider himself aggrieved, by having a greater number of the
said troops or militia billeted upon him, than he ought to bear in proportion to his neip^bors,
by the said justice, on complaint being made to two or more justices of the district where
such troops or militia shall be cantoned, it shall and may be -lawful for such iustices, and
th^y are hereby authorized to relieve such inhabitant, by ordering such and so many of
the said troops or militia, to be removed and quartered upon such other person or persons
as they shall see cause, and such other person or persons shall be obliged, under the
penalty of forty shillings, to receive such troops or militia accordingly : Provided, That
no justice or justices of the peace, having any military office or commission in the said
troops or militia, shall directly or indirectly be concerned in the quartering or billeting of
any officer, non-commissioned officer, soldier, or soldiers of the regiment, company, or
detachment, under the inmiediate command of such justice or justices.
IV . And be it further enacted by the authority aforesaid. That when the said troops or
militia, orany part of them, shall be so cantoned as aforesaid, any one of his Majesty's justices
of the peace of and in the district where such cantonment is made, upon receiving an order
from the commander in chief of the said troops or militia, in that behalf, or a requisition in
writing from the officer commanding that cantonment, for such and so many carriages as
may be requisite and necessary for the said troops or militia, shall and may^ and he is
hereby required, to issue his warrant to such person or persons as may be possessed of
carriages, within his jurisdiction^* requiring him or them to furnish the same, for the service
aforesaid, at and after the rate of payment allowed to carriages furnished to the said troops
or militia when on a march, hereinbefore mentioned, [a] and if any such person or persons
shall neglect or refuse, after receiving such warrant, to furnish his or their carriage or
carriages for that service, each and every such person or persons shall forfeit and pay the
sum of fortv (shillings : Provided always, That such carriage or carriages, horses or oxen,
or the carriage or carriages mentioned in the first clause of this act, shall not be compelled
to proceed more than thirty miles, unless in cases where other carriages, horses, or oxen,
cannot immediately be had to replace them.
y. And whereas in cases of emei^ncy, it may sometimes become necessary to provide
proper and .speedy means for the conveyance by water of the said troops or militia, and
also of their ammunition, provisions, and bag^ge, be it therefore further enacted by the
authority aforesaid, That any one of his Majesty's justices of the peace, of and in the
district where such troops or militia may be. either on a march or in cantonment, upon
receiving an order from the commander in chief of the said troops or militia in that behalf^
or a requisition in writing from the officer commanding any regiment or detachnient of the
same, for such boats or other craift, as may be requisite for the convejance of the said
troops or militia, and their ammunition, provisions, and baggage, shall and may, and he is
hereby required to issue his warrant to such person or persons as may be possessed of
such boats or other craft, within his jurisdiction, requiring him or them to furnish the same
for that service, at and after the rate of payment to be allowed by the said justice, not
exceeding the usual rate of hire for such boats or other craft, and if any such person or
persons shall neglect or refuse, after receiving such warrant, to furnish his or their boats
6t craft for that service, each and every such person jar persons shall forfeit and pay the
sum of five pounds;
VI . And be it further enacted by the authority aforesaid, That all penalties and forfeitures
by this act inflicted, or authorised to be imposed, shall be levied and recovered by distress
and sale of the offender's goods and chattels, by warrant under the hand and seal of any
justice of the peace, and such justice is hereby empowered and required, to grant the same
uponf the confession of the party or parties, or upon the evidence of any one or more
credible witness or witnesses, upon oath, and the overplus, if any, of the money arising
by such distress and sale, shall be returned upon demand to the owner or owners of such
goods and chattels, deducting therefrom the costs and charges of such distress and sale ;
Digitized by VnUOVJ IC
ihni PjauAMKNT.]
C. d, 4.p--^oRi!T<-]«Dnni Ysaa at^ .Ammam IIL*^i809.
\ Bdf of die said pentdties and foifcitares diall be' paid to tlie informfer, die other half
into die hands of htt Majesty's reeeifer general, to and for the use of lus Majesty, fais
heirs and swoessorp, for the public uses of this proTinoe, and towards the suppcMt of the
goTerhMi&t thereof, to be accounted fcHr to his Mi^esty, through the commissioneFs of his
treasury, for the time beings and in such manner aiid- form as it shall please his Majesty to
direct.
VII. And be it further enacted by the authority aforesaid, That an act or ordinance of
the late province of Quebec, passed in the twenty-seventh year of his Majesty^s reign,
entitled, ^^ An ordinance for quartering the troops upon certain occasions in the country
parishes, and providing for the conveyance of effects belonging to the government," be,
and the same is hereby repealed.
Ordiuuice of QiieLee»
27th G«o. Ill, repealedi
Chapter III.
An ad to encourage the destroying of wolves in this province.
[RxpxALSD BT llTflChed. IV, Cr. 17.}
Chapter IV.
An act /or the more effectual preventing o/JHvqIous and vexatious suUs^ and to avUhd^
Txze the levying of poundage upon executions in certain cases^ and to regulate the scd^
by sheriffs and other officers.
[I^a8sedMRroh9,19b9.]
Bjs it enacted by the King^s most excellent Majesty, by and with the advice and consent
ot the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliaiiient
of Great Britain, entitled, " An act to rejpeal certain paits of an act passed in the
fourteenth year of his Majesty's reign, entitled, * An act for making more effectual pro-
vision for the government of the province of Quebec, in North America, and to. make;
ftirtherjprovision for the government of the said province,' ^' and bj the authority of the
same^ That in all actions to be brought in the province of Upper Canada, from and after
the passing of this act, wherein the defendant or defendants shall be arrested and held tq
bail, and wherein the plaintiff or plaintiffs shall not recover ihe amount of the sum for
which the defendant or defendants in such action shaQ have been so arrested and. held to
special bail, such defendant or defendants shall be entitled to costs of suit, to be taxed
according to the custom of the dourt in which such action shall have been brought,
provided it shall be made to appear to the satisfaction of the court in which such action is
hrousdit, upon motion to be made in court for that purpose, laid upon hearing the parties
by affidavit, that the plaintiff or plaintiffs in such action had not any reasonable or probable
cause for causing the defendant or defen|lanta to be arrested and held to special bail, in
such amount as aforesaid ; and provided that such court shall thereupon, by rule or order
of the same court, direct that such costs shall be allowed to the defendant or defendants^
and the plaintiff or plaintiffs shall, upon such rule or order being made as aforesaid, be
disabled from taking out any execution for the sum recovered in any such action, uidess
the same shall exceed, and then in such sum only as the same shall exceed the amoimt of
the taxed costs of the defendant or defendants in such action, and in case the suin reco*
vered in any such actions shall be less than the amount of the costs of the defendant or
defendants to be taxed as aforesaid, that then the defendant or defendants shall be entitled,
after deducting the sum of money recovered by the plaintiff or plaintiffs in such action
from the amount of his^ her, or their costs, to be taxed as aforesaid, to take out execution
for such costs in like manner as a defendant or defendants may now by law have execution
for ikists in other cases.
IL And be it forther enacted by the authority afordsaid. That in all actions which shdll
be brought in ihe province of Upper Canada, after the passing of this act, upon any
judgment recovered, or which shall be recovered, in any court of the said province, tiie
plaintiff of plaintiffs in such action on the judgment, shall not recover, or be entitled to
any costs of suit, unless the court in which suel^ action on the judgment shall be brought,
or some judge 6f the same court, shall otherwise orders
IV.
:!
[Repealed by 2d Geo. IV, c 1.] . .
CireamiUBMt ^ under
which defendaot wheil
held to ipecial bail,
shall be entiUed to oosti
of luit.
10
111 jb6ti6fM on j^^i^
ttiehtk, plaintiff not en-
titled to coatfl, nmen
by- role of court
PlaintiSi may lery
poundage and eiq^enae
of execution beyond
the judgment.
On mesne procef • after
return thereof, defend-
ante in custody may in
TaeaUon iuitiiy bailbe-
fore one justice.
Digitized by VniJO
gle
J8MS4tkOeo.III,e3,
C. S, fl, l.^^^^'Pitn-Kmm Yxjlk or OmomMt UL-^1809. {Fim SaMoff,
y. And be it furtlier eoiusted by the aUtboritj dbrfemd. That tm shcnriff or dtWt ioffiatTi
ID any district of thia prorinee, shall proceed to the safe of any eiSMitSi, taken by TirtQe
of any writ of exeoation, until pcMic notke in writing theseof is ghren^ a* Itart eif^
^s fM^eirions thereto, at the moat ptibtie place in ^ town or township whero ancii efeots
may have been taken in exBcotion, and of the time and plaee where enoh efctlt ave to be
exposed to sale.
Chapter T.
An ad far applying certain sums of money therein nientionedj to make good certain
monies issued and advanced by bis Majesty through the lieutenant govei-nor, in pur-
suance of several addresses.
(8m Mth Um. hi, ft
n.)
MeiMmittt uidTwiken
■enaittod to make tli«
WU aAiiMtiM with
Nm afinBaftiOB ivb-
jtct to tke like puiik-
meat witk that of a
fidMMth.
DiMbOHiet of Meao-
■wtaaadTaaheiB.
CSm «Kh Gao. UI, e
gr
Chapter VI.
An act for the relief of Menonists and TunkerSj in certain cases.
[Puied March 9. 1809.]
Whssjbas the reUgious societies of the Menonists and Tunkers, from scruples of con*
science against taking an oath, are subject to many inconveniences to themselves and
fiuniiies, as well as to others who may require their evidence ; for remedy trhei^cif, be it
therefore enacted by the King's most excellent Majesty, by and with the advice antt consent
of the legislative council and assembly of the province of Upper Canada, constitatedf and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majestv's reign, entitled, ^ An act for making more effectual provision for the
Svemment oi the province of Quebec, in North America, and to make further provision
r the government of the said province,' " and by the authority of the same. That firom
and after the passing of this act, every Menonist or Tunker, in any case in which an oath
is required by law^ or upon any lawful occasion, wherein the affirmation or declaration of
a Qudker wiU by law be admitted, shall be, and is hereby permitted to make his or her
affirmation or declaration in the same manner and form as a Quaker by the laws now in
force is required to do, having first made the following affirmation or declaration, that is to
say:
^^ I, A. B., do solemnly, sinoerelv, and truly affirm and declare, that I am one of tlhe
society of Tunkers or Menonists,'' [as the case may be.]
Which affirmation or declaration as albresaad, of any Menonist or Tunker, except as here-
inafter excepted, is hereby declared to be of the same force and effect to alt intents and
purposes in all courts of justice and other places where by law an oalh is or shall be
aHowed, authorLsed, directed, or required, as if such Menonist or Tunker had falken an
oath in the usual form, and all and every person or persons who is, or are, or shall be
authorized or required to administer any oath required by any law now in force or here-
after to be made, althoagh no express provisionis made for the purpose hi any such law,
shall be, and is or are hereby required to administer such affirmation or declaration.
II. And be it further enacted by the authority aforesaid, Tliat if any person, maldne
auch affirmation or declaration, shall be lawfully convicted of having wilfully, fatsely, and
corruptly affirmed and declared anv matter or thing, which if the same had been deposed
ib the usual form upon oath would have amounted to wilful and corrupt perjuvy, every
auch person so oflfending shall incur and suffer all the pains, penalties, forfeit^ires, and
disabilities, as hy the laws now in force are to be inflicted on persons convicted of vriUnl
and corrupt perjury.
III. And be it further enacted by the authority aforesaid. That no Menonist or Tunker
shall by virtue of this act be qualified or permitted to give evidence in any criminal cases,
or to serve on juries in criminal cases, or to bold or enjoy any office or pibce in the govern-
ment in this province, any thing herein contained to the contrary notwithstanding.
Chapter VII.
An ad far grasitimg a atun of money in aid of the building a bridge across tks Cttond
riven
Digiti
zed by Google
'•]
C. n^r^mn^wmn YMHi^i*
IIL-^809.
lil:
(Ml]iGto.III»el.)
PutortbeastiiorGM.
lll»el,f
Weight! and ntei of
the gold eoiii which
•hall psM cucveat kt.
this proTinee.
Chapter VIII.
A^^adio rq^eal and amend eeriainparU of an ad passed in the ikirtjf^eixih jftar a/kie
Mafesty^s reign^ enUOedj ^'Anacifar^heUerreguhUonofeerMncoinseurreniin
iku pramnee,^' to equalize thmn to the standard weighi and wxine of the Uke coitM in
the province of Lower Canada.
[PaiMdMwehQ, ]fi09.]
Wrsekas an act passed in the parliament of this province in the thirty-sixth year of
his M^eaty'^ reign^ entitled, ^^ An act lor the better regulation of certain coins cunent in
this province/' which it is found expedient to alter and amend, in order to equalize thenn
to the current value of the like coins in the province of Lower Cfuiada ; be it therefor^
enacted by the Eing's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue oi and under the authority of an act passed in the parliament of Great Britain,
efitUled, ^^ An act to repeal certain parts of an ad passed in the fourteenth year of his Ma-
jesty's reign, entitled, ^ An act for making more effectual provision for the government
of the provinee of Quebec, in North America, and to make fiHther provision for the
govemfoent of the said province,*" and by the au&ority of the same, That so much of
the first clause of th« sbove recited act, by which it is enacted that the value of the miUed
doubloon pr four pistole piece of Spain,, weighing seventeen pennyweights, Troy, shall
pass ctirrent ajftd be deemed a legal tender in payment of all debts and demands whatsoever
in this province, for three pounds and fourteen ^hillings, and the French louia d'or piece,
coined \;keiBre the year one thousand seven hundred and ninety-three, weighing five pen-
nyweights and four pains, at one pound two shillings and m pence, and the French
pistole piece, coined before the same year, weighing four pennyweights and ibur grains, at
eighteen shillings, also the second and eighth clauses of the said recited act, be, and the
same are, hereby repealed.
II. And be it further enacted by the authority aforesaid, That from and after the paasbs
of this act, th^ gold coins hereinafter mentioned shall pass current and be deemed a legiu
tender bk payment of all debts and demands whatsoever in this province, at the weights
and rates following, that is to say : the milled doubloon or four pistole piece of Spain,
weighing seventeen pennyweights, Troy, at three pounds fourteen shillings and six pence ;
the Fieneh louis d'or, coined before the year one thousand seven hundred and ninety-
three, weMnag five pennyweights and four grains, at one pound two shillings and eifpt
pence ; and the French pistole piece, coined before the same year, weighing fpur penny-
weights and four grains, at eighteen shillings and three pence ; and all the higher and
lower denominations of the said gold coins shall also pass current and be deemed a legal
tender in payment of all debts and demands whatsoever in this province, in the same
proportions respectively.
III. And be it further enacted by the authority aforesaid, That for every grain which
any piece of British, Portugal, or American gold coins, shall weigh more than the standard
required by the before recited acts, when weighed by the single piece, there shall be
attoww) and iidded in all payments, two pence and one farthing currency, and for every
grain which ^y piece of the same shsdl respectively weigh less than the standard afore-
said, there shall be allowed and deducted in all payments, two pence and one farthing
currency, and for every grain which any Spanish or French gold coins shall respectively
weigh more than the standard aforesaid, when weighed by the single piece, there shall be
allowed and added in all payments, two pence and one-fifth of a penny currency, and for
every grain which any piece of the same shall respectively weigh less than the standard
aforesaid, there shall be allowed and deducted in all payments, two pence and one-fifth of
a penny currency.
f V. And whereas it would be a great facility in making payments, if gold coin in certain -^ ..
cases was weighed in bulk, and not by the single piece as hereinbefore mentioned ; be it w2^?£h«St?"MS
therefore enacted by the authority aforesaid, That every payment exceeding the sum of ■otmrfngUplecai.
twenty pounds currency, which shall be made in gold coin, after the passing of this act,
where one of the party making or receiving the same shall require, if such gold shall be
weighed in bulk, and not by the single piece, that is to say, the gold coin of Great Britain,
Portugal, and America, together, and that of Spain and France together, and the gold coins
of Great Britain, Portugal, and America, shall be computed at the rate of eighty-nine
shillings currency, for each ounce Troy, according to the table hereunto annexed, marked
A., and that of Spain and France, at the rate of eighty-seven shillinp and ei^t pence
half-penny currency, for each ounce Troy, accordmg to the table hereunto annexed,
maiked B., uid on each of such weighings, a deduction ahaU bemadeof one half of a^^rain
Troy for each piece of gold coin so weighed, as a compensation to the receiver or receivers
for the loss that may accrue to him, her, or them, in afterwards paying away the same by
the ain^e piece, which deduction shall be computed respectively at the rates aforesaid^ or
AOowMMe for mrf
grain which anT pieea
of gold coia •hauwcif^
over or oaderthe itaa*
dard.
RegalaUoM when 1b
Digitized by
Google
IW
C. S:^-¥i3»Ft^Unfm YfeABOr Gkoms HI.— 1809.
[Fmm
according to the table aforesaid, to which the description or deacriptiona of the gold eoiii
so weired fnar be}ong.
TABLE,
TABI4E5
KxMUflair the 'VkHM of BrttlAy tla«ri«galf and
aiid ftr deduct 2 l'5,atidw)i«A weigb^
cd in IJiutk, mift half (^ a grain to b«
dfducrtrd fnrcsch piece fowcigbed^
Ihi! Talue of whIeD dt'ductioBi i»;
be e«sJlj found in the table.
iSieOOto be tppropti-
Chapter IX.
An act for granting to his Majesty a certain sum of money out of tt^ funds appUeahle
to the uses of this proinnce^ to defray the expenses of amending and repeAfing the
public highways and roads ^ opening new ones^ and building bridges in the several
districts thereof . '
^ (TSMPOKAJIT.]
'k: •:. : • i' ' /I.
Digitized by vnOOQ IC
Second Sessioii of the flfth Provincial Parliament*
ipiJT AT YORK, ON THE FIRST DAt OP FEBRUARY, AND PROROGUED ON THE TWELFTH DAY
OP MARCH FOLLOWING, IN THE FIFTIETH YEAR OP THE REIGN OF
GEORGE III.
FRANCIS GORE, ESQUIRE, LIEUTENANT GOVERNOR.
Anno IKm&iAi 1810*
*rf
Chapter I.
An ad topromdefor the laying ouiy ametfhdingj and keeping in repair ^ the public high-
WQfy9 and roods in this province^ and to repeal the laws now in force/or thai purpoee^
[Pasted March 12, 1810.]
WamssAB tlie present mode of laying out, amending, and keeping in repair, the public
kig^waya and roads within this province, and the method of performing! statute labor
thereon, is found inconvenient ; be it enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative coimcil and assembly of the province of
Vppisr Canada, constituted' and assembled by virtue of and under the authority of an. act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make nirther iMX>visipn for the government of the said province,' " and^by the
anthmty of the same, That an act passed in the thirty-third year of his present M^es-
ty's reien, entitled, ^^ An act to regulate the laying out, amending, and keeping in repair,
die puUie hi^ways and roads within this province ;" and also an act passed in the thirty-
ei^th year of his present Majesty's reign, entitled, ^^ An act to alter the method of
perfiMming statute duty on the highways and roads within this province," shall be, and
the same are, hereby repealed.
IL And be it fiirtiber enacted by the authority aforesaid, That it shall and may be lawful
tor hiB Majesty's justices of the peace, in general quarter sessions ass^nbled in the month
of April in each and every year, in the several districts of this province, except in the
distriets of London and Johnstown — and in the district of London, for his Majesty's
justiees of the peace so assembled, in the month of June, and in the district of Johnstown^
for ^ Majesty's justices of the peace so assembled, in the month of May, in each and
every 7<ear — or the nuyority of diem, to appoint, as occasion may require, one or more
sorveyor'iir survevors of lughwaya, in each and every county and riding, throughout this
provinee, within tneir respective districts, to lay out and regulate the highways and roads
irithin such county or riding, in manner hereinafter mentioned ; and such surveyor or
wrveyors, before he or they shall enter upon their office, shall before any justice of the
peaee take and subscribe the following oatb^ which oath the said justice is hereby autho-
liaed to. administer :
** 1, A. B., do swear, that I will faithfully and diligently discharge the duty of a surveyor
of highways, agreeably to the provisions of an act passed in the fiftieth year of his
Majesty's reign, entitled, * An act to provide for the laying out, amending, and keeping in
repair, the public highways and roads in this province, and to repeal the laws now in force
for that purpose.' " ^
Aod if oa complaint made, or otherwise, it shall ajqiear to the justices of the peace in
quarter sessions assembled, that any such surveyor or surveyors is or are incompetent to
die discharge of his or their duty, or negligent in the performance thereof, it shall and
may be lawful for the said justices so assemoled, to remove the said surveyor or surveyors.
IIL And be it further enacted by the authority aforesaid, That upon application in
writing being made to any such surveyor by twelve freeholders of any such county or
ridinc, stating that any public highway or road in the neighborhood of the said freeholders
now m uae, is inoonvenient and may be altered so as better to accommodate his Msfes^'s
iubieets and others travelling thereon, or that it is necessary to open a new hi^way or
road, it shall and may be lawful for such surveyor, and he is . hereby required to ex«nine
the same^ and report thereon in writing to the justices at their next ensuing quarter
describing particularly the alteration intended to be made, or new highway or
(Amended bj 4th Geo.
IV, e I-
la)
PreamUe.
88d Geo. Ill, e 4, a
88th, 0 7, repealed.
(See 9th Geo. IV, c i^,
making valid the act of
surveyon of highways,
though not appointed
annually.)
Suireyon of the high-
wayt to be appointed
by the qnarler aeaaion«r
Oath of the rarreyor of
hii^waya.
The cnnreyon, on a|f-
plication, to alter or
open a road, ahall re-
port thereupon to ifk^
quarter leMiona; if no
Qpposi^ioiK the report
to oe confirmed ; if op«
poaition, the report to
be confirmed, annulled,
or modified by a jury.
Digitized by
Google
vu
C. 1.— FiFTonrB Ysjlb or aMM» III.— 1810.
[8M9M!D
No liii^wMT to 1m il-
terad 10 M to lend thro*
•aj orahim!, &e. Ar to
remoTtt anj buildinc
witkootthe coDieDtM*
Quarter sestioiis may
authorise the rarveTor
ofhighwajt to emploT
H tiinrejor of lands.
[a] See KH Geo. Ill,
elO.
P|i7 of fmreyor of
Width of the roadj.
t^Thlth of the bridget
Hid eansewaTf ; trees
to be cut down for
Mldiai^of (he Mme.
Feaee« to he erected
where there are waten
orfreeipieet.
fay to he allowed to
thd nmrejon pf hlg^-
wayi.
m<8ee A2d Geo. Ill,
Surveyor to sell the
which an
Borveyor to
laadthnHurh
ddNadlbni
ed, anlees the owaers
of the land throogh
which the new road
■nay pass shall take the
■ame as a compeos^
ee goterament a^
tnce not to be scM.
4th Geo. IT, e 10,
road to be opened, ginng at the same time public notice thereof by affixing er caoring to
be affixed, a copy of the said report in two or more of the most public placea next adjar
cent to the place where the said alteration is intended to be made, or new hi^way or
road to be opened, and if no opposition, as hereinafter mentioned, shall be made to such
report, it shall and may be lawful for the said justices, or the major part of them, and they
are hereby required to confirm the said report, and to ^rect such altevalaoii to be made,
or such new highway or road to be opened accordingly i apd when and so often .as any
application shaU be made, to the said justices in quarter sessions assembled as aforesaid,
in opposition to the said report, it shall and may be lawful for the said justices, on its being
made to appear to their satisfaction, that due notice hath been givei^ to the surveym- by
whom such report as aforesaid was made, to direct a jury of twelve disinterested men to
be empanneled out of the persons returned to serve as jurors at the said sessions^ who
after hearing evidence upon oath, touching and concerning the said intended alteration, or
new highway or road, shall upon their oath either confirm or annul the said report, or so
alter and moidify the same as the exigency of the case may appear to require,.and their
verdict shall be final, and the said justices shall direct such highway or road to be altered
or opened accordingly ; and such highway or road so altered or opened, shall be aad is
hereby declared to be a common and public highway ; and the said repc^ so cqnfinDedor
altered, shall remain as a record and description of the said highway or road, in the office
of the clerk of the peace,' and a copy thereof shall be entered in a book to be by him kept
for that purpose, and for every such entry, he shaU be allowed the sioq of fimihiUittgs,
and no more, to be paid out of the treasury of the distcict : Provided always, That ii.fihaii
not be lawful to lay out or aker any public h^;hway or ro^, so as to lead the same Ifcrau^
any orchard or garden, or to remove any bniicUog, without the content of the owner fail
had and obtained, any thing in this act contained to the MBtmy » oay vlao nolmlh*
standing.
IV. And be it further enacted by the authority afisresaid. That when and so cAen as il
shall Bppeur to the justices of the peace, in quvter sessions assembled, that it wiU be
necessary or useful to employ a surveyor of lands, in laying out or altehog any highway
or road as aforesaid, it shstli and may be lawful for them to order and direct any snrreyer
of highways of the county or riding in which such hi|^way or road is intended Ip be bid
out or altered, to employ such surveyor of lands, who shall be paid ont of the dwtiaet
treasury, [a] by an order of the said justices, for the number of days in which he fibatt
have been so employed, at the rate of ten shillings for each day.
V. [Repealed by 4th Geo. IV, c 10, s 1.]
VL And be it further enacted by the authority aforesaid. That all bridges uad caAse*
ways, hereafter to be built upon any public hi^way or jroad, shall not be lesa than fifteen
ieet in width, and in order to provide materials for the same, it shall and may ^belarwitd
for the overseers to direct the laborers performing such duty as hereinafter mentioted, to
ent down and make use of any trees standing up<m any unenebsed and ttnimp0ored.bndi^
that may be most convenient and best adapted to biulding or repairing such bridgee or
causeways as aforesaid.
VII. And be it further enacted by the authority aforesaid. That wben any pnfaiie high*
'way or road does pass by any deep wat^ or dangerous predpioe, the overseera shall
cause good and sufficient fences to be erected at the sides of the said hif^way or mnd^
for the security of his Majesty's subjects and others who may travel thereon.
VIIL And be it further enacted by the authority aforesaid. That overy such aarvnyer
of highways as aforesaid, for the time being, shall be allowed seven shilhngs and scxpeneft
per day, for every day in which he shall be necessarily employed in carrying in^o effect
the provisions of this act, an account of which, such surveyor shaU present to the Justices
of the peace, in quarter sessions assembled, for their inspection, who being satisfied that
such account is proper and correct, shall order and direct the treasurer of the district
forthwith to pay the same, [b]
IX. And be it further enacted by the authority aforesaid. That in all cases when it
shall be found necessary to alter the direction of any such highway -or road afe^ady laid
out, so that the land throu^ which it formerly -passed shall become unnecessary for a
public highway, that in such case it shall and maybe lawful for any surveyor ^ surveyors
to be appointed under and by virtue of this act, and he or they are herebv foUy autbn-
ri^sed and required to sell such land, and to grant the same under his hand and seal, or
their hands and seals, to any purchaser, which sale and grant as aforesaid, shall eonvey a
legal title to such purchaser : Provided nevertheless, That if the owner or omiOtn of
the land throuj^ which sueh new road may pass, shall be willing to accept the old load
as a compensation, such owow or ownem shall and may take the same, by a^eonvoyanee
under the hand and seal of the surveyor or surveyors as aforesttd, wtiich he or th^f nre
hereby fiilly authorized to give.
Digitized by
Google
tk\
]
C. Ir-^Fvntaxm Ynua oar Osom* III.— 1810.
IM
BMT pus. If 1m it not
what compenfaCMB to
■lull ne«tTC.
Jwtie«f to
the diYMions whkh
they shall allot to the
orerwen in pariflhet,
townshiiM, &e. maj
giTe orders to the OTe^
leeff.
Duty of the oterteer.
X iltoidWilJuvdMreatfet^byllieaathority afoi«8*idy ThstwkeiiaiijMle dbatt take The prfee of tfte had
ptee a* «f oiMaid^ the noae j ansuig therefirooi shaU be given to the owner or owners of S|J^;.^Jrfi£ i^^ou?
the land fthrei^ wUeli the new road nmy paaa, as mi indennifioaCion for the Mine, a^ which the
k iritieh invnet or owners AM nM be satisfied thenewith, it shall and m&j be lawful for
Mm,; ber^ ^ them^ to aigajfy the same to the said surrejor or surveyors) who are berebjr
re^afared to report the wrther elaiSBt fen* eott)>ensation of sueh owner or owners^ to the
jnstiees .of tiie peoae, at the next ensuing quarter sessions iMseubled, and to give notice
to the daid owner or owners to appear at the said sessions^ and the justices so assembled
shiiU direct a jury of twelve disinterested men to be empanneled out of the persons
ietarned ti^ e^ve ad julporS) at sueh quarter sessions^ and the said jury shall upon their
oaths deterwiia whe^er aily^ and what further sum ehaSL be allowed Co such owner w
earners as idSunesaid, ttid their Verdiet shaU be final; and in ease such jttry shall award
any taHhor torn to sueh otmer or owners^ the said justiees so asaembled as aforesaid, are
hereby aathbriKed and ie^|u&red to order Mid direct the treasurer of the district forthwith
to i^y this *nie.
JU. AM be il further enacted by the authority aforesaid, That the justices of the
pMKi4y actfas within iheir respective coonties or ridings for the tiase beings shall and may
(at a specialsessions in the month of March, to be holden for that purpose^) divide their
respeiB6f^ parishes^ towftshipsy or ridings, into divisions^ which they shall sdlol to the
averseeirs of the hi^iw^ys and rolMis, and the ssnd overseers shflthsupmntend, repair, and
keep m ordot, the highways and roads, streets, and bridges in thetr several divistons^ and
the said |usiieds^ or the majottty of tbeai, mOy from time to time order any overseer to
wetk-npon^ any highway or road within his division, as they shaft think necessary, and
the sakl ovetaeer shall within ten days after having received stich order, sumnon soch
pciosns witliki his division as are obliged to perform statute duty or labor, and order them
to work: on sueh port of the road or b^way , as they shall be dureeted to amend or repair,
and shaH direct M peraona performing such labor, to destroy, as much as nnry be in their
power^ att wtaeds that are hurtful to husbandry ; and every person ne^cting or refusing
la obey sueh order, riwU be aubjeot lo the Uke penalties^ as if he had l^en a wflftn
defeuHer for that day, or for sueh time as he riiall have so neglected or refused, and If
any overseer shall refuse or negleot to summon such persons as aforesaod, and set them to
work im suibb road or Inshway , as he shall be directed to amend or repair, he shall for
erery sneh neglect or refusal forfeit the stun of forty shillings, to be recovered in madner
hereinafter set forth.
XIL And be it farther enacted by the authority aforesaid. That all allowanoes for
road^' made bjf the King's sarveyors m any town, township, or place, already laid out,
ar wWeh shall be made in any town, township, or ]dace, within thb province, and also sH
roads laid out by virtue of any act of the parliament of this province, or . any roads
whereon the paUie money hath been expended for opening said roads throughout this
province, or whereon the statute labor hath beeti usually performed, or any roads passing
through the Indian lands, shall be deemed common and public highways, unless any snc£
roaGb have been riready altered according to law, or until such road or ronols sbnll be
altered according to the provisions of this act.
XUL And be it farther enacted by the authority aforesaid. That if any person or per-
asns shall wilfully stop op or incumber any such road or roods as aforesaid, or shall puH
down or destrory any mnees along canals or pi^cipicea, or railing of bridges, that have Ineen
sr slndl be: put up aocordiag to biw, for the security of travellers ; Ite, she, or they shaH
forfeit and pay for every sueh offence, the sun of two pounds, to be recovered in manner
heteiEBafter mentioned.
XIV. And be it further enacted by the authority aforesaid. That the persons to be
eaxphymA as overseers of the highways and roads in every parish, township, or place,
within this provinee^ shall be nominated and appointed accotdiM to the provisions for
Aat purpose madey bk a certain- act of the legislature of this provmee, eAtitled, ^^ An act
to provide for the nomination and appointment of parish and town officers within this
Peuilt J for not obejriiig
the simimoiM and order
of the oftneen.
Penalty, if
ihall n^eet
to I
What ibaUbe
highway*
Penalty for ttoppinror
neottioenttS roaoiyCtee*
ttftytnttttticWy and ttss^
Ing 01 hriSgM.
Mode of
oreiveen
wmya.
appointing
of the hl|^
(Stte 88d Geo. m, e%
and4Sth, e5.)
(Orerieen
for
pponal
iv,e'l
proviaae^^ and also by an act entitled, ^^ An act to alter and amend an act passed in the
thirty-thkd year of his Majesty's reign, entitled, ^ An act to provide for the nommation
«d appointment of parish and town officers, and abo to repeal certain parts of an act
passed im tiie thirty->tfaird year of his present Majesty's re^n, entitled, ^ An act to aulho-
nbe anS direct the faying and collecting the assessiaents and rates in every district of ttris
provincer^ md to provide for the payment of wages to the members of the house of
assembly.' ' "
XY. And be it further enacted by the authority aforesaid. That the overseers of every
township, reputed township, or place, shall severally make out and keep a list of every
penam who ii Ae owner of a cart, w^gon,. plough, sled, or team, within their division,
and likewise of all the inhabitants of such division, who are liable, under the dh*ections
of tfaia actt, to w<njh upon the hi^ways, a oe|9^ of which list shatt be subscribed by the
Digitized by
tit:
appointed mnder the
pMrfiaianft of 4th €Mb.
n)
titttobe
sons liable to
the hig^wayi.
sofper-
wwaoB
Google
486
C. l.*^Ft9«i»H YxAm OF CteoMS III. — 1810.
to tie delivered
to 'the justices of the
peace.
Oreneen to collect
cma^itioni and.fot^-
feil«re«.
To keep an accouatfof
the duty done, com-
pounded or unperform-
ed : also of such money
as he shall have recei-
red bj yirtue of this
act, and hare applied ;
also of what money is
due : such account to
be delivered to the jus-
tices at special ses-
sions.
I^ersons who shall wbik
on the hiehways, to
bring tools Tor that pur-
pose.
Hours of working.
Ufanner of working.
Penalty for negUgence,
&c. in working.
Notice from the OTcr*
seer to work.
.Penalty for not work-
. ing in pursuance of such
notice, with cart, wa-
gon, &c. and also for not
penorming personal la-
,A|^p|i«at
feittires«
litatiop of such for^
Jtecorelry .of Ibrfeiturea
before nuking np of ac-
counts.
. Jlt^n of composition f«t
Com|N»siti6a money to
be paid to orerseer.
said overseers respectively, and delivered to the justices of the pimse^ acdng wKliiB Ae
cottntyor division to which the said overseers belong, witfiin twenty days after Ai^
shall have been appointed overseers as aforesaid, and the said overseers for every town-
ship, reputed township, or place, and each of them, shall carefully and diligentty eoHeet
the several compositions, forfeitures, and sums of money directed and allowed to be
received and taken within the same, by virtue of this act, within the year for wfaMi he
is appointed overseer, and shall also keep one or more book or books containing an aceemt
of the duty or labor done, compounded for, or unperformed, by every person KaMe 'to
discharge the same within his division, and also a just, true, and fair account, to be veriind
on oath, if required, which oath the justices are hereby authorized to aduiiiistbr, ef dl
such money as shall come into his hands in respect to such diviiion, by virtne of':aad4pr
the purposes of this act, and to whom and on what occasion he shall bav« paid and^appKed
the same, and also of the sums of money that shall then remain due and omng, feonn any
person or persons in respect of payments, compositions, and forfeitures, to be lakaD and
received for and in respect of the said highways, by virtue of this act;* whiiA book 'Ot
books shall be delivered to the said justices, acting within their respective diviaioiiB <nr
counties, at some special sessions to be holden for that purpose, in uie month of BiaiA
in every year.
XVI. And be it further enacted by the authority aforesaid, That the roads and U^wa^fls
in and through every township, reputed township, or place, shall be cleared, repaired^ and
maintained by the inhabitants thereof, and that every person liable to w6rk bv virtoe of
this act, shall either in person or by a sufficient man in his steady be oUiged to Work oil
the said road, and shall have and bring with him, one spade, picfc^axe, bar, or miefa other
tool or instrument, usefol for the purposes aforesaid, as he may be owner of, and be
directed by the overseers to bring for and during any space of time he may be liaUe to
work on the said roads in each and every year, allowing eight hours to each day's work,
and that every person within each township, reputed township, or place, keeping a eavt^
wagon, or team of two horses, oxen, or beasts of burthen or draught, used to diawftt^
same, shall send on every day to be appointed by the said overseers, a cart, wa«m, or
team, and one able man to drive the same, for such space of time -as he shall be heid liidde
to work on the said roads by this act, to work on the highways, roads, streets, or bridges,
allowing eight hours to each day's work, which said day's work shall be held equivalent
to two days personal labor, and if any laborer or driver shall refuse or ne^ectlo work. Or
to carry good and sufficient loads during the time above mentioned, it shall and may bfe
lawful for the said overseers to discharge such laborer or driver, team and cart, and sudbt
laborer or driver of such team or cart shall be liable to the forifeiture which every aueb
person would have incurred by virtue of this act, in case such laborer had not attended^
or such team, cart, and driver had not been sent.
XYIL And be it further enacted by the authority aforesaid. That each overseer shall
from time to time give to every person, or leave or cause to be left at the house or usual
place of abode of every person within his division, liable to perform the duty and laber by
this act directed, three days' notice at least, either verbally or in writing, of the day, boo^^
and place, upon which each of the said day's duty shall be performed, and every person
possessed of a cart, wagon, or team, having been duly notified as aforesaid, and not having
paid such composition as hereinafter is mentioned, who shall make default in sending such
cart, wagon, or team, with an able man to drive the same, or in performing the said duty
at the time and place to be notified to him in manner aforesaid, shall for every such defauk,
forfeit and pay the sum of ten shillings ; and that every person as hereinafter mentioiied,
liable to such personal labor, having been duly notified, and not paid snch composition
money as directed by this act, who shall hot appear or send a sufficient man in his stead,
with such tool or instrument, at such time and place as by the said notice shall be directed,
shall forfeit and pay f<H* every siich default, the sum of five shillings ; all which forfeitures
shall be applied to the use of the highways of the townships, reputed townships, or places
respectively, in which such default shall have been made ; and the said overseers shall
fairly dnd equally demand and require such duty and labor from every persoii liable to
perform the same, acQprding to the directions of this act, without favor or partiality to an^
person or persons whatever, and every overseer shall and inay, and he is hereby csquir^
with all convenient speed, after default made as aforesaid, to proceed to the recovery of
the fines and forfeitures hereby inflicted in manner hereinafter directed, so that the same
may be recovered before he makes up his accounts in manner directed by this act*
XVIII. [Repealed by 66th Geo. HI, c 89, s L]
XIX. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for any person who may be desirous of compounding for any statute labor as afore*
said, to pay. the compQeition money allowed by this act, to Hhb overseer of the hif^ways
Digitized by VrjiJOV IC
]
C. 1. — Vnrttmra ¥■&■ or Qsmmc III. — 1810.
IW
AppUcAtionofthcj
Siuirayor, wk«anoiiMr
IS wanting; ior may wod&
of adranta^c . oa tk%
public highway*, to
certify, &c.
Joatie«i ih qtfariei' •«■-
lions fiiajr order such
work to lie performed,
and money not exceed-
iM £60 to be pai<< out
ofthe district treasury
for perfomiteee of tlM
TViM# art aoira or fan*
log pot of ineloaed •
]ands,^cros8 the hi||h- •
way, shkO be i^aiovcd
by the owner W Mcfc
Penalty for neglectiog '
to remore.
Mode of recoYcriiijf
forfeitures unctcr this
aet
vtfim dMaioii kt vAiick mdi peraon riidl reside, 'widuii two months after the appointment
«f HM-Mid OTterBeer, whioh payment ahdlbe in fullMtisiiBction ofthe statute kborof snch
pefMNi, for tiie eunrent year in which the same shall be made, and the overseer of each
and every division shall apply such composition money to the use of the highway, within
the year of his appointment.
XX. And be it farther ttiacted by the authority aforesaid, That when the said survey-
aia of Ae hif^ways, or any of them, acting within their said counties, shall be of opinion
that a farOer snm will be wanting, to undertake any particular woA of manifest general
aAvaaitMe, on the poUic highways, that he or they may, and is and are hereby required
lo eerii^ the same, by a writing under their hands, to the justices of the peace in general
4BMer setsioiis aaaembled, within their respective districts, and may report to them an
eilittiaie of tiie additional sub required to complete such work ; and if it shall appear td
the mqority ofthe said justices, then and there assembled, that such proposed work is
■eeeasary, and ttiat it is expedient to undertake the same, they may come to a resolution ,
to 9k»A effect, and declare they will take the matter into consideration at the next ensuing *
genend quarter sessions, advising such resolution in each respective district to which they
iBaybeloag, and m case it shall be deemed advisable by the greater number of the justices,
at such subsequent quarter sessions assembled, upon nirther consideration, that such reso-
hilicii ahdoid be confirmed, it shall and may be lawful for the said justices to order and
dkeel such work to be performed, and when performed, to order and direct the treasurer
of the district to pay the amount of the same, (provided it do not exceed fifty pounds^)
out of the district treasury.
XXI. And be it fiirther enacted by the authoritv aforesaid, That if any tree shall be
cut down after the passing of this act, or fall out of any inclosed land, into or across any
of the paUic highways, that the owner or occupier of such indosure shall within the space
of twentv-four hours after he shall receive notice of its having so fallen, remove the same ;
and if after such notice thereof is given to such owner or occupier as aforesaid, he shall
negleet to remove such tree out of such road, within the space of twenty-four hours, he
shall forfeit and pay the sum of ten shillings, for every day such tree shall be unremoved,
after receiving such notice as aforesaid.
XXII. And be it further enacted by the authority aforesaid. That all fines and forfeit-
ures aecruing by virtue of this act, shall be recovered before .any two or more of his
Majesty's justices of the peace, by confession, or upon the oath of one credible witness,
and shall be levied by warrant under the hand and seal of either ofthe said justices, by
distress and sale of the goods and chattels of the person so offending, rendering the over^
phis ttumejy (if any there be,) to the owner or owners, after deducting the necessary
chains of such distress and sale, and in default of such distress, it shall and may be lawftd
for any justice as aforesaid, to commit the person so offending to the common gaol for any
time not exceeding one month, unless the fines and forfeitures, costs and charges, shall
respectively be sooner by him paid ; and the produce of all compositions, fines, and forfeitures^
shall be applied towards the making or repairing of the public roads and bridges within the
towndiip and division where the same shall arise.
XXIII. And be it further enacted by the authority aforesaid,, That if any overseer of
the higfawajni shall neglect to apply ainy composition money to the use of the highways, in
racb maimer as he shtdl have been directed by the justices of the division, at their special
sesrimw^ or refuse to account to the justices for the same, it shall and may be lawful for
soch justices, upon conviction of the offender, by confession or on oath of one credible
witness, to commit him to the common gaol of the district, until he shall render a true
account of such composition money, under oath, and shall pay or cause the same to be
paid into the hands of such justices, provided such imprisonment shall not etceed three
months.
XXfy. And be it further enacted by the auAority aforesaid, That such money as shall
be received by the justices as aforesaid, shall by them be paid to the'ovorseer, for the next
cnsim^ year, to be by him applied in like manner as other composition money.
XXv . And be it further enacted by the authority aforesaid. That if any overseer, who
shall be awom to an account of composition money under and by virtue of this act, shall
swear falsely, he shall, upon conviction thereof, suffer all the pains and penalties to which
penR>ns eonvicted of wilful and corrupt perjury are liable^
XXYL [Repealed by 66th Geo. Ill, c 89, s 1.]
XXVII. And he it further enacted by the authority aforesaid. That after any faU of ^^J^^'^^J^
saow, by which any hi^way shall be obstructed, it shall and may be lawful for the said be obatmetMi »y«iioir.
overseeis cS the town or township through which the said highway may run, afnd they are
hereby required in theur respective divisions, to order and direct sUeh ahd S6 many persons
liible lo work on iSbe said highways and roads ne^ adioining the same, being persons r^r^i^i^T/>
90 Digitized by vrjOOyiC
Application of the
OTerseer neglecting tVi
iq;>p]y- composition mo-
ney to the use of the
highways, or refusing
to account for the same,
liable to imprisonment^
&c. until he shall ren»
der an account and pay
orer to thb justices that
money.
hikh. mone;^' to be paid
by the justices to the
orerscer for the ensu-
ing year, to be applied
as other composition
money.
Swearing falsely liable
to the punishment of
wilful peijury.
deadou is the ftmt ii'
which tto atatete labor -
is to be perfonDod.
m
Stakei and beaeona to
be stuck on each tide
of the roada aad orer
froaan waten» when
Paoalty for nafl^eet
Special seuiona may
be held for the purpose
of this act by two or
more justices.
pcNIsesiied of a sleigh or sledge and tefPHi'to open a fre^ paapag^ t]^0u|^il}e m^hktm^
by driving or causing their sleighs or sledges tp be driven q/Wf and ttur^vgM uiQ^MA
highway : Provided always, That the said labor shall not interfere, or ^ eop^r^i9flji.pi||A
of the statute labor hereinafter mentioned.
XXVIII. And be it further enacted by the authority aforesaid, Thai it sbali aii4 Hiagr-
be lawful for the said overseers, and they are hereby required to cause tbe ipkabjltaiits
liable to work on the said highways and roads, to set up, or caqse to be set np, 0^ ea^
side of the said highways and roads, or over any frozen waters^ stakes pr beaaoBB^ 69 #3 to
direct travellers, when and so often as occasion may require, by reason of ffceat fgftnk V
drifts of snow ; and any person refusing or neglecting so to dp^ when thc^eu^toi i]fl^Vipy4
by the said overseer, shall be liable to the same fineii and forfeitiBrefi, as th0#0 nef^kxttp^n,
to perform their proportion of statute labor on the highways or roads, $a hewpn^tf^flW^*
tioned, and to be recovered in manner aforesaid.
XXIX. And be it further enacted by the authority aforesaid. That it sb^ i^id.paj. be.
lawful for any two or more justices of the pease, within theii? respective divisioiVH and
they are hereby empowered, from time to time, whenever they shall judge proper, tp hoAA
any special sessions, besides that which is hereinbefore directed in the month of M^9rcb»
for executing the purposes of this act, and to adjourn the same, as they shaU thi||l^fit^
causing six days' public notice to be given of the time and place of holding apct^ fp^i4fA
sessions, and the a^iournments thereof.
Panons sbaU be liable
to work on the hii^
ways in proportioa to
t&e ivaeaamettt oCtteh'
rqal and penomd pro*
vim mimber of days on
wMeh labor is to bo
performed on the hi|^
ways ascertained ac-
cording to such assess*
ment
XXX- [Repealed by 59th Geo. HI, c 8, s 2.]^
If the name of any per-
son is omitted in the
assessment roll through
mistake, he shall never-
theless be liable to^
work.
When the whole of the
statnte labor not re-
quired, justices may
leasen the same.
Protection of orerseers
in the discharge of their
flmgr*
AeUoM founded on
things done in pnrsu-
ance of this act to be
commenced within
three months.
anoB'tnit'
or die-
etalL and fredwU of
roada under the piOFi*
sioBs of this act ▼eated
in his Migesty, his
heirs and successors.
iSee 41st Geo. Ill, 6
0,aDd48th,cl2.)
XXXI. And be it enacted by the authority aforesaid, That if through inadvertence^, or
otherwise, the name of any person or persons having real or personal property, sSraSl not
have been inserted on any assessment roll, such person or persons shaU neveWhelfete b^
liable to work on the highways or roads, in proportion to the amount of the sum for whieB
he or they ought to have been as<^essed.
XXXlf. And be it further enacted by the authority aforesaid. That when said so ^ftetf
as it may appear to the justices in special sessions assembled, for the purposes of iMs ifet^
that the full amount of the statute labor will not h^ wanted in any town, township, yepMled
township, or place, within their division, it shall and may be lawful for the Justtefes 16
lessen the same, in proportion to the labor required by law, from each and eref^inhlAM]^*
thereof. . * ' *
XXXIII. And be it further enacted by the authority aforesaid, That tfce ovfetseei* »f *
the highways, and all persons acting, or who shall have acted under th^rd{ree|{oDS,^iii the
execution of such orders as they shall have received froni the jasftices of4he peae6, a<^ng
as commissioners of highways, relative to the performance of their duty on such hl^H^i^^
are hereby discharged from any action of trespass now pending, or hereafter 1k» tyeh^rajiM
in any of his Majesty*s courts 'within this provide, for any act or sots tkatihe stttf^b^^
seers, or any person cff persons acting under their direction as'af^e^aidj may, itiH^
execution of such orders and directions, have committed or done. ^
XXXIV. Provided always, and be it further enacted by the authorit]^ tfor^^A^* Hi*
if any action or suit shall be commenced against any person or persons for any thinff *>be^
or acted in pursuance of this act, then and in every such case, such action or suit shUt^
commenoed or prosecuted within three calendar months after the fact commitleii/ tovt'not
afterwards, and the defendant of defendants in any such action or suit', shall^ and Mj^^^ad
the general issue, and give this act and the special matter in evi^nce, at the triarf&4e
had thereupon, and that the same was done in pursuance and by the^ autli<^ty of \fce
present act ; and if the same shall appear to have been so done, or if any sucli »bt{dft or
suit shall be brought after the time limited for bringing the same, then the juiy slfall^'flM^
for the defendant or defendants ; or if the plaintiff or plaintiffs shall become non-suit^ or
discontinue his, her, or their action, after the defendant or defendants haveappear^d^ die
defendant or defendants shall and may recover treble costs, and have the like.remed^ for
the recovery thereof, as in any other cases by few. r . ^ / /
XXXV. And be it further enacted by the aiathority afbrasaid, That wlfen anylUgbWay
or road shall be altered, amepded, or laid out^ under Ihe provisions of fliis aiet/thaftR^
soil and freehold of such hi^ivay or road, shall be therety vested iti hii lAy^y^ hftl;
heirs md auccessors. - -; * * • T
Digitized by VnUO^ IC
^i—BMIan.] ' C. S^ S, 4.''^-9tnmM Yaa* b# Qbobcis: III 1810. tS*
chapter !!•
Zn ilS8^^ g^dnttHg to his Majesty^ a certain sutn of money out of the funds applicahh
to flU use^ bf this province, to defray the expenses of amending and repairing the xawognatedtobe^
puhUc highways ana roads, trying otU and opetiing neio roads^ and building bridges p~p™*^» *«•
in th^ Several districts'Jhereof
Chapter III.
Aa act to extend the protnstons of an act passed in the fortjf-sevenih year of his Majea^
ty^s reign^ entitled, ^^ An act for the preservation ofsalmony
, [BxPAAxsD Br 2d Geo. IT, Ca. 10.]
Chapter IV.
Jb^a/dtfsf trwenting the forging and counterfeiting of foreign bills of exchange, and
of foreign nates and orders for the payment of money.
[Fluted M«reh 12, 181<K]
Whkbeas it is expedient that effectual provision should be made to prevent forging and FtrcamUe.
etMiMsffeitulg of foreign bills of exchange, foreign promissory notes, and foreign orders for
ih& pmyment of money within this province ; be it therefore enacted bj the King's most
^^leelleM Msjesty, by and with the advice and consent of the legislative council and
•ssemUy of the province of Upper Canada, constituted and assembled by virtue of
aad nmier the authority of an act passed in the parliament' of Great Britain, entitled, *^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' Ail afct fbr mriEine more effectual provision for the government of the province
•f ' Qoebee, in North America, and to make further provision for the government of the
iaid ffoiteee,' " and by the authority of the same, That if any person, from and after Penoni forging, ftc.
the faarifigef this act, shall, within this province, falsely make, forge, or counterfeit, or S£SSS,*^'!!jrutte^
•«dM 6f ppMure to be falsely made, forged, or counterfeited, or knowingly aid or asnst «heMiAe,|;iiiitT of fe-
te the bhe makfaig, forging, or counterfeiting, any bill of exchcffige^ or promissory note, ir^^pSiMeSf nS
taiierMdag, or order for the payment of money, purporting -to be the bill of exchange, ^**^"**iy WJ
proteiBiBmy note, undertaking, or order for the payment of money, of any foreign prince, ment^OT^LuthmeDt'or
state, or country whatsoever^ or of toy minister, or officer intrusted by or employed in '>y one or '^^ thj
ihe service of atiy foreign prince, state, or country, or of any person, or company of per- the J^rtUim^ii the
iMM, fesident iniray foceign state or country, or of any body eor|K>rate and politic, or ^^"^
body IB Ate imtare of a body corporate and politic, created or constituted by any foreign
prioee-^lr state, with intent to deceive, or to defraud his Majesty, his heirs and successors,
•r aity Mdi feteign prince, state, or country, or with intent to deceive or defraud any
yertoa eff company of persons whomsoever, or any body corporate and politic, or body in
tke aaUM of a body corporate and politic whatsoever, whether the same be respectively
feeiienl:^ eai^yiog on business, constituted or being in any part of this province, or in any
ftirsin^tale or country, or if any person from and after the passing of this act, shall
nrkfam toy part of this |irovince, tender in payment or in exchange, or otherwise, utter
dr {lublSsh as tnie^ any suoh false, forged, or counterfeited bill or exchange, promissory
a«i6, laidertiddog) or order, knowing the same to be false, forged, or counterfeited, with
lateiit fo deceive or defraud his Majesty, his heirs and successors, or any foreign prince,
Vtete^ Of dOiihiry, or any person or company of persons, or any body corporate and politic,
air im the Mture of a body corporate and politic, as aforesaid ; then every person so
dflwdnigi iball be deemed and taken to be guilty of felony, and being thereof lawfully
eofttlfated, shall be punished by fine or imprisonment, not exceeding two years, or by other
corpeumi pimisbment, not extending to life or loss of member, and also by banishment
ttma tidi |iioviiiee, or by one or ouire of the said punishments, at the discretion of the
if. Aad be It further enacted by the authority aforesaid, That no person, after the no penon iban en-
Masiflig of this aet, shall within any part of this province, engrave, cut, etch, scrape, or |[5jy*^^*hJi'*^®"i^
by ally other meMS or de^ce, make, or knowingly aid or insist in the engraving, cutting, BorVrianLm wltbmt
eteMiij^, seroping, or by any other means or device making, in or upon any plate whatso- S!J?*^*^!t2iJ |2
#rery smy bill of exchange, or promissory note, or undertaking, or order lar the payment enecody whhimi km-
oi ittSMv, )ptilforting to be the bill of exchange, promissory note, of undertaking, or order ^ »«»•.
of ftflf rortrign prineo, state, or country, or of any minister or officer intrusted by, or
en^Mdd hi th^eervke of ettf foreign state or country, or of any person ot oomtenr of ^^ ^^^T/>
'Digitized by VorOOv IC
¥1!^
C i,-^annnm Ysab or
UK— 1810.
For tb« fint offence,
punishment of impri-
•onn^ent not exceeaing
■ix months, fine, pulw
licly or priratety whip-
pea, or one or more of
the said punithmeata.
For second offence,fine,
imprisonment, not ex-
ceeding two years, or
by other corporeal pu-
nishment, banishment,
or by one or more of the
said puni8hments,at the
discretion of the court.
This act not to alter the
laws in force against
forgery.
Persons indicted aball
not be allowed to tra-
verse to a subsequent
assizes.
Certificates of former
conTictions shall be ev-
idenee in trial for se-
cpod oiTcnces.
Houses and other pre-
mises of suspected per-
sons may be searched,
and counterfeited bills
of exchange, &c. and
tools, tee. seized and
carried to a Justice of
the peace, to be produ-
ced in eyidence against
the person or persons
to be prosecuted for
sftid offerees.
peraops resident or being in any foreign stale or eounlrjr, or of any body oorponte
politic, or in the nature of a body corporate and politie, or eonstitated by any Som _
prince or 8tate> or any part of suoh bill of exchange, jvemissory note, undertakii^ ^
order, without an authority in writing for that purpose, from such foreign prince, atatey or
couptry, minister or officer, person, company of persons, or body corporate and poUtie, or
body in the nature of a body corporate and*politic, or from smne person duly authoriieed
to give such authority, or shall in any part of this province without such authority as
aforesaid, by means of any such plate, or by any other device or means, make or print
any such foreign bill of exchange, promissory note, undertaking, or imler for the payment,
of money, or any part thereof, or knowingly, wilfully, and without lawful eseuae, (the
proof whereof shall lie upon the party accused,) have in his <»* her custody, any aneh
plate or device, or any impression taken from the same, and if any person shall oflend m
.any of the cases aforesaid, he shall be deemed and taken to be guilty of a misdemeanor,
and being thereof convicted according to law, shall be liable for the first ofience^ to be
imprisoned for mj time not exceeding six months, or to be fined, or to be publicly or pri»
vately whipped, or to sufier one or more of the said punishments ; and for the second
offence, shsJl be punished by fine or imprisonment, not exceeding two years, or by other
corporeal punishment, not extending to life or loss of member, and also by banishment
from the said province, or by one or more of the said punishments, at the discretion of
the court : Provided always. That nothing in this aet contained shall extend oi^ be con-
strued to, extend in any manner whatsoever, to repeal or alter any law or statute now in
force for the prevention and punishment of the crime of forgery in any respect whatso-
ever, within any part of the said province.
III. And be it further enacted by the authority aforesaid. That no person %gfbait lal^Mn
any bill of indictment shall be found at any assizes, for any ofifence against this act, shaH
be .entitled to traverse the same te any subsequent assizes, but the court at.whpfDh. sueh
bill of indictment shall be found, shall forthwith proceed to try the person or persona
against whom the same shall be* found, unless he, she, or they 8^1 shew good cai»e, lo
be allowed by the court, why his, her, or their trial should be postponed.
IV. And be it further enacted by the authority aforesaid. That if any pe|:i^n fhall be
convicted of any ofience against this act, and shtdl afterwards be guilty of the like gOkat^
ifk any other district within this nrovince, the clerk of the crown where such former
conviction shall have been tried, snail at the request of the prosecutor, or any other, on
his Majesty's behalf, certify the same by a transcript in few words, containing the eSeet
and tenor of sueh conviction, for which certificate, two shillings and six pence, and uq
more, shall be paid ; and such certificate being produced in court, and the hand-writuig of
§u(ih clerk of the crown thereto being proved, shall be sufficient evidence of such former
conviction.
y. And be it further enacted by the audiority aforesaid, That itshallandmay belawfiil
for any one justice of the peace, on complaint made before hun upon the oath of one
credible person, that there is just cause to suspect that any one or more person or persona
is, or are, or hath, or have been concerned, in the making, foiging, or oounteifeiti^g, such
(ipreign bills of exchange, pnomissory notes, undertakings, or enters for the payment of
money as aforesaid, or in engraving, cutting, etching, scraping, or by any other means or
device making upon any plate whatsoever, any of the said foreign bills of excshange,
promissory notes, undertakings, or orders for the payment of money as aforesaid, or by
means of any such plate, or by any other device or means of mddng or printing the same,
or that the said suspected person or persons hath or have in his, her, or their Ofustod^i
any such plate or device for the purpose aforesaid, or any impression taken irotn#Qeh
piate, or otherwise printed or made, of the said foreign bills of exchange, prcnnissoiy
notes, undertakings, or orders for the payment of money, by warrant under the hand and
seal of the said justice, to cause the dwelling house, room, work shop, out house, or other
building, yard, garden, or other jdace belonging to such suspected pers<m or perpona, or
^iliere any such person or persons shall be suspected te carry on any stich making, totf^i%
counterfeiting, engraving, cutting, etehing, scraping, or printing, as aforesaid, to be seaaehed
for any such fdse, forg^, and counterfeited foreign bills of exchange, promissory nolea»
undertakings, or orders for the payment of money, and for the tools, plates, or devieei
for the making, forging, printing, or counterfeiting of the same ; and if any such leoifl)
plates, implements, or devices, shall be found in any place so searched; or in the eualody
of any person or persons whomsoever, not having the same by some lawful authority, it
shall and may be lawful to and for any person or persons miatsoever discovering the
fMone, to seize, and he or they are hereby authorized and required to seize, auch JUae^
forged, and counterfeited foreign bills of exchange, promissory notes, undeitdungp, or
orders for the payment of money, tools, plates, implements, and,devic(»s, and to cany tlie
same forthwith before a justice of the peace of the district where the sakne riiali be seized,
who shutt cause the same to be secured, and produced in evidence against any person or
Digitized by VniJOVJ IC
]
C. 5^ C— Fnranni Ysab ow Omomam 111.^1810.
«batt or mqr 1m praMeuted for tnj of Ae ctknacB albreflaid, and after (b($
Mine AmU hate been so produeed in erideiieo, they shall forthwith, by order of the eourt
where Boeh oiender or offenders shall be tried, or by order of some justice of the peace»
in case there shall be no trial, be defaced or destroyed, or i^erwise disposed of, as such
court or such justice shall direct
YL And be it further enacted by the authority aforesaid, That if any action or suit
shall be l>rougfat or commenced against any person or persons for any thing done in fur*-
soanee of Uiis act, such action or suit shall be commenced within three months next after
Aie laall^ or thing done, and not afterwards ; and the defendant or defendants in such
ae^.er«iiit, may plead the general issue, and give this act and the special matli^ in
evMeaee M any triad to be had thereupon ; and if afterwards, judgment shall be given for
the defendant or defendants, or the plaintiff or plaintiffs shall become non<-suited, or
diseontinue his, her, or their action or suit after the defendant or defendants shall hua^e
^pefred^ then such defendant or defendants shall have treble costs awarded to him, her,
or then, against such |daintiff or plaintiffs, and have the like remedy for the same as any
defendant or defendants bath or have in other cases, to recover costs at law.
m
LimitilfoB ftMT I
doM vdUr tkif act,
thMi ■
TfttUe eoiCi.
Cliaiiter V.
An adki declare the common gaok in the several dMricte of this province to he hofn^
of correction for certain purposes,
[PisMd MMrah IS, 18M.]
Whcrkas it is expedient that until houses of correction shall be erected in the several
dkirktB of dits provmce, that the common gaol in each and every of the said districts shall
be held uid taken to be for certain purposes, a house of correction ; be it therefore enaeted
by the King's most excellent Majesty, by and with the advice and consent of the legislative
coancfl and' assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Great Britam, entitled)
'^ An' act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, enfilled, * An act for making more effectual provision for the government of die
province of Quebec, in North America, and to make further provision for the govemmenl
of the said provfnee,' " and by the authority of the same. That until such houses of cor-
rection shaH ^ erected as aforesaid, the common gaol in each of the said several districts
respectively shall be, and the same is hereby constituted a house of correction ; and that
dt and eveiy iAe and disorderly person, or rogues and vagabonds, and incorrigible rogues,
or any other person or persons who may by law be subject to be committed to a house of
correction,' shall be committed to the said common gaols in the said districts respeetiveiy,
any laW or usage to die contnoy in any wise notwithstanding.
Uatil iMMues of t
tion alutU U «rM;M»
Um eoMM» gaok m
•aek retpeetire dliftrM
are eoDstitnted bovMf
of eorrtctiott.
Chapter VI.
An act for granting to his Majesty a duty upon bittiard tables.
[PMwd Mareh 12, 1810.]
Most amACious Sovsrbiok :
We, your Majesty's most dutiful and loyal subjects, the commons of the province of
Upper Canada, in parliament assembled, for the uses of this province, have freely and
▼mintarily resolved to ^ve and grant to your Majesty, your heirs and successors, a duty
on bifliatd* tables ; ther^ore, be it enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^' An act to repeal certain parts of
an act passed in the fourteenth year of hia Majesty's reign, entitled, ^ An act for making
ipore efectual provisicm for the government of the province of Quebec, in North America,
and to.indke furtiber. provision lor the government of the said province,' " and by the
aH^wNriiy of the 8aine« That from and after the twenty-ninth day of September next, there
shall be laisedi leviea, collected, and paid yearly, and every year, unto his Majesty, his
heirs and successors, to and for the uses of this province, and towards the support of the
civil government thereof, of and from all and every person or persons having in his, her,
or Aeir possession, custody, or power, any billiard table, set up for hire or gain, directly
or indireotly, whether such person or persons shall use or permit the same to be used or
not, the sum of forty pounds.
IL And be it fi^er enacted by the authority aforesaid. That after the said twenty-
ninth day of September next, it shall not be lawful for any person or persons to have in
Digitized by
BrttT penMM kanriac ft
liilUttrd teUe m'tCif
pn»TiBC«, Mt np for kin
kMpiag of Um MOM.
Google
m
Form of m lieente to be
oMoined for Mttiag up
M^b»UtafdtiMib
Foim of t f^tiMCTcfb
to the iupeetor of the
dbtriet for tlie ohtoin-
ing of e UeeDM for set-
tiBff np tneh InUuurd
The dato and ezpiration
•f tttch liceatei .
Fee to the Mid iaepee-
tor for utoiog of the
4>fMik i^Mtk tikt Motdiii
ite«ft«d tcft the gild
m€tat^,ihai be paid
^ thtf hiapector Co tHe
reeeirer gesetel.
Oee half of the finee and
forfeiture* incurred by
this act shall be paid to
the reeeirer Keaeralyfor
the nMt» or the pro-
Tine e, and accounted
for to his Maiestrthro*
the lofds of the treasu-
ry; tfie other half shall
M paid to the person
' " le tor the
lli^, hety 6t ftieir poirsesrfoft^ csti^t^, or poimr^ ratf WUkti fcM^ sftt t<|» Ibr Mm w ptn^
mt^tty or iodif^eay, tmless a l)e«Me skelt hiiT^ been obMAed fdr utidi biytit^lMt^ •«
itnAmt ttefitidiied :
^^ License to A. B. to keep one billiard table, for the space of one year owXj from iBe
date hereof) he having paid forty pounds, by virtue of an act of the provincial paniaoient
of the province of Upper Canada, entitled. ^ An act for granting to his Majesty a dulij
upon billiard tables/ dated this ^y of ''
III. AfMl be it fiirthei* enfltcfed by the tothorit^ afoi^DaJd, ThAI ereyy peiMli dMk'Odi
t^ dbtatnitt| soch IieetMe tA aforesmd, shall, on or before th^ tWentt-ttiiMb diqr of ^^
ietnber In this preirent yeat, and on or before the twetity-nlnth d^y of SepCemlRer is bkA
ktiA every subsequent year, deli^^r to the inspector df the district, where wieh bfllkt4
fable il set up and kept, a requisition in* writing, ift the following form i
." t do hereby require a license to be granted to'me for keeping on^. billiard tabloy in the
town or township of. in the county oJf and in the district of , fi>r wUch
I am ready to pay the sum of forty pounds provincial currency \ dated the day of ''
And shall pay unto such inspector the siim of forty pounds, on receipt of which, the saici
inspector shall deliver to the said person such license ; and if any person or pers<Hisaftor
the twenty-ninth day of September next, shall have in his, her, or their possession^
f^ust^y«.or power, any billiard table, set up £or hiice or g^, directly oriadirecUj^ withovt
first having obtained such license, such person or persons shall forfeit and pay ttie sum of
one hundred pounds^ to be recovered by action of debt, bill, plaint, or information, in his
Majesiy'a coUrtof king's bench in this province^
. -IV. And be ii further enacted hy. the ^utboriiy afcH^esiud,.' Tbat^ -siiGh lioeiiSM |o. hn
granted for the purposes aforesaid, aAer the said twenty-ninth 4ay of SeptcoytNitf nexti
abaU be dated tm th^ tweniynMnth day of September, in the year in which Ibejr m^ to h^
lasiied, itnd shaU expire on the twenty-eighth day of Septeaaber next enauii^ the^dMe
theteof) and that it shall and nuay be lawful for the said inspector,, and be^ia beipeby
aUthoifist^ to deceive from every person requiring such license, the sum of five abiUiuags
fat receiving such applicaikion for a lieetise, and also the sum- of five shtUing^ afyl no inor^i
is his Xee for issuine the same.
v. And be it furtner enacted by the authority aforesaid, That all Baomes iM^lich ahaU
be received by the said inspector of each district, under and by virtue of tbif' act, eneept
what lie shall be eBtitled to ifeceive for his own benefit under the authority of Ibe Aaaae^
afaail be paid by the said inspeetor into the hands of the receiver general of thia provwcdi
on or before the thirty-first day of December in each and every year^ to and for Ihe uses
»fdf esaid, and that one moiety of all fines, forfeitures, and penalties, that shall be ioeiined
under this act, shall be immediately pAid into the haads of the reaeiver genei(a},*ibr the
use of his Majesty, his heirs and successors, towards the support of the civil government
of this province, and shall be accounted for to his Majesty, his heirs and successors,
through the lords commissioners of his Majesty's treasury for the time being, in such
manner and form as his Majesty, his heirs and successors, shall please to direct, and the
other moiety to the person who shall sue for the same.
£006: 16: 9| gmnted
ftirthe
hi meat
itssr-
Chaptei' Vlt*
An act for af>plying a certain mm of inoney therein mentioned^ to make good certots
monies issued ^md advanced by hie Mujesty^ through the lieutenmt governor^ ^ pur*
euance^f several addreaees qf this house.
(See 44tii Geo. Ill, c
Il,and58d,e7,which
repeal! 44di, e 11.)
Chapter VIII.
Ah act to amend an act passed in the forty-fourth year of his Majtslt^9 teign^ eHMlM,
" An aet for granting to his Majesty a certain sum of money ^ f&r the further eneau-
ragemefd of the growth and cuUivaHdn of hemp ioiihin this proaShce^ and tto «Q»or-
toHon thereof ^^
Digitized by
Google
] .G» ^ M^tlilK-^tteirw Ymb <m Gatmm Mh^Kli).
m
JbiooHo wepml wti^mt pa$sei i» the fart^fomtk year of kie Majmt^ "retgn^ MltMy
<' iin Me to npmd eertaim parts ef anact pasBed in the ihif^y-fourtk gear tf ki^ Wh»
juty^s m^, etUiikd, ^ An act to establish a superior court of ciiM and criinif»iA
junedSbtitm, and to regutaie the court of appeal^ and t^ SDUthorvse his MaJesty^s ceaWf
of Ung^ bendi inlkis prontnee to regulate certain fees^ costs^ and charges^ thtft9n
[RsrsALt 44th Oxo. Ill, Ch. 8.]
(«M4iyiaeiKi'ii,«m
(87th6co.UI,e7.)
Freambfo.
Ama^/mtnsar UhigAoUA^t hM^ofm act p4s§ed im ike ikirli^wenth yeaf df hik
Mafesty^s reign^iMiOed^ ^^ An att fat the fndre easyharHng of dower ^
[Pasted March 12, 1810.]
WmidBAS bgr all aet pMliM in the flMiiy-^sevelitfa year of hiB Migesty'ft Hsigii^ eatiCted,
*^Jte Mi /or ike 9M«erMsy Murihg of do^rar," it m enacted that no ifelease of :dower 'bjr
aajf doodt 4ae«itto4 m inanner thereia ttefttiened^ of anj hnd^ tenemenldi o^ h^redita^
mentsii ^ImH hAi^o tiqr fovce br effeM fo bar^lhe person so entitled to dower md eitecnlfiig
thft. aajn^xatieetMih ^rseneliaU ceAie befbiie his Mi^esty's chief justiee of tUft {irovmee^
or oaedf ih^jnaticeftof th^oourt Of king's h^di^'orsfaaU appear alsoine general qfnartlit
aeataioilatol tike peace fer the diMriot ikt which ahe shall #estde^ and ahd have Been enaj
mmed iqr llM^ said ehM jnitieeiy or ja^ticd, or bj the efaathdan d^ priabiding magiatotttO' of
smIi 4uort^'aeaaiai»^ toutihiiig her cona^nt' to be barredr of dOwer ; and whoi^aer xDmA'
iaatai^ttaMlned haaFakaseH to hi^ Majeafy's sufajeelB thereby; be ik th^arefore enaeted by ihv
Kin^a iteaf Meetteo* Migeaiy, by and with the advibd and consent of the legislatircl coumi
ani asaenM J of Ao proWnee of Upper Canada^ cohstknted and assembled by virtue Of andl
Qod^ the autkoaity^of an dct passed in the parlianiettt of Great Britain, entitled, ^^ Ad
ael to repealk eefftein pacta of an act {jasaed in the fourteenth ^ear of his Majesty's reign^
euttttoii ^ Aft ael fo« making more effectual providibn'for die goVOr^iai^it M tfa^- prOVinee'
of C^nebee^ i^ Norib Americas and to make furtjber provi»on for the governineht^ ofi tho
siUpaovilioak^' " and by the authority of the same, That from and after the pasltAg of
thia ai4t.il akaUtaod may be lawful for any pers<m entitled to dower^ to app^r before thi^
judge ai die district court, or the chairman of the qjaarter seasionaof the district in which
tko partjr>roaid09», ap|d being privately euminedby the said judge or cbdirmaii,:ieOcbfiig
her aooaept^'to be barred of dower, it shall and may be lilwful for the saJd judgb or ohair*' {jJjJ^J?lj5^J2?,JX*
lat^ to oertify th« same in lykf^ manner as the 9an)0: may ait present bo» OartHfaed^hy the --^ '-^- -
eUef jttftioe "or «my justice o£ the court of king's* beaeb; and the said eeitifidate thnllc
have the same force and effect, and be as valid in law as if the person had* beott exaasined. *
bjr the oli||af Justice, or justteo, or court of quarter seasiMa^ any \i^'ot milage to Ae
contiispgr in aisy wiae notwithstanding.
n# Aflid*^ it fuFthof^eoaotediby the iiutbority aforesaid, ThaA the jndge of the diafriet
court, or chairman aforesaid, or their clerk respectively, ^lall be entiflcd tO teeeive tte
sam <^( fyf^ aluUingp^ for aneh oertiSe^^y and no more»
Miore judge of 4^iP.!
triet court or Uie chauy
man of the qvarCer sea*
cea of Uie courtofkiiute^-
bench, or before uie
court of quarter aci*
aiona.
F«»t«44'i
tataity#flu«»c«rfUIcARMl -
(M OTth Oeet Iff, ^
7,ai '-•
cTfy"
Chapter X\.
An act for- the reli^ qf minors of the societies qf Menonists land Tunkers*
tPassed March 12, 1810.1,
WHKRSAfl the sons of Menonists and Tunkers, who aie-iniJipif^iy pwitotayail: tUamseh$eSoPrewnhki
of the indulgence intended to be granted tKem by the twenty-seventh clause of an act
passed in the forty-eighth year of his present Majesty, entitled, ^^ An act to explain,
amend, and reduce to one act of parliament, the several laws now in being for the raising
and training the militia of this province," by reason of not being able to obtain the cer-
ti^te recjuired by the above . mentioned act, until they shall have attained the age of
imetttfkftk years, 'alfecotdtn'g fo* the rules' and regulhtions of the said societies ; fef remedy
whereof, be it enacted by the King^s most excellent Majesty, by and with the advice
and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, " An act to repeal certain parts of an act passed
in the fourteenth year of -his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
finther proviaion for the government of the said province,' " and by the authority of the
(Sea 48th deo. Ill, cl,
a 27.)
Google
m
MdbytlMMMorBfe-
wmiftt aad Tunken,
VDdMT Ike age of twMir
«|rHNi« ^iMn, to «Btitle
Aam to the mdvlgeBea
cnuitod to them from
MTTins in tke miUtia,
Wtl«r48lliG«o. Ill,
•XsST.mpkuseoftke
MitiAeate reqvired I17
(4MlGM.ni»e«.)
C. 1», 13.— Fmnns Ysab op Omwb IfL— 1910.
same, That the sons of Menonists and Tunkers liable to s^re in the mflitia, under llie
age of twenty-one years, shall instead of the eertifieate required by the above mentioned
act, produce a certificate, stating his name, that his father is a Memmiat w Tanker, (aa
ihe case may be,) and that such minor is broudit up and educated in the prineipfes of the
Menonists or Tunkers, (as the case may be,) which certificate shall he signed by the
derk of the meeting of such society, or by any three or more of the peofde called
Menonists or Tunkers ; such minor shall then be entitled to all the behefits and indulgent
ees in the said clause mentioned, subject nevertheless to all other restnetioDa and
provisions of the said clause.
the dittriet oT ^k^ua
to IsMM Ua WBRaat,
Us of Um twuttf of
Itoi
tWnof , for the pnrpoM
•f eleetuig toiwa and
M.Seeai^Geo/III,
mt'St^lS^
itoherab-
ieet to aU the detiet,
1^. ^ eiijr (qllier perifh
anitoi '
The eeid iahehituta to
heeohjeet to the pro-
vitieM of ftatato Ah
G«e.III,cfi.
C8eeaadGee.lII,e2)
Chapter XII.
An ad to authorize the inhabitants of the county of HaUimand to hold annual meeHngi^
for the purpose of deetir^ town and parid^ officen,
[Patted Biareh 12, ISlOi]
WflSBSAS that part of the county of Haldimand comprised within the district of Nii^gara,
contains a large number of white inhabitants, and is not divided into townships, whereby
the said inhabitants are unable to elect parish and town officers ; for remedy idiereof, be
it titerefore enacted by the King^s most excellent Majesty, by and with the iiMoe and
consent of the legislative council and assembly of tiie province of Upper Canada, eon-
stituted and assembled by virtue of and under the authority of kn act passed in the par*
liament of Great Britain, entitled, " An act to repeal certain ports of an act passed in the
feorteenth year of' his Majesty's reign, entitied, ^An act !<»■ tnakmg more effiectind pro*
vision for the government of the province of Quebec, in North America, and to mske
further provision for the government of the said province,' " and by the authority of die
same. That it shall and may be lawful for any justice of the peace, acting within tiie saod
district, to issue his warrant, giving eight days' previous notice, to any constable or con-
stables within the said county, authorizing him or them, on the first Mondav in Aprfl in
this present year, and on the first Monday in March [a] in evety sncceecang year, to
assemble the white inhabitant householders of the said county, residing between Dundas
street and the Onondaga village, (commonly called Bearsfoot,) including said vfllage, in
one division ; and the inhabitants as aforesaid, residing between said village and the mouth
of the Grand river, within said county, in the other division, in some convenient place, tor
the purpose of electing town and parish officers.
II. And be it further enacted by the authority aforesaid. That it shall andmay be'MwM
for the said inhabitants, so assembled, to nominate and appoint proper persons to serve as
town and parish officers, and to do and perform the several duties directed and required
by law to be done by the inhabitants of the respective townships in this province, at their
town' meetings.
III. And be it further enacted by the authority aforesaid. That the several officers, so
aiqx)inted within the limits of the said divisions respectively, be subject to all the duties,
and be liable to all the penalties, that all or any parish and town officers are by Mw now
subject and liaUe to perform in this province.
lY. And be it further enacted by the authority aforesaid, That the said inhabitants of the
said divisions respectively, shall be, and they are hereby declared to be, subject to all the
provisions of an act passed in the forty-sixth year of his Majesty's reign, entitied, ^^ An
act to alter and amend an act passed in the thirty-third year of his present Majesty's reien,
entitled, * An act to provide for the nomination and appointment of parish and town offi-
cers ;' " and also to repeal certain parts of an act passed in the thirty-third year of his
present Majesty's reign, entitied, ^^ An act to authorize and direct the laying and collecting
the assessments and rates in each and every district in this province, and for the payment
of wages to the members of the house of assembly."
Chapter XIII*
(8ee4MhGee.iUie7.) ^ oct /or granting an additional sum of money for erecting a bridge across tJU Grand
rwer.
Digitized by
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TtdrASmaUfbn of tHe llfUi Prorlneial ParUameni.
MEt HfT rOfiK, ON The FI&ST DAT OF FEBRUART, AND PROROGUED ON THE THIRTEENTH DAl^
Ol* MARCH FOLLOWING, IN THE FIFTY-FIRST YEAR OF THE REIGN OF
GEORGE III.
FRANCIS OOREi ESQUIRE, LIEUTENANT GOVERNOR.
laiii
Caiapter I.
An act far granting to his Majesty a certain stmi of money j out of the funds applicable £3460 jgnnttd^ to be
to the twe of this province, to defray the expenses of amending and opening the pub- ■Ppw>p™*««i. *c.
He highoaya and roads j and buUding of bridges in the several districts thereqf.
[TSMTPORAttt.]
Cbapter H. *
An act to repeal an act passed in the forty-seventh year of his Majesty^ s reign, entitled, (47th Geo. iii, c ».)
" An act for granting to his Majesty, duties on licenses to hawkers, pedlars, and petty
chapmen, and other trading persons therein mentioned,'*^ and further, for granting to
his Majesty duties on licenses to hawkers, pedlars, and petty chapmen, and other tra-
ding persons therehh mentioned.
[Expired.]
CbLuptet III.
An actio extend personal arrest to the sum of forty shillings, and otherwise to regulate
the practice in cases of personal arrest.
[RspfiALSD BY 2d Geo. IT, Ch. 1.]
Chapter IV.
An ad for dpptying a certain sum cf money therein mentioned, to make good certain
monies issued and advanced by his Majesty, through the lieutenant governor, in pur-
suance of an address qf this house.
Chapter V.
An act to ofAend and continue for a limited time, an act passed in theforty-nifith year (49th dec. ui, e i.)
of his Migesty^s reign, entitled, ^^ An act fof continuing for a limited time the pro-
visional agreement entered into between this province and Lower Canada at Montreal,
on the fifth day of July, one thousand eight hundred and four, relative to duties,
also for continuing for a limited time the several acts cf the parliament of this pro- <see csth Oeo. iii, e
Office, now in force relating thereto.^* "-^
[EZPIBSD.j
Chapter VI.
An act to amend the process qf the district courts, and also further to regulate the pro*
ce&dings qf sherds in the sale cf goods and chattels taken by them in execution.
[Pawed March IS, 1811.1
[The £rat clause repealed bv 2d Geo. IV, e2, s 1.]
II. And be it iurtber enacted by the authority aforesaid, That when and so often as goods ^^"'^^^ ^ ^^
vd <4T^ttfftff are seiaed by the sherifif, his deputy officer or officers, under and by virtue Sen to'beldrra by'^UM ^T^
21 Digitized by VJJiJijQlC
168
O. 7. — FiFTT-FiKflrr Year of Gsoros III. — 181 !•
[Thom
•lieriir, &c. before they
be removed.
(See 43d Geo. Ill, el,
and 49th, c 4, • 5.)
Sheriff, &e. shall not
^orehaso any goodn
aold ia execution.
(See S4th Geo. Ill, c
S; Srth, ell, and 38th,
• 8.)
of execution, issued out of the court of king's bench, or district eouits, the said skeriffj
his deputj officer or officers, shall, on request, deliver to the person or persons to wfaom
the said goods and chattels did belong, his, her, or their agents, or servants, an inventory
of the said goods and chattels, before thej shall be removed from the premises on whieh
they were no seized as aforesaid.
III. And be it further enacted by the authority aforesaid, That from aad after the pus*
ing of this act, it shall not be lawful for any sheriff or his deputy, or any bailiff or eonstehle,
directly or indirectly, to purchase any goods or chattels exposed by him to side, under
and by virtue of any execution from the said court of king's bench, or district court in
ibis province, respectively. *
(48th Geo. Ill, e 1.)
t7th flection of the 48th
or Geo. Ill, in part
recited.
Preamble
If the lery by die treta
and sale shall exceed
the exemption money
of any Quaker, the
orerplns sl^all remain
■a rntare exemption
money, and shall be
paid 10 the treasurer of
the district, Ac.
Penalty for not so pay-
ing the said oreiplaa.
Obaiiter VII.
An act to amend an act passed in the forty-eighth year of his Miyesty^s reign^ entitled,
*^ An act to explain^ amendy and reduce to one act of parliament, the several laws now
in being for the raising and training the miliiia of this province^
[Passed Match U^iSUa
Whereas by the twenty-seventh section of an act passed in the forty-eightb year of
his Majesty's reign, entitled, ^^ An act to explain, amend, and reduce to one act of }jarbh
ment the several laws now in being, for the raising and training the militia of this
province," it is enacted that the people called Quakers, Menonists, and Tunkers, who,
from certain scruples of conscience, decline bearing arms, shall not be compelled to serve
in the militia, but every person }Mx>fessing that he is one of the people ciedled Quakers,
Menonists, or Tunkers, and producing a certificate of his being a Quaker, Menonist, or
Tunker, signed by the clerk of the meeting of such society, or by any three or more of
the people called Quakers, Menonists, or Tunkers, shall be excused and exempted frottl
serving in the said militia : Provided nevertheless, That every such person or persons
that shall or may be of the people called Quakers, Menonists, or Tunkers, from the age
of sixteen to sixty, shall, on or before the first day of December, in each and every year,
give in his name and place of residence to the treasurer of the district where he or they
shall reside, and pay to such treasurer, to and for the public uses of such distiict, in time of
peace, the sum of twenty shillings, and in time of invasion.or insurrection, or when any
part of the militia of that district shall be called out on actual service, the sum of five pounds,
and in default of such payment, it shall and maybe lawful, on information or complaint on
oath, made by the said treasurer before any justice of the peace of such district, tox tba
said justice to issue his warrant under his hand and seal, to levy the same by distress and
sale of the ofiender^s goods and chattels, returning so much of the said distress as shall ex-
ceed the sum of twenty shillings per annum, in time of peace, and five pounds per annum,
in time of actual invasion or insurrection, or when any part of the militia of that district shall
be called out on actual service, deducting therefrom the charges and all other incidental
expenses of such distress and sale : And whereas the people called Quakers cannot avail
themselves of the indulgence intended to be granted them, as by their said scruples of con-
science, they cannot pay any commutation or composition, to be exempt from bearing arms,
nor in case of distress and sale of their goods and chattels, in consequence of non-paymtat
of fines and forfeitures incurred under and by virtue of the said act, can they receive fte
surplus, (if any,) after such distress and sale; be it enacted by the King's most ex-
cellent Majesty, by and with the advice and consent of the legislative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^' An act to repeal
certain parts of an aet passed in tiie fourteenth year of his Majesty's reign, entitled,
^ An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same, That when and so often as the goods and
chattels of any Quaker taken by distress and sale, for or on account of any exemption
money, fine, forfeiture, or penalty, under or by virtue of the said act, shall exceed the
amount thereof, the overplus, after deducting the amount of such distress, together with
the costs and charges of sale, shall be paid by the constable or other person making such
distress and sale, to the treasurer of the district in which such Quaker shall reside, which
overplus shall be and remain, and be accounted for, as so much for future exemption
money, for the person whose goods and chattels have been so distrained as afor^»ald, Ind
if any constable or other person, making such distress and sale, as aforesaid, and rerasing
or neglecting, within one montb after such sale, to pay such overplus as hereinbefore
directed, shall forfeit and pay the sum of twenty-five pounds, over and above the said
overplus, upon confession or conviction by the oath of one credible witness, before a^y
two of his Majesty^s justices of the peace, for ^ district wfaef^n such distress "skkd tfate
Digitized by VnOOVJ IC
1
O. a, ft.-*-^rar-*iOT Teas or GmcmQ% 111.^1811.
MV
and in dtfcwit of ptynent, it shall and may be hkwful fm* sueh justices, by
IMrnnt mder tlieir hands and seals, to cause the same to be levied by distress and sale
ef tke^gCMiAs and cfaaltek of the offsoder, and if no such distress can be found, to commit
the offender by warranty as aforesaid, to the eommoD gaol of the district, until the same
shall be paid, or fi>r a space of time not exceeding six calendar months : Provided always.
Thai no sale of any eftds, so taken, shall be made until public notice is given thereof, at
kist ei^t days previous thereto, at the most puUic place in the town or township where
such effi^ts nay have been taken in execution, and of the time and place when such
«i(Bel»are to be exposed to sale.
II. And be it further enacted by the authority aforesaid. That so much of the said act
passed UBi the ferty«eigb(h year o^ his Majesty's reign, as^ relates to the returning to any
Quaker sueb som or sums of money levied by distress and sale, under and by virtue of
that act, as ^mJI exceed th^ exemption money required by the said act to be paid by him
for net serving in the said militia, with the co^ts and expenses incident to the making
iuieH distress and side, dmll be and the same is hereby repealed : Provided nevertheless,
T^at if the sum or sums of money, so levied by distress, shall exceed the said exemption
uoaey, hut shall not be equal to the exemption money to be paid by the said Quaker, for the
year Moeeediii§ that for which such distress and sale were made, that then, and in such
ease, the residue of the exemption money so to be paid for that succeeding year, if not paid
when dne, shall be levied by distress and sale of the goods and chattels of the offender.
HI. And be it farther enacted by the authority aforesaid. That it shall be the duty of
eirery eeastabte, or other person levying or taking any distress of the goods and chatteb
1^ BOf Quaker under and by virtue of this act, to take as near the value as may be suffi-
cient to satisfy the warrant for levyine such distress, with the costs and expenses incident
ta the sale thereof, and shall stop and discontinue the sale when a sufficiency is sold to
satii^ the amount of such warrant and costs as aforesaid, and shall return the residue of
the goods and chattels so taken and remaining unsold, if any, to the person from whom
ftev were taken, or in default thereof, shall forfeit an4 pay a sum double the amount of
such distress and sale, to be recovered as before mentioned.
IV. And be it further enacted by the authority aforesaid, That all fines, forfeitures, and
penalties, incurred under and by virtue of this act, shall be paid into the hands of the
treasurer of the district, in which they may be incurred, to and for the uses of such dis-
trict, and every such h'easurer, upon information thereof, is hereby authorized and
required to prosecute for and receive the same.
V. And be it further enacted by the authority aforesaid, That it shall be the duty of
all jnsttoes of the peace issuing or granting any summons or warrant, under and by virtue
ot tins act or of the said act of the forty-eighUi year of his Majesty's reign, and they are
hereby required to direct every such summons or warrant, as aforesaid, to the constable
living in Ae township where the person or persons so to be summoned, or against whose
goods and chattels such warrant shall be issued or granted, may reside ; or in case of no
eoastable living in such township, then and in that case, such summons or warrant shall
be dire^ed to the constable living nearest to the residence of the person or persons so to
be sunmoned, or s^inst whose goods and chattels such warrant shall be issued or granted,
and every constable shall, in computing his costs upon every such service, charge his
mileage fimn the place where he received such summons or warrant, and no.
.. ^i^
Chapter VIII.
Jin act to repeal an ctd pctssed in the forty-seventh year of his Mqfesty^a reign^ entitled^
^ An act to repeal the several acts now in force in this province^ relative to rates and
assessments^ and also to particularize the property real and personal^ which, dwring
the continuance thereof shall be subject to rates and assessments^ and fixing the several
valuations at which each and every particular <^ such property shall be rated and as-
sessed^^ and to make further provision for the same.
[RxPBALZD BT SlhrR Gso. Ill, Cb. 7.]
Mode ofreeoTWi^gthc
Mid penalty.
No lale wiUumt eigbt
dajri' previottf niitioe.
Repeal of such part of
the 48th Geo. Ill, ae
relates to the retaniag
of the orerpliu of Uie
exemption money to
Qnakera.
If the orerpliu of tlio
exemption money shall
not be eqnai to tKe ex-
emption money of the
•neceedinr year, the
residue to be paid shall
beleried by distress^
ftc.
Reguhitioiif hi takfny
distreti under this aet
Penalty for
fn^ the
Fines and fovfeitaraa
to whom paid, aadhoir
iqyplied and reeoTcnd.
Jnstieea to direet the
snmmons, &e. to a eon-
stable in the township,
or if none, to a constar
ble lirtng nearest the
person to be so ram-
fSeeSOthOeo. Ill, e
CThapter IX.
AnatAto repeal an ordinance of the province of Q^ebec, passed in the seventeenth year
of his Mtgesty^s reign^ entitled, " An ordinancefor ascertaining damages on protested
bills of exchange, and fixing the rate of interest in the province of Quebec; " also, to
ascertain damages on protested biils of exchange, andficing the rate of interest in this
province.
[PMsed March 18, ISll]
^ WsnenKAs an ordinance passed in the province of Quebec, in the seventeenth year of Pnamhle.
his Majesty's reign, entitled, ^* An ordinance for ascertaining damages on protested bills
Digitized by
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IflB
C. Qf—JFurx-rmn Ymmm or Gimtes III.-— 1811.
[I^aM
Ordinance passed in
thelTthofGeo. Ill, in
the province ofQaebec,
for Bftcertaiaing dama-
ges on protested bills
of exchaiige, and fixing
the rate of interest in
that proyince, repealed.
Pamages and interest
on protested bills of
^ exchange drawn in this
province, on^oropeor
the West Indies.
Damages and interest
on protested bills of
exchange, drawn' in
this province on North
America, the West In-
dies excepted.
Interest on protested
bills, orders, or man-
dates, drawn in this
.province, on persons
living therein, (|nd on
notes of hand, given in
this province.
Bxpeose of noting, pro-
testing, by whom to be
Interest for the loan of
any monies, &c. shall
not be taken above the
nte of six pounds per
centum for a y«9Jr.
All bonds, coittracts,
&c. whereupon a great-
er interest shall be re-
served, shall be void.
Penalties for receiving
a higher rate of interest
How recovered.
of exehaoge, and fixing the rate jof interest in the province of Quebec,'' ia in partaiapfli
cable to this province ; be it therefore enacted by the King's most esuellent Majesty, by
and with the advice and consent of the legislative council and assembly of the jprorinae
of Upper Canada* constituted and assembled by virtue of and under the authonty of an
act passed in the parliament o.f Great Britain, entitled, ''An act to repeal certain parts of
an act passed in die fourteenth year of his Majesty's reign, entitled, ' A» att tor making
more effectual provision for the government of the j»'ovince of Quebec, in North Ainedcfi,
and to make further provision for the government of the said province,' " and by ihe au-
thority of the same, That the said ordinance, as far as it relates to, or affects this provineei
be, and the same is hereby repealed.
II. And be it further enacted by the authority aforesaid, That (torn and after the passiiig
of this act, all bills of exchange drawn, or hereafter to be drawn, by any person at petsons
residing in this province, upon any person or persons in Europe or the West Indm, tfaiA
may return under protest for non-payment thereof, shall be subject to t^i per cent damages,
fmd six per cent, per annum interest upon the principal sum furnished here, from the^day
of ihe date of the protest to the time of payment, which said principal sum shall be reinir
bursed to the holder of the bill at the par of exchange, that is to say, at the rate of one
hundred and eleven pounds and one-ninth currency, lor one hundred pounds atariini^
. III. And be it further enacted by the authority aforesaid. That all and every bill or bills
of exchange drawn, or hereafter to be drawn, by any person or persons residing in tlus
province, or any person ov persons in North America, the West Indies excepted, and shall
be returned protested, shall be subject to four per cent, damages, and six per cent per
annum interest upon the principal sum furnished here, from the day of the date of the
protest to the time of payment.
IV. And be it further enacted by the authority aforesaid. That all bills, orders, or
mandates, drawn after the passing hereof, by any person or persons residing in this provinoe,
or any pevson or persons living m the same, and notes of hand, given in this province, if
protested for non-payment, shall be subject to six per cent, per annum, interest, from the
date of the protest to the time of payment.
v. And be it further enacted by the authority aforesaid. That in all the said causes of
protest, the expense of noting and protesting the bill, and the postages thereby incuired,
shall be allowed and paid to the holder, over and above the said interest and damages.
VI. And be it further enacted by the authority aforesaid, That it shall not be lawful
upon any contract, to take, directly or indirectly, for loan of any monies, wares, merchanr
dize. or other commodities whatsoever, above the value of six pounds for the advance or
forbearance of one hundred pounds for a year, and so after that rate, for a greater or less
sura or value, or for a longer or shorter time ; and the said rate of interest shall be allowed
and recovered in all oases where it is the agreement of the parties that interest shall be
paid; and all bonds, contracts, and assurances whatsoever, whereupon or whereby a
greater interest shall be reserved and taken, shall be utterly void, and every person who
shall, either directly or indirectly, take, accept, and receive, a higher rate of interest, shall
forfeit and lose, for every such offence, treble of the value of the monies, wares, merchan-
dize, and other things lent, or bargained for, to be recovered by action of debt in the court
of king's bench in this province, a moiety of such forfeiture shall be paid into the hands
of his Majesty's receiver general, for the use of his Majesty, his heirs and successors, towards
the support of the civil government of this province, and shall be accounted for to his
Majesty, his heirs and successors, through the lords commissioners of his Majesty's treasury
for the time being, in such manner and form as his Majesty, his heirs and successors, shall
be pleased tQ direct, and the other moiety to him or them that shall sue fm* the sarne^
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B^oorOi Samlon of the ntOk ProTineial Parliament.
MET AT TOBK, ON THE THIRD DAT OP FEBRUARY, AND PROROGUED ON THE SIXTH DAT
or HARCH FOLLOWING, IN THE FIFTY-SECOND TEAR OF THE REIGN OF
GEORGE III.
ISAAC BROCK, ESQUIRE, PRESIDENT.
Anmo J>omtni XSISU
Cliapter I.
An miiofreoetd de$erUanJram his Majeaty^s regular forces j by granting a howdy for
apprehending deserters in this province.
[SZPIRXD AT TBI CLOtX OT THX LAST EuitOPEAir WAIL]
Chapter II.
Anad for granting to his Majesty a certain sum of money out of the funds applicable
to the uses of this provincey to defray the expenses of amending and rq^iring the
pMie highways and roadSy and building bridges in the several districts thereof
[RsrxALXP BT 02d Oxo. Ill, Ch. 2, 2d Sebs.]
cabapter III.
An ad to extend the provisions of an act passed in theforty^ghth year of his Majestffs (4801 g«>. iu, e.i.)
reignj eniiiledj ^^An act to explain^ amend, and reduce to one act of parliameni, the
eeoeral laws now in being for the raising and training the militia of this province,^^
[ExPiRxo, 1818.]
Chapter IV.
An act to prevent damage to travellers on the highways in this province.
[P«McdMareh6,1812.]
WHsaxAfl evil disposed persons travelling the highways in this jn-ovince with sleds or
other earriages, frequently do injury to his Majesty's subjects whom they do meet on the
highways aforesaid, by not giving an equal half of the width of the road or beaten track,
or any part fliereof, for the eonveniency of passing each other ; for remedy thereof, and
to put an end to such evil practices, be it enacted oy the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
AH pcnoBfl tnfttliiac
€tt the ^Awvf. MM
BiMtbc skdi, «e. to
■laking more effectual provision for the government of the province of Quebec, in North
America, and to make further provision for the government of the said province,' " and
by Ae authority of the same, That from and after the passing of this act, it shall be the
doty of every person or persons travelling the highways with sleds or other carriages as ^.^^^ „,^ ^,. ^
albreaaid, wnen, and as often as they do meet each ottier, for each person or persons so tm wrt to tierii^
^tfc^^tfnUy to turn out to the right hand with* their sleds or other carriages, and sive one mu.
eqoal half of said road, hi^way, or beaten track, for the more easy passing each other,
wiftliout doing damage to either party's team, sled, or other carriage as aforesaid.
n. And be it further enacted hy the authority aforesaid, That if any persons travelling ^'^^^^
as aforesaid, with sleds or other carriages, do meet each other on the roads, and shall ^"^
refuse or n^^ecl to give the one to the other the one half of the width of the road, high-
way, or beaten track as aforesaid, the party so refusing shall forfeit and pay die sum of
ten fth^P^iy, with reasonable costs, to be recovered before any one of his Majesty's ^^^ ncorcnd.
Digitized by'
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ITO
[P<
Two or more bdlt to
to aAzod to thehw-
BOM of every ■loigh.
PsBalij for nei^eet
Bow fines to be ee^
eounted lor and dia-
potedof.
ComplaiBti under this
•otto be made within
tendajt.
Act in force ftr four
Teen.
ICoDtiii
C. 5, 6, 7, 8, 9.— Fimr-finoirD Ysjji of Gmbos HI. — ISIS.
justices of the peace within fbe distriet where such olbiioe mn he eoaunitted, on eoi^aeBioB
of the party so refusing or neglecting, aa aforesaid, or on the eonviclion thereof by the
oath of any one crediUe witness, which oath, the said justice of the peace is himbj
authorized to administer, to be levied by distress and sale of the offsoder or oienders' goods
and chattels, and for want of sufficient distress to satisfy such fine and costs, it shall be the
duty of such justice, before whom the cause magr be tried, to omomit ewh offender or
offenders to the common gaol of the district, for any time not expeedin|( ^hrect d^y%.unlBii
such fine and costs shall be sooner by him or them paid.
III. And be it further enacted by the authority aforesaid. That from and after the first
day of December next ensuing, every person or persons travelling with sleighs on any
road, highway, or beaten track, in this province, shall have affixed two or more hells to
the harness thereof, and any person neriecting so to do, shafl, on convictkia thereof, by
confession, or by the oath of one credible witness, before any of his Majesty's juatieea oi
the peace within the district where such offsnee may be committed, which oath, the said
justice is hereby authorized to administer, forfeit and pay the WF^ ^^ ten ^^'^^^j, to he
levied by distress and sale of the offender or offenders' goods and chattels
lY. [Repealed by 66th Geo. Ill, c 11, s 9*]
V. And be it further enacted by the authority aforesaid. That all complaints to )>e madd
under and by virtue of this act, shall be made within ten days after the offence has been
committed, and not afterwards.
VI. [Repealed by 66th Geo. Ill, c 11, s 2.]
ICoDtinaed: See 06di
Geo. III. e 11; Inrther
eontinoed bj 60th Geo.
Ill, c 1.)
Chapter V*
An act for applying a certain sum qf numey tlurein mentumsdj to make g/ooi ffHam
monies issued and advanced by his Mqjesty tkrai/tgh the UeutenasU gavpFn^^^fur-
suance of an address of the house rfassembly^
[TSMPOEAXT.]
Chaivter TI«
An act for granting to his Majedya sumof money for the use of the miHtifi of ihU
province.
[Tbm ponART.^iSSOOO to be applied in defirnTing the ozpente oT tnmiMr and eaewiMng the BuBtia k tneh auner •■ the
gOTeraor, &c. thall direct.]
Chapter VII.
An act to extend the provisions of an act passed in the forty-fourth year of his Majesty^s
(44th Geo 111 e a) ^^«^> enHtUd^ "i4n act for granting to his Majesty a certain sum ofmoniyfor the
' ' purposes therein mentioned.^^
[TBacTOBARY.^GoTenior toissuehit wemotto the receiTerMnendfor £175, tobeleidontinthepnTclutMorihe e«at«le»
of Greet Bntem and other booM. fo? the ose of the piOTJBeial iSgiiktiiie, in e^^^
Chapter Till.
(8eendGeo.iu,e7.) j^fi octfoT gracing to his Majesty a certain sum of money, forther to encourage the
growth and cultivation of hemp in this province, and for other purposes.
[Rbpsalkd.]
(SoviTea and eoatian-*
•ihf Mb Goo. Ill, e
ai. See 4th Geo. IV, c
7.)
Pftambio.
CThapter IX*
An act to amend an act passed in the fbrty-eighih year of his Majesty^s reign, WttlU^
" An act to continue an act passed in the forty-fifth year of his Majesty^k reign, enH-
tied, ' An act to afford relief to those persons who may he entitled to claim lanfls in this
province, as heirs or devisees of the nominees q/* the crown, in cases v}heire no pdeni
hath issued for such lands, and further to extend the benefits qf the said aqt;" ♦'^ emd to
continue pari of the same.
[Patted MttAh^lSia.!
Whersas an act passed in the forty-eighth year of his Majesty^s reign, entifle.di "An
act to continue an act passed in the forty-fifth year of his M^ty^s-re^n^ emtflcid, -* As
Digitized by VrjiJOV IC
Fkm Pasuluobit.]
C« 10, 11.— ^Fkmr-nocm]) Txae or Gsokob III.— 1812.
Ml to aSbrd rdief to those penonB who maj be entitled to claim lands in this province,
as heirs or devisees of the nominees of the crown, in cases where no patent hath issued
for sach lands, and further to extend the benefits of the said act,' '' will shortly expire ;
and it is expedient to amend the said act, and to continue part of the same ; be it therefore
enacted bj the King's most excellent Majesty, by and with the advice and consent
of the legisUMWeMMS anA «ssemUy of the province of Upper Canada, constitu-
tad m^A imr mhhi^ hj virtue of and under the authority of an act passed in the parliament
of Great Sritain^esitidec^ ^^ Ai^ act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ Aa act for making more effectual provision for
171
<46di dM. UI, e % 1^
48«h, e 10.)
requires <hat the oommissioners therein mentioned, shall hold their sittings at the town of
York, twiee in tihe year, shall be, and the same is, hereby repealed.
Vk, Aatd heifrfawieF enaoted ^r the authority aforesaid. That from and after the passing
of this act, the sittings of the said commissioners shall be holden, in this present year,
during the first ten davs next succeeding the present session of the legislature of this
vIOVinee, tod iJ*o durmg fifteen days, to commence on the first Monday of July next, and
ui each mi ^Very other year during the continuance of this act, the said sittings of the
commissioners shall be holden at the said town of York, once in the year, to wit, during
fifteen days, to commence on the first Monday of July : Provided always, nevertheless,
That when the said commissioners shall have eood reason to believe that there will not be
sufficient business to require their daily attenoance throughout the term limited for their
sittings, as last aforesaid, they may be at liberty to adjourn for any time within the same,
Aat iii^ b» tataaislettt ^ritli dhe despatch of su^ business as lAay be brought before them.
HI. And be it fitttlier enacted by the authority aforesaid. That the said act of the forty-
eighth year of hm M^ycsty's i^eigB) and every matter and thing therein contained, except
such part thereof as is hereby altered and amended, shall be, and is hereby continued,
IV. Amd be it further isnaeted by the authority aforesaid. That this act shall be, and it
19 iMielbirtletbaisd to be, in force for and during the space (tf four years, and no longer.
FkrCof4Sth Gm. III»
e 10, repeated.
Timet and place of fit-
ting of the "
Aetof 4SthGeo.III,e
10, (except mich part'
as if by thu aet repeal-
ed,) i • •
Contiavanee of thia act.
PreamUe.
Ckavter X.
An ad to amend an ad pa$9ed in tkejifiidk jfmr ^f Ms Majesty^a reigny entitled, ^^ An
ad to provide far iayit^ out, amending^ and keeping in repair, the public highways (fiothGeo.ui,c i.)
4md roade m lAw pravineej and to repeal the hnta now in force for that purposed
[Paised March 6, 1812.]
Whjbrkas by the eighth clause of aa aet passed in the fiftieth year of his Majesty's
reign, entitled, ^^ An act to provide for the laying out, amending, and keeping in repair,
the public highways and roads in this province, and to repeal the laws now in force for that
purpose}'' it }9 provided, that all surveyors of highways, when employed to act as such,
sha!u|bejt34<l ot^t of the district treasury; and also by the fourth clause of the above
reclteil 'a6t,lhe surveyors df land^ when directed by the justices in quarter sessions
assembled, and employed to survey any road or roads, are directed to be paid out of the
district treasury ; and whereas it is found from experience, that many roads are unneces-
sarily laid out ; for remedy thereof, be it enacted by the King's most excellent Majesty,
by said with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an act
passea in the parliament of Great Britahi, entitled, ^^ An act to repeal certain parts of an
act passed in the fctarteenth year of his Majesty's reign, entitled, ^ A^ act for making
molTB teS^al provision for the government of the province of Quebec, in North Ame-
rica, and to make further {»>ovision for the government of the said province,* " and by the
authority of the same, Tliat when any roads shall be hereafter laid out under the authority
of the above recited act, that shall not be confirmed by the justices in general quarter
sessions, then and in that case the expense or charge of any surveyor or surveyors, at the
rate and proportion as described in the above recited act, shall be paid by the party
applying lot such survey, any law to the contrary, notwithstanding*
When any road thafl
he laid oat and not con-
firmed by the jnitieea
in quarter teflsiona, the
party applying for the
survey shall pay the
charge and expense of
the sunreyon.
Chapter XI.
An ad further to continue an ad passed in the thirty4hird year of his Majesty^s reign,
entiOedy ^^ An ad to provide for the appointment of rduming officers of the several rseessth Gm. ui, e
counties within this wovince?^ '*')
counties within this province
(Two Snt ehoses of 3Sd Geo. Ill, e
fcoB tlMBaa to tiM Md oC tlM th«i Mit
(Two Snt ehoses of 3Sd CSeo. Ill, e 11^ to proTide for the appointment of returning oflicers, continued for four years, and
^ ^ ^.1. — ^ _*.^. ^.^ . 1 — gaiaio»ofthapfOTi»ciaIpaiiiaBMnt.I
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First SesBtotn of the dxtb ProTlMlal Piwriil«mmt>
2CET AT rORK, OK TRB TWENTY-SETENTH DAT OF JULY, AKD PROROGXTEi) Oil TBS VtRK
DAT OF AUGUST F0LL0WII76| IN THE FIFTT-SEC05D TEAR OF TBB RfilGK
OF GEORGE III.
ISAAC BROCK, ESQUIRE, PRESIDENT.
181SI».
Chapter I.
^n act to rq^eal part ofthelawifhow in/orce for raising and traitimg ike mUUia of tku pw^^
and to make further promsionfor the raising and training of the said mlUia.
[ EXPUtKD.]
Chapter II.
Jnactto reped an a& passed in the fifty-second year of his Majeshf^s rtign, enMSedy ^«Ai act
for granting to his Majesty a certain stm of money out of thefisnds aptdieaiie io ikt uses ^
this province, to defray the expenses of amending and repairu^ thepuMchii^iwaysandroads^
and building bribes in the several districts thereof*^
[RxFEALs 62d O^. Ill, Ch. 2, riRBT tBssioir. — CommituoDen under 59d Geo. IIIytopAjrto the ffvMifitrjMMnl
the monie* in their hands unexpended, together with m •tntement on onth of tooh' moniei m thej hmre laid tvt; MMeoin-
miatloners may retain all such monies as they haye obliged themaelyes to pay for labor pcrfoimod on the highway i» ty tor
labor already begun, but not completed.]
Chapter III.
•Ai act to provide for the defence of this province.
[EXPXRBD.]
Chapter IV*
^ act to repeal an act passed in the forty -fourth year of his Majesiy^s reign^ ehiUUd^ ^^Anad
appropriating a certain sum of money annually^ to defray the esj^enses ^ erecting fuMic bmU^
wkgs to and for the uses of this provinceJ^^
[RspsALs 44tb Gbo. Ill, Cb. 9.]
Chapter V*
•An act for granting a certain sum of money, to make good certain sums of money issueJi ami
advanced by his Majesty through his honor the president^ in pursuance itf an addrees qf Ae
house (f assembly.
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8M0<id SMsion of the sixth Provlneial Parliament.
MET AT 70RK, ON THE TWENTY-FIFTH DAY OF FEBRUARY, AND PROROGUED ON THE THlA-
TEENTII DAY OF MARCH FOLLOWING, IN THE FIFTY-THIRD YEAR OF
The RfiIGN OF GEORGE IIL
BOGER HALE SHBAFFE, ESQUIRE, PRESlDl&Nl^;
▲aao Domini 1813*
Chapter I.
An actio faeUUaie the eiraddtion within this province of army biUsj issued by aiUhority of ^ (See 54fh Geo. ill, h
nrooince of Louer Canadd. *^ "^ **** « *^>
province of Lower Canada.
[tSxPIRCD.]
Chapter II.
•2rt act to repeal and amend certain parts of the militia latOy and also for the transporti$ig naval and
military stores.
[EXPIRXD.]
Chapter III.
An actio anUksrize the governor^ Ueutenant governor^ or person administering the government of (Si
this promnce^ to prMnt the exportation of grain and other provisions, and also to restrain the ^)
See 64th Geo tl|^ c
distillation (f spirituous liquors from grain.
[EXPIXKD.]
Chapter IV.
An act to provide for the maintenance of persons disabkdy and the widows and children of sudi
persons as may be killedy in his Majesty'* s servict*
[PtMod March 18, 1813. j
Men oBACioys Sovxrbiok :
Whereas it is deemed expedient to provide means for the support of such oflBcers, non-
commissioned officers, and private militia-men, as may be disabled in his Majesty's service.
and to provide for the support of the widows and children of such officers, non^commissioheq
officers, and private militia-men, as may be killed on such service; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by virtue
ot and under the authority of an act passed in the parliament of Great Britain, entitled^
" An act to repeal certain parts of ah act passed in the fourteenth year of his Majesty's
reign, entifled, ^ An act for making more effectual provision for the govei^itient * of the
province of Quebec, in North America, and to make further provision for tb^' government
of the said province,* " and by the authority of the same, That if any officer, non-
commissioned officer, or private militia-man, shall in any engagement with an cinemy, or
by any accident or casualty which may occur while performing any duty on actual service,
be killed, and leave a widow, child, or children, lawfully begotten, his widow shall be
entitled to receive, during her widowhood, and in case of the death or marriage of such
widow, then the eldest child or guardian, for the use of such child or children of such
officer, non-commissioned officer, or private militia-man, until the youngest thereof shall
have attaihed die ag^ of sixteen years, an annuity of twenty pounds, lawful money of this
province.
n. [Rei^ealed by 66th Geo. Ill, c 17, s 1.]
22
Preatnbte'.
paid
the Widows and chil-
dren of officers, non-
commiflsioaed officen«
■ad militift-men^ killed
in actnal serrice.
Pension to offieen^ noa-
commis«i<nied offieert.
or militiarmen disabled
on senriee, and having
Wife or. child ; and in
case of death, before
i^ecoreiing ma. vndtk
Digitized byVniJO
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174
C. 6, 6, 7, 8, 9.— FiFTT-THiBD Ybab of GcoRoa III.— 1818.
^JS^, ^e^aS^ ni. [Regaled by 65th Geo. Ill, c 6, s 1.]
IV . And be it further enacted bj the authority aforesaid, That the thirty-eighth <
of an act passed in the fifty-second year of his Majesty's reign, entitled, ^^ An act to repeal
part of the laws now in force for raising and training the militia of this provinee^ Jnd to
make further provision for the ndstng and training die said IIttiitil^'' shtll be Repealed, and
the same ift hereby repealed Accordinpy : Provicjed always, Tbdt nothing herein owl^oed
shall prevent, or he construed to prevent, the perspns who have bee9 ivounded or dfaabled
before the passing of thi^ act, or {he widow or chUd or i;hildren of such* person or penons
as have been killed on actual service, fi*om receiving the annuity heretofore by law aliowerf
to them.
v. And be it further enacted by the authority aforesaid, iRiat the said several MMimtiog
herein granted, shall be paid by the receiver general of this province, out of any monies
that now are or which may hereafter coYne into his hands, subject to the dispoeitioii <tftlie
parliament of this province, and in discharge of such warrant or wanants as may he iociied
by the governor, lieutenant governor, or person administering the government of Am
province, and it shall and may be lawful for die governor, lieutenant governor, or perscm
administering the government, to order and direct that the «aid anoaities hoieift gnuited
and allowed, shall be paid either in advimce cf by quarterly or half yearly payments, as
to him shall seem proper ; and the said several sums of money when so jMod, shall be
accounted for to his Majesty, his heirs or successors, through the lords eommisBionen of
his Majesty's treasury, in such maBfifir and iocm as his Majesty, his hern and suooessors,
may please to direct.
not luiTiiig m wife or
eMM.
3801 MCtionofSad Geo.
Ill, e 1, repealed.
NotiiiBg herain topn-
rent jpujmtat of pon-
•iou heretofore al-
lowed.
How anftttitiei to be
Mt3>eptidfcnSfwioe,
It
'See fiTth Geo. IU,e
Chapter V.
An act to prohibit the sale of spirittuma liquors to Indians wUkin this province*
[Expired.]
(02d Geo. Ill, e 8, M-
Ckapter VI.
An act to conHnue an a^ passed in the fifty-second year t^his Mmesty^ tetgn^ enHfhdy
^ An act to provide means fdt the drfence of this provtiioe, and U^ nu$ke ffi^ehet pro--
vision/or the same.^^
ffizpniBD.]
8ee(BdiG«». Ill, e
fi)
CImpter VII,
An act to repeal an act passed in the forty-fourth year of his Majesty^s reign, eniOledy
^ An act far granting to his Majesty a certain sum of money for the further encon-
ragement of the growth and cultivation of hemp within this province^ andthef^aspwfetHsn
thereof ^^ as also an act passed in the fifly-seoond yemr of his Mafes^^s reign, emtiked,
^^'An act for granting to his Majesty a certain sum ^mefneyfUfrtkeirto enemmnge tks
growthemd oidtivationefhemp in this province^ and for offier p%arpoees^*^
{ftsrsAi.8 44tb Gbo. Ill, Ob. II, ahb 88d Gtfe. IH, Ch. S, riaer Ssetioir.}
qiiapter VIII.
An act to continue far a UmUed time the provisional agreement entered inti^witk Lamer
Canada^ at Montreal, on the Jtfth day of July, one thousand eight hundred and fom,
relative to duties ; also, continuing for a limited HmSf the several Ofcte ^' tts pdrUm-
ment of this province no^ in force rckAing thereto.
[BvraBDj
C4MiG^.Ii;|,e}4.>
Chapter IX.
Aaaetto alter and amend an act passed in the forty-eighth year of his Majesty^a retgrn,
entitled, ** An act for the better regulation of parish and town officers throughout-Me
' province.
(l»a»ieSMMekU^]SISj»
WiusHJEAs so much of an act passed in the fort^-eighth year of his Majesty's rein,
entitled, *^ An act for the better regulation of parish and town oflicers throughout ms
Digitized by VrjiJiJ^ IC
tk lQ.r-^emnMMiK]> Ymi cur fibRnwar HL^1813.
VW
m ecdlbctein and town el^rlcsy h fimid iumficiehti te it Ihei^
'^ ndftt eORriknl Ma^tvy bnpr and with the §d^ie& ind e6tt8($fit
■M ■iiiHinUji' of the jmrdbm of^Uppef Gsu)^ «iMistitiiled tlid?
I lif rirtfe of oal wUkar the outharitjr o£ au ^m pa^d ih Hi^ psuii«ffiMt of Qt^ai
ftHoiHi dfctHHJ, ^ Aff aoi ti^ r6{»nd ctetaoi. carts 0I maet ftmed m tbo fowteontkyeflr
of his Miyesljr's reign, entitled, ^ An act for making more e&otsil profiEiioyk Jblr tho'
flhw«nve«tof Aopp!mriictr«r QoobeVj ds Noyt& Anoericaf, ittid: to make kirihtt mxivisl^n
foo fhK g^Nm^iefil of the aaid provfan^^' " ami b^ tke authority of the sname^ That tfio^
^ oadz and e^eqr parish tarpfiiflldi^ fefuted tawnaUpv or ]^^
aiMiiy ooee in evfeif thvoe mon^ and oftener^ if iberetd it^quired by tbo
lingtea^ ^iter wwiom isaembledy td jxiy 01^ eiiose to bo jMlid to tbe* trea-
latMmiX&rm^aML^^ reocif cM mdbv ami b^ ^iHcio of Mf
aet of this proyinee, smd it ahaU and may be lawful for the said treasurer iS(P give ft^ receipt
for die monies so collected and paid over to him, whick receipt shall be a good and sufficient
di9cfaai|[e to the aaid collector for the monies so collected and paid by him to the said
treasurer.
IL And be it further enacted by the authority aforesaid. That the condition of the bond
to Be ejifeierf into by the collector of each and evety townsiip within this Movince,
ag^'eeabfe to t&e siecond clause of an act passed in the U>rty-eightn ycat of his Majesty ^s
veigio, entitled, " An act for the better regulation of pin ish and town o&cers throughout
this province,'' shall be in the following form :
^^The eonditlon of this obligation is such, that if the above bounden A. B. shall collect
and levy all the rates and assessments of the township or townships of
for the pitsent year, ending on the first Monday of March next, so far as the law may
enable him so to do, and shall pay all the monies which he shall so collect and levy, to
the treasurer of the said district, once in every three months, or oftener, if thereto re-
quired by the magistrates in general quarter sessions assembled^ and if the said A. B. do
well and truly collect and pay, by the different payments to be made, as aforesaid, the
whole amount of all monies received by him on or before the first day of March [a] next
ensuing Yds appointment as collector, then this obligation to be void, or else in full force."
HI. And be it further enacted by the authority aforesaid. That if any town clerk shall
ne^eet or refuse to provide such bond and transmit the same, if executed, to the treasurer
ot ttie dntrict, as by law is directed, he shall, for every such neglect or refusal, upon
eonvietioB thereof before two or more of his Majesty's justices of the peace for the dis-
triet, on the oath of one or more credible witness or witnesses, pay a sum not less than
live pounds, nor more than twenty-five pounds, to be levied by distress and sale of the
offender's goods and chattels, under and by virtue of a warrant issued by such justices,
and when such fines shall be recovered and received, a moiety thereof shall be paid to
the infonaer or informers, and the other moiety paid into the hands of the receiver general,
to and for the uses of his Majesty, his heirs and successors^ for the public use of this
provinee, and towards the support of the government thereof, to be accounted for to his
Ifafesty, through the commissioners of his treasury for the time being, in such manner
and fann as it shall please his Majesty to direct.
IV. And be it furUier enacted by the authority aforesaid. That nothing in this act con-
tained shall extend or be construed to extend to the county of Prescott in the Eastern
district of thift province. .
cmcM &
onee in threi* ,
or oflmcr if raqairod,
all moBiet i«e«iTed.
Treasurer to^C?^ *
receipt for tiie uubm.
Form of bond to be en*
tered into by colleetOQ|.
[olSeeSTA Geo. III»
c7, tS
Penaltjr for town eleika
neriecting to proride
and tiansmit tae said
bond.
How to be recorered
and applied.
Cunnty of Preaeott ex-
cepted from thit act.
(See 83d Geo. Ill, e&)
Chapter X.
Jbi ad lo amend an aci passed in the forijf^nth year of his Majesty^ s reign^ entitled,
^ An aeijor quartering and billeting , on certain occasionsj his Majesty^ s troops and
Ae mUiHa ef this provtncs, and to repeal a part of the same.^^
[Pa«sedMarchl8, 1813.]
WjnauBAs by the first clause of an act passed in the forty-ninth year of his Majesty's
reign, entitled, ^^An act for quartering and billeting, on certain occasions, his Majesty's /49th Geo iii eS.)
tnxips and the militia of this province," among other things it is therein enacted, that one ' ^
of his Majesty's justices of the peace may issue his warrant to impress such horses, car-
riages, and oxen, as the service may require, for the use of which the owner or owners
thereof shall be entitled to receive the sum of seven shillings and six pence per day, for
every cart or carriage with two horses or oxen, during such time as they shall be employed
in sneh service, and when and so often as the owner of such team shall send a driver, he
shall be allowed a further sum of two shillings and six p^nce per day ; and whereas so
nnieh o( the above recited act as relates to the payment of the owners of horses, carria-
ges»anA osen^is found inapplicable, to the purposes 'thereby intended; be it enacted
by the King's most excellent Majesty, by and with the advice and consent of the ^stbOeo. m, 0,2, is
legislative council and assembly of the province of Upper Canada, constituted and assembled p^ Kp««led.
Digitized by
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176
C. 11. — FiFR^BiRD Ykar ov QwomBM HI. — 1813.
[8acQH»
by virtue of and under the authority of an act passed in the pariiament of Great ftatajn,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his lia-
jesty's reign, entitled, ^ An act for making more efiTectual provision for the ^Temment
of ^e province of Quebec, in North America, -and to make further provision for the
government of the said province,'" and by the authority of the same, That the same
be and is hereby repealed.
Owiierfl of imprened II. And be it further enacted by the authority aforesaid, That the owner orowBersof
gj'jjp^ •^SfoTSoh ^^^^ carriages, horses, or oxen, as shall be impressed for the use of his Majesty's service,
earruge, tnd a fitrther shall be entitled to rcccivc the sum of twelve shillings and six pence per day, for eveij
fiw* drirer^ ^^ ^*^ ^^^^ ^^ carriage with two horses or oxen, during such tune as he or they shall be employed
in going and returning, or sHall be detained in such service, and when and so often as the
owner of such team shall send a driver, he shall be allowed a fiirttier sum of two shfllin^
^nd six pence per day.
Cbapter XI.
An act for granting a certain sum of money to make good certain sums of moneyiisued
and advanced by his Majesty through his honor the president^ in pursuance of <m
• Odiref^ of the house of assembly .
Digiti
zed by Google
Third session of the sixth Provinelal Parliament.
MET AT YORK, ON THE FIFTEENTH DAY OF FEBRUARY, AND PROROGUED ON THE FOURTEENTH
DAY OF MARCH FOLLOWING, IN THE FIFTY-FOURTH YEAR OF THE REIGN OP
GEORGE III.
GORDON DRUMMOND, ESQUIRE, PRESIDENT.
Aaao I>oiainl lSl4a
Chapter I.
An ad to repeal fori of fke Iowa now in farce for raising and training the miUiia of
tkio procincey and to make further and more effectual promoion for the 9ame.
[ EZPXRBD.]
Chapter II.
Jn act to provide for the issuing and circulating of government biUs in this province.
[EZPIRXD.]
Chapter III.
An act for granting to his Majesty a certain sum of money out of the funds applicdbte j^g^^ gnmuA to be
to the uses' of this promncsj to defray the eacpenses of amending and repairing the appropi&«d, fte.
ptiHie lUgkuNij^ and roads j and huBding bridges in the several districts thereof
[Tkmvorabt.]
Chapter IV.
An act to repeat and amend part of an act passed in the thirty-fiflh year of his Majeshps (ssth Geo. iii, €2.)
teigny eniiOedj ^^ An actio ascertain the digHrility of persons to be returned to the
house of assembty*^^
[RspBAUBD BT SSth Obo. Ill, Of. 9.]
Chapter V.
An act to repealpart of an act, and to amend and continue an act passed in thefifty-
first year of his Majesty'sreignjentittedy'' An act torq^ealanact passed in the fo^ (wttueo. iii,ea)
seventh year of his Majedy'^s reign, entitled^ ^ An act for granting to his Majesty
duties an licenses to htnokerSy pedlarSy and petty chapmenj and other trading persons .
therein mentionedj^ and Jkrther for granting to his Majesty duties on licenseslto
hawkerSj pedlarSj and petty chapmen^ and other trading persons therein mentioned.^^
[BOtBSD.]
Chapter VI.
Anattto empower his Majesty y for a limited time^ to secure and detain such persons as,
his Majesty shdtl suspect of a treasonable adherence to the enemy.
[EZPIKBD.I
Chapter VII.
An act laying an additional duty on stills within this province.
[Etpirsd.]
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178
C. 8, 9, 10. — Pimr-FoinrrH Yba^ or Gbobos IIL — 1814.
Cliapter VIII.
(SSdGM. Ill, e a) An act to continue and amend an act passed in the Jifty4hM year of M» JA{faily^«
reign^ entitled^ "iln act to atMthorize the governor ^ Ueuienant governor y or pereon
administering the government of this province^ to prohibit the exportation of grain
and other promnimSy amd aiso tote^raiutho di§imaHon ef ^^irttmom Hfaars from
gratn.^
(EX»IAEB i/UtLCV 14^ IdlKX
(Amended bj ad Geo.
iT.ei.)
PlreHDMe.
Penou wlu> kaTing
come ihmi the United
fltetet of Ameriea, and
neeiTed gmnta of
bad in thie prorince.
ret to be J
|eete,end bering taken
tlM oatb of eUMienee,
nAo after lat JaJ^,1812,
■beU bave TolmitarilT
left tbia prorinee and
cone into the United
Slates of Ameriea,with-
ecit Ueenie, or may
keraafter go thJUher dn-^
ling the present wa^
with America, without
aaeh lieense, aball be
4eemed aliena, and in-
eapahle of bobling
Oeremor, A:e. may an-
tborime,by eommlmioii
vnder the aealof the
proriae^ any aheaUi^:
coroner, or other per-
aon in tne iOTeral dii*
Meta of thii proYinoe>
to innnire of aaeh per-
Bona DT a mry. and alao
what lanaa tiiey were
aeiaed of , and after ineb
inqiniaition, inch landa
aball rarert to hii Sla-
jeaty.
Pen^M, ii^kerested i|b
Ue aafdhliSife maytn^
Terae aneb inqniaition
within one year after
pence with America,
or after finding of the
Tbia act not toaifect
the ckim of bona fide
creditora, or defeat any
jut lien, or claim on
anch landa.
(See 0Bth Geo. Ill, e
fSee9thG«>. lY^cl.
No commisaion to laaoe
•lAer let Jvly. 1828.)
Chapter IX.
An act to declare certain persons therein described^, alienSj and to vest (heir elates in his
Majesty.
pPiaaedBfanhl4^ ISltl
Whsrkas many persons, inhabitants of the United States of America, claiming to be
subjects of his Majestj, and renewing their aHegiaace as such bj oath, did solicit and
r«eeiiP#? graftltt •£ laada from hi» Majeaty^ or beeame seind ci hmi» by* hJiaiitihlw mt
othenviaev wtthua thur pvcmftcev frioMch penoiMi^ anvde (he dftriaaatiMi ol iMrb^ Ift* said
United States of America, against his Majesty mA his subjects of the United Kingdom of
Great Britain and Ireland, have voluntarily withdrawn themselves from their said aUegianee,
and the defence of tiie said province ; be it enacted by the King's most excellent iMJesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by viriiie of and under the aathority of an
act goMed i» the. pariiwsiMt of Great Britain, entided^. < * Aa aefc to>Mped aiitaiii nvkmoi m^
act passed in the fourteenth year of his Kfafesty's reign, entitled, * An act for maldngmore
effectual jHX>vision for the government of the province of Quebec, in North America, and to
midce further provision for the government of the said province,' " and by the authority of
ti^ same. That all such persons as aforesaid, who, havine received grants of land, 4ir may
have become seized of lands, within tUsi pBomnaSy by inheritance or otherwise, as abaU
h«m mluBtafiljf mflidDaw» themselves from this pvoviaee^iato the United States fJMaiipfif
ca,, nnee the fiast day ef ivfyy one theusand eight huodsed aad twelvei|i ei w^m megf
hereaiter durinr the jneaeAt wac^ vohmtarily witivdraw themseivesrfrem, tliia umhuHi i
tiie said United States, without license, gcanted under the authority of the gover&or^
lieutenant governor, or person administering the government of this province, sliaU be
taken and considered to be aliens bonr, and mcapabte of holding lands within this province.
II. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for the governor, lieutenant governor, or penoH administering the goveminent, by
iBommisBien under the great seal o£ this pEovinoe,^ ta autboiisBe ai^ Aer ig^ yfff^eqr» W
other penen os pevsons ifirthe sevecal districts of thia povbeeyvte inquMliy the oatti
of twelve good and lawful men of their respective districts, and by jayHsiliiefr iiiHliWil<td>
under the hands and seals ot the sBsi. jurorsiyi and of thS' said commissioner or com«
missioners, to return to his Majesty's court of king's bench all such persons as afore-
said, who, seized of lands in the respective districts, shall have voluntarily withdrawn
from the province into the United States of America since the said first day of Jidy, and
before the conclusion of the existing war with those states, without license granted under
the antlHM-ity of the< govenioi^ UeutenaDt^gowsBBar, o» peiwai ednsiniBter&ig Afe ^oi«Mw
meat, ami from^ aad after the said findngE by snd^ BRBquisitioii^ h» Majesl^r siiaift SeeiMe
s^tod of the.land»aeifoaad to^ have been&m tfae^ seism o£ sedi peiwe en llfe»]seM fm
di^t efi July : FrovidMb alwayrSs That neifting' w this ad cooteloeo^ AM^ bee»«rtieiji> In
pxeveet vuy persoDSimteiesteif ittftesasdllmdeifrom tratKeisaiiig any ie^uMdea eiroAba
re^pedteg the sane, ataegr time wtddn one year alter tbe peeee ihnltbe e8«d>lMNld be-
tween his Majesty and the United States of Ammca, or within one year after the finding
of such inquisition.
III. Provided always, That nothing in tEis act shall extend or be construed to extend
to affect the claim of any bona fide creditor, or to defeat any jfust lien or security of ot
upon any lands, tenements, or hereditaments whatsoever.
^.■■■■■jwii^iK- ■my
An act to grant to his Majesty an additional duty on shop and tavern licenses-
[BxpiMD^TlM act of SSdi G«o. Ill, elO, hjit^tfiiit wm 9imtiMtd, fa«Tiii( been npMkd hjmCk^tt, si.]
Digitized by
Google
a m^ idi^ tt) 14.~#»TV-Mira!m ¥«m or GteossK ill.--1814.
tvo
Chapter XI.
An Mtfttr Ae mare in^NirffaJ and effectual trial and punishment of high treason and
imvtmlfim€ifhit^tr4memy0ndiret»
GbAptor XTI.
Jm ad jbt Offing a etrtain rnrni ofmoneg to make good cerfainmoniee issued and oA-
mmndhykm Mi^edy^ thrm^gh his honor sir Roger Hale Sheqffe^ bearond^ president^
mpurMfmoc ^am address ^the house cfassenMy.
Chapter XIII.
An act to supplji in certain cases the want qfcourdy courts in this province^
(^?iBAi«p wt 56rrH Qkq III, Cb. Z% 8sc. h}
Clmpter XIV.
M0itt l» fHfsti so Hivcft of^n Mf passed in the seoenH^ pear ^tks reign qf Queen
4!mSymsd^9k»sa numik 4ffan aet passed tn thsi smfetUeenA year of the re^ of Us
late ify^Mijf Kmg Oeargethe Second^ as puts an end to theforfeiture ef inkeritanos
^ifon attainder of treason after the deeih ^the Pretends and Ms sons.
{Pk«MdBfM«liI4»18U.]
WmSMMMM an oat mas pasaed in ike aeventh year of die reign of her late Mejost j Queen
i&fine; eniflled^ ^* An aet for improving Ae union of the two kingdome ;*f wlierebj amongst
mlBr tfaingftit wae provided and enacted, that after the decease of the person who pre-
tended to be Prince of Walesi during the life of the late King lames, and sinoe pretends
tn^ be Sing e( Chreat Britain ; and at the end of the term of Ihree years after the immedkite
awH^eanon to the crown, upon the demise of her said late Mj^sty, shevdd take eSeot, no
ettaittdsr for lieaBon shoald extend to the disheriting of any heirs, nor to the prmidiee of
the B^ibliiriitle of any person or persons^ other than Ae right or title of tiie omnder or
eStndam^ dsmg his, her, or their naiaral lives only ; and that it shonld and ndght be
Imfol Air every person or perseas^ to whom the right or interest of any lande, tenements,
at heiedkaaaeiils, after the death of any sueh offender should or might have appertained,
if no flueli aHaindter had been, to enter the same ; and whereas by another act passed in
tike sevealeendi year of the reign of his late Majesty King George the Seeond, entitled,
^^ An act In make it hi^ treason to hold correspondence with the sons of the Pretender
to his Mi|eaty's eiewn, and ibr attainting then of high treason, in case they should land
or attempt to land in Great Britain, or any of the dominions thereunto belonging, and for
suspending the operation and effect of a clause in the act of the seventh year of the late
Queen Anne, for improving the union of the two kingdoms, relating to forfeitures for high
treason, until after the decease of the sons of the Pretender ;'' after reciting so much of
the aforesaid act as is hereinbefore recited, it was further enacted, that the said provision
so made by the aforesaid act should not take place, nor have any operation, force, or effect
whatsoever, until after the deceases, not only of the said Pretender, but dso of bis eldest
son, and all and every other son and sons ; and whereas it is expedient that the said pro-
Visions in the two several acts contained and hereinbefore recited, should be repealed ;
be it therefore enacted by the King^s most excellent Majesty, by and with the advice
and consent of the legislative counci) and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
pariiament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
Airther provision for the government of the said province,' " and by the authority of the
same. That the said provisions in the said two several acts contained, and hereinbefore
recited, shall be, and the same are, hereby repealed.
Preamble.
7tk Ajum, e 21, in pwt
reeitcd.
17th Geo. II, e 29« re-
cited.
C/eiuHii pTtyyMiPoiic «B
Ae eeid act contaiiied
repealed by this act.
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MO
€. 15, 16, 17.— FiFTT'VouttTR YsAii car (SvoBflito ID.— 4814.
(UnMn'fi:
Praunble.
ICukat to be erected
bkihbiownoiYotk.
Orden ndngnlatioiif.
FnMiforoff«BCei.
Pabliestion of raiea, or-
den, and icgolations.
Mode of Uifjing and
applicetioii of fines.
Chapter XV.
An act to empower the commissioners oj the peace for the Home district ^ in their court
of general quarter sessions assembled^ to establish and regulate a market in and for
the toton of York, in the said district.
[Fused Blerdi 14» 1814]
Whxreas it is expedient for the convenience of the inhabitants of the Home di8txict|
that a market should be established at York, in the said district, and that the times ana
places for holding such market should be ascertained ; be it enacted bj tbe King's moBt
excellent Majesty, by and with the advice and consent of the legislative eoUneii and
assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, ^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for m^iking more effectual provision for the govecnment of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That from and after the passing of
this act, it shall and may be lawful for the commissioners of the peace in the Home
district, in their court of general quarter sessions assembled, and th«y are hereby autho*
rized and empowered to nsL upon and establish some eonvenient place in the town of York
as a market, where butcher's meat, butter, eggs, poultry, fish, and vegetables, shall be
exposed to sale, and to appoint such days and hours for that purpose, and to make such
other orders and regulations relative thereto, as they shall deem expedient.
II. And be it ifurther enacted by the authority aforesaid. That the said commissioners
shall be, and they are hereby authorized and empowered to impose such fines not exceed-
ing twenty shillings for any offence committed against such ndes and regulations, as to
them, in their discretion, shall seem requisite and proper.
III. And be it further enacted by the authority aforesaid. That all such orders, rules,
and regulations, shall be published, by causing a copy of them to be affixed in the most
public place in every township in the said district, and at the doors of the church and
court house of the said town of York, and that such orders, rules, and regulations, shall
not be in force until three weeks after such publication.
IV. And be it further enacted by the authority aforesaid, That if any person shall
transgress the orders and regulations so made by the said commissioners, such person, for
every such transgression, shall forfeit the sum which in every such order, rule, and rego*
lation, shall be specified, to be recovered by information before any one commissioner of
the peace, upon the oath of one credible witness, and to be levied by warrant under the
hand and seal of such commissioner, upon the goods and chattels of such ofifender, and
that the one moiety of the sum so levied shall go to the informer, and the other moiety
shall be paid into the hands of his Majesty's receiver general, to and for the use of hu
Majesty, his heirs and successors, for the public uses of this province, and towards the
support of the government thereof, to be accounted for to his Majesty, through the com-
missioners of his Majesty's treasury, for the time being, in such manner and fimn as it
shall please his Majesty to direct.
Contmae.68d Geo III. Chapter X VI.
eJ^ofthe^tSsan^en- "^^ ^^^ to facilitate the circulationy wUhin this province, of army bills issued bjf authority
■uins setiion of pvUiiI of the proviuce of LowsT Canada.
ment.
(See 66Ui Geo. Ill, c
[Expired.]
*- . ^.,.. Chapter XVII.
nurpfait rerenaeof this /•.»*-' >, «
piwinw piwsed at the An actfoT granting to his Majesty, his heirs and successors, a sum pfmdney towards
no?^ foriude^oT defraying the expense attending the defence of this province.
[£XPIR£D.]
Digitized by
Google
f.] C. 18, 19^— Fmr-MOBTB Ysab of GaoMC III.— 1814. 181
Caiapter XVIII.
Asi ocf to conUMMefor a Umited time the provieianal agreement efitered into between (hie
province and Lower Canada^ at Montreal on the fifth day^ ofJvlyy one thousand eight (See estb Geo. in, e
hundred andfowTy relative to duties^ also/or continuing/or a Kmited time the several ^^^
«Klt Iff ik^ pewliavMnt of this province relative thereto.
[EzrnuBP.]
Chapter XIX.
An act to continue an act passed in theforty-sixth year of his Majesty^s reign^ entitled^
^^ An act to make provision for certain sheriffs in this province.'*^ (4efliaeo. m, e i.)
iCowawuMM 49tb Gxo. Ill, Ch. 1, for thrbs tsars, which is further covtivubd bt 197th Gxo. Ul, Ch. 8.]
23
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Googk
Fourth Session of the sixth Provincial Parliament.
MET AT YORK, ON THE FIRST DAT OP FEBRUAET, AND PROROGUED ON THE FOORTKBIITR
DAT OF MARCH FOLLOWING, IN THE FIFTT-FIFTH TEAR OF THE REIGN OT
GEORGE III.
GORDON DRUMMOND, ESQUIRE, PRESIDENT.
1819.
Gruits £20ii00 to be
appropriated, &e.
^5eUi Geo. Ill, c
CThapter I.
An act to grant to his Majesty a sum of money to provide/or amending and repaint
the public highways in this province.
[TSMPORART.]
Preamble.
Sneh part of the act
passed in tiie 54th of
the King, as prorides
ihatitshaH be lawfal
for the court of king's
bench, on the usual re-
tumor **non est iaTea-
tns,*'to the alias and
plories writs of capias,
to issue a writ of exi-
gent, fcc. shall be con-
sidered to moan where
bflawthcjare reqnir-
BytheiawofEn^ana.
(64th Geo. Ill, o 13,
repealed.)
Nothing herein eon-
tahied shaU extend to
make Tmd anj pro-
ceediqgs had under the
saidaX
The courts of general
quarter |essions of the
peace in the several
districts, declared to
be in the stead of she-
riif's county courts of
England, as far as re-
spects outlawry.
The process upon ere-
ry inaictment shall be
a capias issued from the
court before whom the
said indictment shall
be found, directed to
the sheriff of the dis-
trict wherein the said
court shall be sittnig;
Chapter II*
An act to repeal an act passed in the fifty-fourth year of his Majesty* s reignj eniiUei^
^^ An act to supply in certain cases the want of county courts in this province^ and to
make further provision for proceeding to outlawry in certain cases therein mentioned.^^
[Passed March 14, 1814.]
Whereas doubts have arisen respecting the construction of an act of the legislature of
this province, passed in the fiftj-fourth year of his Majesty's reign, entitled, " An act to
supply in certain cases the want of county courts in this province ;" be it therefore enaeted
by the Kind's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entifled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, * An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That such part of the said act as
provides that it shall and may be lawful for the court of king's bench in this province, on
the usual return of ^' non est inventus" to the alias and plunes writs of capias, to issue a
writ of exigent, and award a writ of proclamation as therein is set forth, shall, in all cases
that have arisen or may hereafter arise, be taken and considered to mean that such alias
and pluries writs of capias, must be taken out and returned as aforesaid, when by law thev
arc usually required, before the writ of exieent or proclamation shall issue or be awarded,
in manner aforesaid ; but that the said act iHiall not extend or be construed to extend to
make necessary alias or pluries writs of capias, or any more or other writs of capias, before
the issuing of the exigent and awarding proclamation, than are required in similar cases
by the law of England ; and whereas it is expedient that some further and more particular
provision be made respecting process of outlawry in this province ; he it therefore enacted
by the authority aforesaid, That the said act of the parliament of this province, passed in
the fifty-fourth year of his Majesty's reign, entitled, ** An act to supply in certain cases
the want of county courts in tliis province," be, and the same is, hereby repealed : Pro-
vided always, nevertheless, That nothing in this act coi\tained shall extend to make void
any proceeding heretofore had or made under the provisions and authority of the said act.
II. And be it further enacted by the authority aforesaid, That from and after the passing
of this act, the courts of general quarter sessions of the peace, in the several districts of
this province, shall be and they are hereby declared to be in the place and stead of the
sheriff's county courts of England, as far as respects any purpose of outlawry or any pro-
ceedings therein.
III. And be it further enacted by the authority aforesaid. That after the passing of this
act, the process upon every indictment to bring the person indicted into court, shall be a
capias, in the usual form, issued from the court before whom the said indictment shall be
found, directed to the sheriff of the district wherein the said court shall be then sitting,
commanding to take the person so indicted, and bring him before the said court ; and if
the person cannot be taken during the sitting of the said court, that then so soon after as
he shall be taken, he do bring or cause him to be brought before some justice of the peace
Digitized by VnOOV IC
Sncn PAMiiAMiatT. ]
O. S.— Fimr-nrra Yxab or Gtobox III.— 1815.
183
of the said distriet, to be dealt with according to law ; which said cacpiBs shall be made
returnaUe in the court of king's bench, on the first day of the term next after the sitting
of the said court before which the said indictment shall have been found as aforesaid ;
and if upon the return of the said writ, the sheriff of the said district shall return that
the person therein named is not to be found in his district, then an alias writ of capias
shall issue from the court of king's bench, under the seal of the said court, tested of the
first day of the term, if in term time, or on the last daj of the preceding term, if in vaca-
tion, returnable before the said court of king's bench, on the first day of the term next
^nft"^"g that in which the alias capias shall be so issued*
IV. And be it fiirther enacted by the authority aforesaid. That if to the said writ of
alias capias, the sheriff shall return that the person therein named is not to be found in
his district, then, upon motion in coiul or before a judge in vacation, a writ of exigent shall
issue, under the seal of the said court, tested on the m*st day of the term, if in term time,
or on the last day of the preceding term, if in vacation, and directed to the sheriff of the
district into which the said writs of capias shall have issued ; which writ of exigent shall
be retum^le on the first day of the fifth term from that in which the same shall be awarded,
and may be in the form following, that is to say :
** George the Third, by the grace of Ood, of the United Kingdom o£ Qreat Britain and
Ireland, King, Defender of the Faith.
To the sheriff of the district, greeting.
We command you that you cause A. B., late of to be demanded from
general quarter sessions to general quarter sessions, in your district, until, according to the
law of this province, he be outlawed, if he doth not appear, and if he doth appear, then
that you take him and cause him to be safely kept, so that you may have his body before
us on the di^ of term next, [the return of die writ,] wherever we
shall then be in Upper Canada, to answer to a certain bill of indictment found against him
fiHT [whatsoever the crime may be,] and have then there this writ.
Witness the honorable chief justice, at York, this day
of in the year of our reign."
V. And be it further enacted by the authority aforesaid. That the sheriff to whom the
said writ of exigent shall issue, shall at three successive courts of general quarter sessions
of the peace, to be holden in and for his district, before the return of the said writ, in
open court, immediately after the (^mmission of the peace for the district shall have been
read, make, or cause to be made, proclamation of all and every the persons named in the
said exigent, requiring them to render themselves to answer to the said indictment.
yi. And be it further enacted by the authority aforesaid. That if the person or persons
so demanded do not appear, Ae sheriff to whom the said writ of exigent is directed, shall
indorse upon the said writ of exigent a return in the following form :
^^ By virtue of the within writ, to me directed, at the court of general quarter sessions
of the peace, held at in and for the district of on the
day of in the year within written, the within named A. B. was a
first time demanded, and did not appear : And at the court of general quarter sessions of
the peace, held at aforesaid, for the district aforesaid, on the
day of in the year aforesaid^ [or as it may be,] the said A. B. was
a second time demanded, and did not appear : And at the court of general quarter sessions
of the peace, held at aforesaid, for the district aforesaid, on the
day of in the year aforesaid, [or as it may be,] the said A. B. was
a third time demanded, and did not appear ; therefore the said A. B. according to the law
of this province is outlawed.
The answer of
C. D., Sheriff."
VII. And be it further enacted by the authority aforesaid. That in all criminal cases
wherein any writ of exigent shall be awarded under and by virtue of this act against any
person or persons described in the indictment as being lately conversant in any other
district of this province than that in which the said exigent shall be so awarded, a writ of
proclamation shall be awuiled, and made out of the same court, or by order of a judee in
▼acatioD^ having day of teste and return as the writ of exigent shall have, and shall be
and if Um panoo oui-
no^be taken during tha
sitting of the taid eoort,
then BO aoon after m ha
•hall be taken, eanae
him to be brought be-
fore Bome joBticeof the
peace of said diatricty
to be dealt with ao-
cordingtolaw.
Capiaa to be returned
in king*B bench, on the
first day of the term af-
ter the tittrng of the
said court; and ifvftm
the return of the said
writ, sheriff retuna
** non est," then analiat
to issue, tested ^of tha
first day of the tenn, if
in term tiase, or last
day of the tenn, if in
Tacation, retumahla
first of eaaning tens.
If to the wiH of aliaa
capias the sheriff re-
turns " noB est iuTOi-
tus,** then upon motion
in couK, a writ of exi-
gent shall issue, direct-
ed to the sheriff of the
district mto which the
capias shall hare issued
Returnable on the firft
day of the fifth term
fi!t>mthatin which the
same shall be awarded.
Form of writ of ezi*
gent
Sheriff at three suecee-
sire courta of general
quarter sessioiis of the
peace to make procla-
nmtion of the persons
named in the exigent,
requiring them to ren-
der themselYes to an-
swer indictment.
IfAe person demand-
ed, does not appea%
sheriff to indorse the
writ as follows :
Fenn of return.
In all cases wherein
any writ of exigent
shaU be awarded
against any person de-
scribed in the indiet-
ment as being lately
conyersant in any other
district than taat in
which thee
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184
C. 2.— Fnmr-FiiMr TtMi M* Okdmb HL— V616.
lie mwarM, .m writ of
firoolamatioii ■hall be
•warded with the same
teste and retnni as the
writ of exieent, direet-
ed to tiie sneriff of the
^strict m whiefa the
'penon indicted ghall in
Hie said indietoncnt be
,deBcribed a« having
'been iateJy conycnant-
Form of writ of jproeU-
jnation.
Sheriff at three eueces*
siye courts of general
quarter BCSfioni before
tne retora of the writ,
to make proclamation
according to the com-
mand of the said writ
When the writ of pro-
clamation shall have
been executed, the she-
riif shall return t^ie
same.
Form, of return.
After the return of the
exigent and proctaou-
tioD, the person or per-
sons against whom tney
shall nave issued, shaH
in defanU of appearance
incur the same forfeif
ture, &c. as in cases of
outlawry by the law of
- Enghmd,as it stood 17th
tSeptember, 1792.
in all eaaea where th«
sheriCThas ^ude to the
first writ of , capias, the
usual letum of "non
est invefltna," npoo
which a second writ of
capias ought to issue,
and in all cases where
writs of eziffent have
been awarded, bnt have
not vet been iuued, it
shall be lawful to con-
tinue the proceedinga
according to the pro-
visions of this act, as
if no lapse of time had
intervened.
No chasm of time be-
fore the continuance of
such proceedings, to
be deemed a discontin-
uance.
Gontimiance of this act.
(Continued by 68th
Geo. Ill, e 11.)
&«etod and deUverod to die AetiSht thb^OgMetin wkkk ikm
shall in the said indictment be desoibed as ha)V«ig latdj
inroclamatioii any %e in llie foHowiiig fmrm :
" George the Third, &c. &c. &c.
To the sheriff of the district, greeting :
Whereas by a writ, we lately commanded our sheriff of the district of
that he should cause A. B. late to be demanded from eeneral quarter
sessions to general quarter sessions, until, according to the law of this province, he riioiild
be outlawed if he did not appear, and if he did appear, then that he should take him and
'cause him to be safely kept, so that he might have his body before us on the
day of term then next, wheresoever we should then be in Upper Canada, to
answer to a certain bill of indictment found against him for therefore
we command you that in pursuance of the act of the parliament of this province, pasaed
in the fifty-fifth year of our reign, you cause the said A. B. to be proclaimed upon fli^
several days according to the form of the said statute, that he render himself to our sheifHT
of so that he may have his body before us at the time aforesaid, whereso-
ever we shall then be in Upper Canada, to answer to the said indictment, and have there
then this writ.
Witness the honorable at York, this day of
in the year of our reign,"
And that the sheriff to whom the said writ of proclamation shall issue, shall at three suc-
cessive courts of general quarter sessions of ^e peace before the fefum of tlie said writ,
in open court, on the first day of the said court, make, or cause to be made, proclamation
of aJl and every the persons named in the said writ of proclamation, aceording to the
command of the said writ.
YIII. And be it further enacted by the authority aforesaid. That when the said writ
of proclamation shall have been executed as aforesaid, the sheriff to whom the samife shidl
be directed, shall indorse thereon a return in the following form :
. '^ By virtue of the within writ to me directed, I caused the within named A* B. to be
proclaimed three several days, according to the effect of the within mentioned statute, as
it is within commanded me.
The answer of C. D., Sheriff*"
IX. And be it further enacted by the authority aforesaid, That after the relurm of the
said writ of exigent, and of the writ of proclamation when required to be issued in man-
ner aforesaid, the person or persons against whom the same shall have issued, sbadl in
default of appearance, ineur and suffer the same forfeiture and disabilitiea, and the like
process shall be had thereupcm as in cases of outlawry for the same offences, by the
criminal law of England, as it stood on the seventeenth day of September, in the year of
our Lord one thousand seven hundred and ninety-two.
X. And whereas, by reason of the disturbed state of this province, and the want in
some cases of general courts of quarter sessions of the peace being held, as heretofore,
it may have been impracticable to proceed regularly to outlawry in all such cases as may
have arisen ; be it therefore further enacted by the authority aforesaid, That in all cases
where the sheriff has made to the first writ of capias to him directed, the usual return of
^^ non est inventus," upon which a second capias ought to issue ; and also in all cases
where writs of exigent have been awarded, but have not yet been issued or acted upon
by reason of the difficulties above recited, it shall and may be lawful to continue the pro-
ceedings therein, according to the provisions of this act, as if no lapse of time had
intervened since the last proceeding in any such case, and to prosecute the parties to
outlawry in like manner as if the capias had been returned according to this act, or the
exigent had been awarded immediately before the next proceeding that shall be had
therein, and that no chasm of time before the continuance of such proceedings, in the
cases before mentioned, shall be deemedfin law a discontinuance, or shall vitiate or render
null the process to outlawry therein, any law to the contrary notwithstanding.
XI. And be it further enacted by the authority aforesaid. That this act shall continue
and remain in forpe for and during the term of two years, and from thence to the end of
the next ensuing pariiament, and no longer.
Digitized by
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C S.^Ftwms^mnm VmiA of
UI.--4ai6,
MS
Cbapter III*
Anxiato ^crdreUef to barristers vmd Mormes^ and to froMefor theadnUgaUmof
law students tmthin this promnce, and /or other purposes therein mentioned.
tPasaed Muvh U, 1816.]
Whereas the glorious and honorable defence of this province, in the war with the
United States of America, hath necessarily called from their usuid occupations and jh'o-
fesaions most of the inhabitants of the said province, and amongst them very many
barristers, students at law, attomies, and articled clerks of attomies, within the same,
nrhereby the Fegular meeting? of the benchers of the law society of the said province
being Tor many terms past interrupted^severalyout^g gentlemen have been prevented from
jaaJuAg due af^cation for admission on the books oi the said society as students at law,
and several students at law have in like manner been prevented from being duly called to
ttie bar of tbe said province, to their manifest and great injury^ and whereas to obviate
this evil as far as they then could, at a meeting of the said law society held as of Hilary
term, in the fii\y-fifth year of his present Majes^^s reign, the benchers of the said law
society did enter upon their books the names of several persons who had been prevented
IB manner aforesaid, from obtaining their due admission as students and barristers as
aforesaid, therefore to remove all doubts as to the legality of such entry or entries ; be
it enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the'parliament of Great
Britain, etttitled, *^ An act to repeal certain parts of an act passed in the fourteenth year
ttf his Bfojesty's relgti, entifled, * An act for making more efiectuad provision for the
government of Ae province of Quebec, in North America, and to make further provision
for the government of the said province,'" and by the authority of the same. That all
those persons whose names are now entered upon the books of the law society, as stu«
dents at law and barristers, shall be deemed and held to be legally and regularly entered
on the said books, and are hereby declared to be students at law and barristers within this
province, and' of such standing as to time, as is now allowed by each respectively upon
the hodkB at the society.
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the benchers of the said law society, or a quorum thereof, in Michaelmas term next,
to make a (iirther entry upon the books of the said society, of the names of other stu-
dents or barristers who may have been and still continue to be prevented by the causes
aforesaid, from making their proper application in due time for their respective admissions,
and that all such persons, so to be entered upon the said books in Michaelmas term next,
shall b^ h^M to be legally and regularly entered on the said books, and shaH in like man-
ner be considered and held as to term and degree, as students and barristers, according to
the tenof of such ehtrr so to be made in Michaelmas term next, as aforesaid : Provided,
That nothing herein contained shall be construed to be compulsory upon the said society
to make such admissions, but that the same and every of them to be made by virtue of
this act, shall be so entered and made only upon the approbation and unanimous vote of
a legal quorum of the said benchers.
III. And be it further enacted by the authority aforesaid, That all those persons whose
names are ttow entered upon the rolls of the court of king's beach, as attomies thereof,
and who have by military or other public duty, been interrupted in their regular service,
limited in their respective articles of clerfc^hip, are hereby declared to be regularly entered
and admitted as such attomies, any defect in such entry or entries as to the time of ser-
vice, notwithstanding.
IV*. And be it further enacted by the authority aforesaid, That in all future admissions
of attomies' clerks, who have been bona fide articled as such, before the passing of this
act, and who for any portion or portions of time, within the period limited, in their res-
pective articles of clerkship, have been withdrawn from the service of their masters, by
any military or any civil or public duty, or by any other matter, cause, or circumstance,
occasioned by the war, and preventing such regular semce, it shall and may be lawful
for the court of king's bench to admit such articled clerks to be attomies of the said court,
at the end of five years from the date of their respective indentures, without the usual
affidavit of service, and that all such attomies so to be entered, shall be considered and
held as attomies <>f the said court, legally admitted, any defect by reason of interrupted
service for the causes aforesaid fiotwitfastanding.
AU
whose imM
of the kir toeiotr as
■tiidoiits at law aBOoar-
rifton, tliaU bo dooBMd
loyally oaterad on the
•aidbookii.
It ahaU bo lawfnl for
tha beBohen of tho
lawtooiotyinBilehaol-
mat tom next, to BuJu
a futher entiy of tho
namci of oChoritadavta
or bairiflton; and all
•ueh Dcnona §o ontorad
in MiehacJmai iaqi,
gaily entered.
Nothing herein eoft-
tainedto be ooBipnbo-
ry upon the said tocic^
to make andi ^ '
All penona now en-
tered upon the rolla of
the eonrt of kinc**
bench, aa attofflkie«,«o.
are declared to be lo^
gnbtfly enterad.
In an fntore admiatioofl
of attomies' tiaUfc.
who have been articled
as saeli,before the pair-
ing of Uiis aetp and
who for any portion of
time daring their clerk-
ship, hare been with-
drawn from the senrieo
of their masters, by
any military or eiyu
duty, &c. ; to be ad-
mitted witlMNit tho
vsnaloath of senrieo.
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C. 4, 6,.«, 7, 8, 9.— Frtw-wrm Ykab of OaoBOB III.— 1616. [Foatam Bawioir,
Chapter IV.
An act far granting a compenaatum to Thomas Merritt^ esquire^ sheriff of the distrid of
Niagara^ for certain extraordinary services performed by him.
[Pritatb.]
Cliapter V.
An act to continue and amend an act passed in the fifty-first year of his Mqjesty^sreignj
entiOedy " An act to repeal an act passed in the forty-seventh year of his Siajesty^s
reigny eniiOed, ^ An act to repeal the several acts now in force in this province rela^
live to rates and assessments^ and also to particularize the property real and per*
sonalj whichy during the continuance thereof shaU he subject to rates and assessmetUSy
and fixing the several valuations at which each and every particular of such properly
shaU be rated and assessed^ and to make further provision for the same.^ '^
[Repealsd bt 5^h Geo. Ill, Ch. 7.]
Cliapter VI.
An act to explain and amend an act passed in the fifty 4hird year of his Majesty* sreigny
entitled^ ^^ An act to provide for the maintenance of persons disabled^ and the widows
and children of such persons as may be killedy in his Majesty^s service.^^
[Rbpsals 2d Gbo. IY, Ch. 4L]
Chapter VII.
Anactto exonerate Isaac SwayzSy esquirsj from the payment of certain mionies th^
mentioned.
[Pbitatb.I
Chapter VIII.
c8MadGM>.iii,e8, An act to provide for the rdmilding and repair of certam intUB
•^^ " province.
rjB6600 u»pro|irMted for bqfldiiig n«^i in Uw NiaMim, LoBdoD» and W«ttcn diftrieti, tib : £2000 WcaUmdiftHc*;
£2000 Loidoa dutriet ; £2000 dutnct of Niagan -£600 dittrict of Newcat tto.]
PjreMBbla.'
(41ttGM.UI,e6.)
Chapter IX»
An ad to amend an acty entitled, ^^ An ad to remove doubts urith resped to the authority
under which the courts of general quarter sessions of the peace, and other courts, have
been erected and holden, and other matters relative to the administration ofjusticCy done
in the several districts of this province, and also to fix the time of holding the courts of
general quarter sessions of the peace in and for the «ime."
(Paaaad Marah 14, 1815.]
Whsrsas the provisions of an act of the parliament of this province, passed in the
fortjr-first j^ar of his Majesty's reign, entitled, '' An act to remove doubts with respect to
the authority under which the courts of general quarter sessions of the peace and other
courts have been erected and holden, and other matters relative to the administration of
justice, done in the several districts of this province, and also to fix the time of holding
the courts of eeneral quarter sessions of the peace in and for the same,'' have not been
found applicable to the present situation of this province ; and whereas it is expedient to
make further and more effectual provision for the same ; be it enacted by the Sjng's most
excellent Miyesty, by and with the advice and consent of the legislative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^' An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
'An act for making more effectual iH'ovision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and bv the authority of the same, That whenever any district in this province
Digitized by VrjiJOV IC
SiXacB FjkMJAiflMfT.] C. 10, 11, IS, IS, 14, 16.— Fms-nm YfiAH or Gboboc IIL— 1816. UfK
sball be aetnally invaded by fhe enemy, or it sball be found impracticable from any other
^aose to assemble the court of general quarter sessions of the peace, at the place especially
desinated by law for that purpose, it shall and may be lawful for the magistrates in a
special session, to be convened for that purpose by the chairman of the quarter sessions
of such district, to issue their precept to tbe sherifi^ to summon the jurors for the court of
general quarter sessions, to assemble in such part or place in the said district, as they may
consider best adapted to the conveniency of the public, and to the furtherance of public
justice : Provided always. That the next general quarter sessions of the peace held in the
district of Niagara, shall be begun and holden at the Forty Mile Creek, in the township
of Grimsby, at the time appointed by law for that purpose, any law or usage to the con-
trary notwithstanding.
II. And he it forth^* enacted by the authority aforesaid, That nothing in this act shall
extend, or be construed to extend, to alter or vary the places where the courts of justice
are now holden in and for the Midland district.
III. And be it further enacted by the authority aforesaid. That in each and every district
of this province, in which the place for holding the quarter sessions of the peace for such
district shaU be changed, under and by virtue of this act, the district court in such district,
shall be held at the place so appointed for holding the said quarter sessions.
If any diftriet inOiifl
prorincc BbaU be innk-
ded, or it tliall b« iia-
pTBetieaUe, from aay
other danae^to asaeiBbto
the court of quarter aee-
iions at the plaee d^
iignated by law, it ahaU
be kwfnl to aascBaUa
inrach other place at
may be conaiderad beat
adiqpted.
The next general qnar*
ter aeiiiona in the dia-
triet ofNiacata,to h%
holden at the Forty
Mile Creek.
alCerthe pln-
eea where the eowta
of joatiee are now hel>
dei for the MidfaoiA
diatriet.
(8ee41atGeo.m.e6L)
Diatriet eovrt to be
holden at the pkce ap*
propriated for holding
the qoarter aeaaiflM.
(See88dGeo.m,6e.)
Chapter X.
An act to license practitioners in physic and surgery throughout this province,
[Repealed bt 69th Geo. Ill, Cr. 18.]
Chapter Xt.
An act granting relief to certain injectors of districts within this province.
[TSMPOBABT.]
Chapter XTI.
An act to provide for the accommodation of tJ^ provincial legislature at its next session.
[Tbmpoejjit.]
Chapter XIII.
An act granting to his Majesty a certain sum of money for the uses of the incorporated
militia of this province^ and other purposes therein mentioned.
(jCSOOO sranted, tie: £JB88B 69. 8d. to be applied aa followa : To theoffieers* non-eommiasioned officera, and privntea of
the incorporated militia, six months* pay, £46N 16i. 2d. To the officers and non-commissioned officers of the line attached
to the ineonerated miUtia, the nett ftay of their reapectire ranks in the said coips, £1000. To the officers and non-com-
missioned omeen and priratea of the incorporated militia artillery, six months' nay, £33SS lis. 6d.
I priratea of the incorporated militia artiUenr,
hoase of aaseuibly, to purchase a sword to oe presented to Col. K0I
)binson, late c
To the speaker of the
incorporated militia, 100 guineas.]
Chapter XIV,
An act for applying a certain sum of money therein mentioned^ to make good certain
monies advanced by his Majesty^ through his honor the president^ in pursuance of
several addresses of this house.
7: 7.
Chapter XV.
An act to provide for the erection of a monument to the memory of the late president^ (See7thGeo. iv.eso,
major general sir Isaac Brock. f?«»^ £^oo in addi-
[Paaaed March 14» 1816.] ™»>
Most oracious Soysreion:
Whereas at the declaration of war by the United States of America apunst Great Preamble*
Britain, the government of this province was administered with great uprightness and
ability by the late major general sir Isaac Brock ; and whereas by the wisdom of his ^^ ^
Digitized by V:jOOQIC
18» C. 16, n, te^^^mv-FirPB Ybas ot Gsomb liL~181& I
oouiieila, theeneigjr of hkohaiaetor, and tbe vij$or witib wludb he earned aUki»> flaw ibto
eflfeet, the kihaUtants of thia piNmnee, at a time whe» the Qocmtvj wapahnoat deatitol^of
regulap troops, were inspired with the fullest eonfideatee in hiis and in themsatMSy and
were therebjr induced most eordiallj to unite with and fottow him in every openHioa
which he undertook for their defence ; and whereas after having achieved Ae
brilliant success and peiformed the most splendid actions, that truly ilmstrioiia <
contending at the head of a small body ot regular troops and militia, a^aimat a veiy i
force of the enemy, devoted his most vsdiuble life ; and whereas the inhabitants of this
province reverencing his character, feel it a tribute due to his memcny ti^ eKpreaa the
same by a puUic and lasting testimonial ; we, your Majesty's B»est dutiful and loyal ssb^
jects, the commons of this province, in parliament assembled, beseeah your Miyesty, Aat
it may be enacted, and be it enacted by the King^s most excellent Majesty, by and with
die advice and consent of the legislative council and assemUy of the provinoe eC Upper
Canada, constituted and assembled by virtue of and under the authority of an act paaaed m
the parliament of Great Britain, entitled, ^^ An act to repeal certain parl» of an act pittaed ift»
the fourteenth year of his Majesty's reign, entitied, ^ An act for msdung more effectual pro-
vision for the government of the province of Quebec, in North An^iiea, and te mke
fkurtker provision for the. government of fte said provinoe,^ " and by the authmilyi a£ tbe
ita^ am tiicc <9A>^ 1*^ fr^^Bi and out of the rates and duties already raised, levied,, and eoUbctckl, or
ig a mono- hereafter to be raised, levied, and collected, to and for thauses of this provinoe, time bi
imgTrr iprwTraT fffr^m^ grautcd to lus M^csty, his heirs and successors, the siun of one thousand pounds, to be
Brock* issued out of the mnds now remaining or hereafter to come into the hands of the receiver
general, unappropriated, which said sum of one thousand pounds shall be disposed o^
Hoir to be Moomited appropriated, and applied, by the commissioners hereinafter named, for the constructing
^or* and erecting at Queenston,.near where he fell, or such spot as may be agreed upon by the
commissioners hereinafter to be appointed^ a monument to the memory of the said major
general sir Isaac Brock.
IL And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government, to nominate
and appoint Thomas Dickson, esquire, Thomas Clark, esquire, and Robert Nichol, esquire,
commissioners, for carrying the provisions of this act into effect ; and that the monies
hereby granted, shall be paid by the receiver genial to any one of the said commissioners,
in discharge of such warrant or warranto as shall be issued by the governor, lieutenant
governor, or person administering the government, and be accounted for to lus Majesty,
his heirs and successors, through the lords commissioners of his treasury, for the time
being, in such manner and form as his Msgesty, his heirs and successors, shall be graciously
pleased to appoint
Chapter XVI.
An actio repealpart of^ and to amend anadof the parliament of this provinee^paBni
in the fortyifirat year of his Majesty^ s reign^ enidtied, ^^ An ad to remove dtnMs wiA
respect to the authority under which the courts of general quarter sessions of the
peace^and other courts^ have been erected and holdmy and other matters relative iothe
administration of justice, done in the several districts of this province, and also to fix
the time of holding the courts of general quarter sessions qfthepeacein and fir the
saiM," andtomakefirther provision for the same:
[BlBPXALBD BT 7tH GsO IV» Cb. 18.]
meat to the memofy of
■u^ gMMial air Isaae
£400.
Chapter XVII.
An act to grant a sum of money to his Majesty, to enable the honorable James Baby to
pay for a certain quantity of hemp, delivered to him as commissioner for the purchase
of hemp, in the Western district of this province.
Chapter XVIII.
An act to incorporate the Midland district school society,
[PuwedBfarelil4,181S.]
Whereas funds have been collected and a society lately formed in England, designated,
B«eiiiBctiiatfiuid«^liad " I'he committee for, promoting the education of the poor in Upper and Lower Canada,"
iStUt^feS?*' "i^ ^^ object of which society is to promote the education and moral improvement of the
^fjo pnim^ t£ Tpoot, of every reUgious denomination, in Canada; and whereas in furtherance of the
•dacatiMi of tho poor, wishes of that institution, a subscription has been entered into at Kingston, in the Mid-
Digitized byVniJOy It:
Stiam PAAZJFASfiBMT.]
C. 18. — ^PiFTY-PiPTH Ybar op Gsorgk III. I8l5.
ted
laad district of this province, to assist in carrying into effect their benevolent intentions
with regard to this province ; and it is apprehended that if countenanced and supported
by the laws of this province, and established upon a permanent footing, and vested with
powers for better enabling the subscribers thereto to cany into execution their charitable
and useful designs, such an institution would be of extensive use, and of great benefit and
advantage to the public ; and whereas the purposes aforesaid cannot be effected without
the aid o( the legislature; be it enacted by the King's most excellent Majesty , by
and with ibe advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
net passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the au-
thority of the same, "That on the first day of May, now next ensuing, there shall be held
a meeting of the subscribers for the purposes aforesaid, in the town of Kingston, in the
Midland district aforesaid, at which meeting a president, secretary, treasurer, and six
trustees, and four of whom, with the president, shall be a quorum, for transacting business,
shall be chosen from among the subscribers, by a majority of the subscribers then there
present, and regulatitm shall be also then and there made respecting the length of times
the said officers and trustees shall continue in office, and also respecting the election or
nomination for the future, of such president, secretary, treasurer, and trustees.
il. And be it further enacted by the authority aforesaid. That the president, secretary,
treasurer, and trustees, for the time being, and their successors, so to be nominated and
appointed, shall be and they are hereby declared to be one body corporate and politic, in
deed and in law, by the name of ^^ The Midland District School Society," and shall have
perpetual succession, and a common seal, with power to change, alter, break, or make
new the same, and they and their successors, by the name aforesaid, may sue and be sued)
implead apd be impleaded, answer and be answered unto, in all or any court or courts of
record and places of jurisdiction within this province, and that they and their successors
by the name aforesaid, shall be able and capable in law to have, hold, receive, enjoy,
possess, and retain, for the end and purposes of this act, and in trust and for the benefit
of the said society of the Midland district, all such sum and sums of money as have been
had or g^ven, or shall at any time or times hereafter be paid, given, devised, or bequeathed
by any person or persons, to and for the benevolent ends and purposes in this act
mentioned; and that they and their successors, by the name aforesaid, shall and may, at
any time hereafter, without any license or mortmain purchase, take, receive^ have, hold,
possess, and enjoy, any lands, tenements, or hereditaments, or any estate or interest de«
rived or arising out of any lands, tenements, or hereditaments, for the purposes of the
said society, and for no other purposes whatsoever, and may also, in the same manner
sell, grant, demise, alien, or dispose of the same, and do or execute all and singular other
matters and things that to them shall or may appertain to do.
III. And be it further enacted by the authority aforesaid, That the said president
and trustees, so to be nominated and appointed, as aforesaid, and their successors, shall
have full power and authority to lease such real estate and hereditaments on such terms
as tbey shall judge most beneficial, and also to dispose of all such personal estate, at their
will and pleasure, as shall appear to them most advantageous for jM-omoting the benevolent
purposes of the said institution.
IV. And be it further enacted by the authority aforesaid. That no person who is not
a natural bom subject of his Majesty, or a subject naturalized by act of the British par-
liament, or a subject of his Majesty, having become so by the conquest and cession of
the province of Canada, shall be capable of being a trustee or teacher of the said school.
24
That asabscription had
been entered into in
Kingston, in furtheiw
ance of the plan.
It is enacted, tlut m
meeting of subscriben
■hould bo held on tiie
Ist of May.
President, secretary,
treasarer,and tmstees,
any four of whom, with
the president, shall be
a quonim to be chosen.
Regulations to be made.
Body coipotate.
To be capable of hold-
ing lands, money, &c.
in trust and for the be^
fiefit of the society.
And to seU or demise
the same, and do all
other things that to
them may appertain to
do.
President and trustees
empowered to lease re-
al estates and dispose
of all personal estates
as shall appear most
adyantageoas.
Nofwrsons but subjects
of his Majesty, can be
tnistees or teachen.
Digitized by
Google
Fifth Session of the sixth Provinel»l ParliAmeat*
BfET AT YORK, ON THE SIXTH DAT OF FEBRUARY, AKD PROROGUED ON TBB PIRflT DAT
OF APRIL FOLLOWING, IN THE FIFT7-BIXTH TEAR OF THE REIGN OF
GEORGE III.
FRANCIS GORE, ESQUIRE, PRESIDENT.
Anno Doflftinl 1810*
Preamble.
So much of the 2d
clinue of the4lflt of the
King, M enactfl that the
court of general quar^
ter seMions for the dis-
tiiet of London, ihall
be holden on the ad
Tnesdayi in the m -inths
of March, June, Sep-
tember, and December,
and for the district of
Johnstown on the 8d
Tnetday in February
and Blay, and on the
9d Tuesday in JuIt and
October, repealed.
The said courts of ge-
neral quarter sessions
of the peace shall be
holden m the London
and Johnstown dis-
tricts, at the places
specially designated by
law attne following po*
nods, vis : On the 2d
Tuesday in Januaiy,
April, July, andOcto*
ber.
This act not to tdce e^
leettilllstJuWnezt^
r<i] As to Jonnstown
district, see 68th Geo.
Ill, c2,s 1.
CThapter I.
An act to aUer the time of holding the courts of general quarter seeeiona of tikepeaeej
in the London and Johnstown districts of this proffince.
[Passed Marclk tt, IflfC]
Whereas the provisions of an act of the parliament of this province, passed in the
fortj-first jear of his Majesty's re^, entitled, ^^ An act to remove doubts with respeet
to the authority under which the courts of general quarter sessions of the peace and
other courts have been erected and holden, and other matters relative to the admiimtra-
tion of justice, done in the several districts of this province, and also to fix the times of
holding the courts of general quarter sessions of the peace in and for the same," have
not been found genersdly beneficial ; be it enacted by the Ring's most excellent Mttfesty,
by and with the advice and consent of the legislative council and assembly of the pro-
vince of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, *^ An act to repeal certain parts
of an act passed in the fourteenth year of his ^Majesty 's reign, entitled, ^ An act for mcddng
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same. That so much of the second clause of the said act a» enacts that
the said court of general quarter sessions of the peace, for the district of London, shaH
be holden on the second Tuesday in the months of March, June, September, and Decem-
ber, and for the district of Johnstown, on the third Tuesday in the months bf Pehraary
and May, and on the second Tuesday in the months of July and October, be, and the
same is hereby repealed.
II. And be it further enacted by the authority aforesaid. That the said courts of general
fuatter sessions of the peace shall be holden in the said London and Johnstown disMcts,
a] at the places specially designated by law for that purpose, at the following periods,
viz : on the second Tuesday in the months of January, April, July, and October : Pro-
vided always, and that this act shall not take effect, until the first day of July next. •
(SSChGeo. in,e6.)
Preamhle.
Chapter TI«
An act to repeal part of an act of the paHiament of this pro^nncCj passed in the Odrtff'
eighth year of his Majesty^s reign^ entitledj " An act for the better division of this
province^'*^ and more effectually to provide for the cuhninistration of juries &y cat^
stitvting the counties of Prescoti and Russdlj under certain modijioationsy a sepataU
district.
[Ftaaed Blarch Sa, 181S.]
Whereas from the great extent of the Eastern district of this province, the inhafattaiits
of the counties of Prescott and Russell, in the said district, experience much ineoAve*-
nience in attending ius Majesty's courts of justice at present established ; be it enacted
by the King's most excellent Majesty, by and with the sulvice and consent of the legislativtt
council and assembly pf the province of Upper Canada, constituted and assetriiled by viitue
of and under the authority of an act passed in the parliament of Great Britain, enliiled,
^^ An act to repeal certain parts of an act passed in the fourteenth year of hiB Mi^e8l3r?s
Digitized by VniJOVJ IC
Siaeni PAaauuumn.] C. 2.—Fim-mam Yvak or Oaomoa IIL— 1816.
reig^D, entitled, < An act for makiDg more effieetoal provisioii for the government of the
ppofriaee of ^lebec, in North Amenca, and to make further provision for the government
of tibe said province,' " and b^ the authority of the same, That from and after the
paaaing of this act, so much of an act passed in the thirty-eighth year of his Majesty's
reign, entitled, " An act for the better division of this province," as directs that the
eoonties of Rnssell and Prescott shell form part of the E&stern district, shall be repealed,
and the same is hereby repealed accordingly.
II. And be it iorther enacted by the authority aforesaid, That from and after the passing
of this act, there shall be formed, constituted, and established, a new district, to consist
of the said counties of Prescott and Russell, to be called the district of Ottawa, and the
said district shall enjoy all the privileges and be subject to the same laws, rules, and
regulations, as any other district in this province enjoys, except as is hereinafter provided.
III. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the justices of the peace, to be appointed in and for the district of Ottawa, to
fix upon some fit and proper {dace, Within the said district, where a gaol and court house
may be built, in the same, mahner, and subject to the same rules and regulations, as the
ft^ola and court houses are directed by law to be built in other districts in this province :
Provided, That nothing in this act shall extend, or be construed to extend, to authorize
the said justices of the peace to fix the pUce for building the said gaol and court house on
any reserve of the crown or clergy, or on any land belonging to any person or persons,
without permission first obtained from the government, or from the owner of said land ;
and. Provided also, That untU such time as the said gaol and court house, in and for the
district of Ottawa, shall have been erected and built, whether out of the fund produced
by the district assessments and rates, or otherwise, that it shall and may be lawful for
the majority of his Majesty's justices of the peace for the said district of Ottawa, to
appoint some place therein for the holding of the courts of general quarter sessions of
the peaee^ and of all other courts autborizM to be held by virtue of this act«
IV. [Repealed by 10th Geo, IV, c 6-1
191
So mneli of the SBlh
Geo. Ill, as dinctt
that the conntiM of
PretcoCt and RoimII
shall form part of tho
Eastern district, re-
pealed.
A sew district towm^
sistof the counties of
Prescott and^RosseU,
tobeeaUedthedistriel
of OtUwa.
The jasticestoaxin^
on a pro|>er pfawe witn-
in the district where a
gaol and court hease
may be hnilt.
The gaol and
house not to be built,
on any crown or clergy
resenres» ae. withoot
permission first obtain-
ed.
The migoritr of the
justices of tae peace
to appoint some pUce
for the holding Jt the
courts of genenl qnai^
ter sessions, he
Tfanes for the eon
mencemcBl of the
courts of general
ter sessions of 'the
V. And be it enacted by the authority aforesaid, That nothing in this act contained cases to which this
shall extend or be construed to extend to affect the jurisdiction of his Majesty's court of ■** doesnot extend.
king's bench in this province, or to make it necessary or lawful to issue any commissions
of oyer and terminer and general gaol delivery, or commissions of assize and nisi prius,
for the said di^rict of Ottawa, or to authorize any of the officers to be appointed in the
said district, to, in any wise, interfere in any of the proceedings of the said courts ; but
that all actions that shall have been, or may hereafter be commenced in either of the said
eoiurts, shall and may be tried at the courts of assize and nisi prius and general gaol de*
Kvery for the Eastern district, in the same manner as if this act had never been made,
any thing herein contained to the contrary notwithstanding.
VL And be it further enacted by the authority aforesaid. That notwithstanding the
appointment of a sheriff in and for the said district of Ottawa, the sheriff of the Eastern
district shall have full power to summon jurors in the said district of Ottawa, and perform
all other services in the said district of Ottawa, that appertain or relate to the courts of
oyer and terminer and general gaol delivery, and courts of assize and nisi prius, to be
holden in the said Eastern district, any law or usage to the contrary notwithstanding.
yil. And be it further enacted by the authority aforesaid. That whenever (me or more
prisoner or prisoners shall be committed to gaol in the said district of Ottawa for any ^^^^ too'hirh to be
felony or other crime too high in its nature to be tried before the court of general quarter ^<S\e^tJ^qtUrter
sessions of the peace in the said district of Ottawa, such prisoner or prisoners shall be •e««««is, to be removed
removed irom the district of Ottawa, to the common gaol for the Eastern district, before
the then next sitting of the court of oyer, and terminer and general gaol delivery, in and
for the Eastern district, there to take his, her, or their trial, for the offence or offences
with which the said prisoner or prisoners may be charged, and the magistrate or magis-
tMtee, who originally ctmunitted such prisoner or prisoners to the gaol of the district of
Ottawa, shall, and he is hereby required, when such prisoner or prisoners are removed,
as afbresaid, to transmit to the sheriff or gaoler of the Eastern district, the commitments,
iafcrmations, and other documents, respecting such commitment, which commitment being
indorsed by the committing magistrate, shall be a sufficient authority to the gaoler of the
mid E«a8tem district, to receive such prisoner or prisoners, and from thence shall be
lesponsiUe for such prisoner or prisoners, until discharged by due eourse of law.
VIII. And be it fivdier enacted by the authinrity aforesaid, That the expense of main*
tenanee of such pisoner or prisoners so conveyed from the district of Ottawa to the
EaslOTD district, shaU be borne by the distriet of Ottawa*
Digitized by
The sheriff of the Eas-
tern district to have
foil power to siuBOMni
juors aad perftHmall
serriccs in said distriet
of Ottawa, that rehite
to the coofts of oyer
and tenniner and gene*
ml gaol delirery.
Prisoners committed
for felony or other
to the Sitttem district,
ac. to be tried, and the
coounittingmaflistmtea
to transmit to ue sh^
riff, ac. the docnments
respecting
mitments.
Expense of prisoner to
be Dome by the district
ofOttewa.
Google
!•»
C. S.-^FuTT-sixiw YsAR «r OaoBC» IIL— 1816.
[Eumr
PtoceftS in eivS actions,
brought 90|i|ut defend-
ants.
Ptower of ma^strates
to bind over witneises
fb appear at the court
«vf oyer, &c. in the
JCastern diatriet.
(See S3d Geo. HI, c 6,
aBth, c 5, and 6dth, c
10.)
IX. And be it further enacted by the authority afereaaidi That in all civfl
brought against defendants in the said district of Ottawa, the first i»x>ees8 of the eourt of
king's bench, and the writs of execution after judgment, shall be addressed to the sheriff
of the district of Ottawa, whose returns,, nevertheless, shall be made to the office of the
deputy olerk of the crown in the Eastern district.
X. And be it further enacted by the authority aforesaid. That in all crimhud cases,
arising in the district of Ottawa, it shall and may be lawful for the magpstrates of the aaad
district of Ottawa, to bind over parties and witnesses to appear at the ^eourt of oyer and
terminer, in the Eastern district, which shall have the same effect and be equally binding,
on the persons entering into such recognizances, as if duly entered into in the Eastern
district.
Preamble.
(•13d Geo. Ill, c 9, and
46th. C5 1.)
5th clause 434 Geo< III,
and the 1th clause 45th
Geo. Ill, repealed.
Each inspector in this
provineo is required to
render within a month
after tiie 5th January in
emry year during the
eoDtsnuanee of this act,
a just account of the
monies he may haye
recciyed.
Such inspector shall
^y such monies unto
the receiver geueral,
within t^ro mouths
thereafter.
Every such inspector
to transmit a true ac-
eooat ouarteriy, of all
monies he ouiy reeeive.
And in one month kuIi-
Rcquent thereto (o pa^
the same In the recei-
ver general.
The said inspectors to
furnish on the first day
of general quarter ses-
sions to the clerk of
the peace, a list of all
licenses issued.
The clerk of the iieace
in each district on the
Chapter III.
An act to repeal part of^ and to amend the laws now in force for the better collection of
his Majesty^ 8 revenue in this province^ and to make further and more effectual provision
for the same.
[Ptesed March as, ISia]
Most gracious Soysrbign :
Whereas the provisions of an act of the parliament of this province, passed in the forty-
third year of his Majesty's reign, entitled, ^^ An act for the better securing to his Majesty, his
heirs and successors, the due collection and receipt of certain duties therein mentioned,"
and also of a certain other act of the parliament of this province, passed in the forty-fifth
year of his Majesty's reign, entitled, " An act for altering the time of issuing licenses for
the keeping of a house or any other place of public entertainment, or for the retailing of
wine, brandy, or any other spirituous liquors, or for the having and using of stills^ for the
purpose of distilling spirituous liquors," and for repealing so much of an act passed in the
forty-third year of his Majesty's reign, as relates to the periods of paying into the hands
of the receiver general, the monies collected by the inspector of each and every district
throughout this province for licenses, have not been found fully to answer the intended
purposes ; and whereas it has become necessary that more effectual provision be made for
the same, we beseech your Majesty that it may be enacted, and be it enacted by the Ring's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled,
^^ An act to repeal certain p&rts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ^ An act for making more effectuab provision for the government of the
province of Quebec, in North America, and to make further fn'ovision for the government
of the said province,' " and by the authority of the same. That the fifth clause of the first
recited act, and also the fourth clause of the last recited act, be and the same are hereby
repealed.
II. And be it further enacted by the authority aforesaid, That it shall and may be
la^wful to and for each and every inspector of this province, and each and every of them is
and are hereby required to render, within one month after the fifth day of January, in each
and every year during the continuance of this act, to the inspector general of this province,
a just, true, and faithful account, to be verified on oath, of all monies which he or they
shall receive, under and by virtue of any act of the parliament of this province, and such
inspector and inspectors, as aforesaid, shall also pay or cause to be paid into the hands of
the receiver general of this province, within two months thereafter, all sueh monies m he
and they shall have so received. *
III. And be it further enacted by the authority aforesaid, That it shall and may be lawful
to and for each and every inspector as aforesaid, and each and every of them is and are
hereby required to transmit to the inspector general of this province every three nuintlis
thereafter, a just^ true, and faithful account, to be verified on oath, of all such monies as.
he and they shall collect and receive, under and by virtue of any act of the parliament of
this province, and such inspector and inspectors shall, in one month subsequent diereto,
pay or cause to be paid into the hands of the receiver general of this province, all such
monies as he and they shall have so received.
iV . And be it further enacted by the authority aforesaid. That it shall and may be lawful,
and every inspector is herel)y required to furnish quarterly, on the first day of the gene»-
ral f)uarter sessions, to the clerk of the peace, an accurate list of all still, shop^ and tavern
licenses, issued by him during the preceding quarter, in order that the same may be laid-
before the justices in quarter sessions, in their respective districts assenAled.
V. And be it further enacted by the authority aforesaid. That the eleik of the peace
in each and every district within this province, shall, on or before the first day of May
Digitized by VniJOVJ IC
Paheiambht.] C. 4, 6.~JPiRY^8iXTn Ybab or Obobob IIL— 1816.
Md His- twentiefh day of Pebniary, in each and ererj year, transmit to the inspeetor
general of this ]Mfovince| a certified copy of such lists, as aforesaid, to be laid befcnre Uie
house of assembly of this jHrovince, for which the said clerk of the peace shall be entitled
to reoeive the sum of two pounds, to be paid out of the rates and assessments levied, or
hereafter, to be levied, raised, and collected within such district
Viv And be it further enacted by the authority aforesaid, That if any inspector, as
aforesaid, shall neglect to transmit such account, or pay over to the receiver general, as
afioressM, such monies so by him received and collected at the different periods, and in
flttcli manner as by this act is required, he shall, for every such neglect, forfeit and pay
the s«ffli of one hundred pounds, lawfid money, to be recovered by any person who smdl
sue for the same in his Majesty's court of his bench, in this province, by action of debt,
bill, plaint, or information, wherein no essoin, protection, wager of law, or more than one
fanparhnee shall be allowc^d, one moiety of which sum shall be paid to the person who
shdl sue for the same, and the other into the hands of the receiver general of this pro-
vince, to the use of the King's Majesty, his heirs and successors, for the public uses of
this province, and support of the government thereof, to be accounted for to his Majesty,
through the commissi<merB of his treasury for the time being, in such manner and form as
bis B&jesty, his heirs and successors, shall be graciously pleased to direct.
litoTMivnailMitr
Fcbnary la each year,
to truunit to tho ia-
apeetor cMienil, aeai^
tSaedeopjorivch liat
aa aforMaid, for wMeh
tike aaid eleik of ths
peace sball receire j^
ESvery inspeetor wlao
•haUnotmake the aaid
retuniB, or pay OTCr the
monev as afoceaaid.
ahaU Weit iSlOO.
A moiety to be paid tc
the peraon aoingiDr tkc
aame, aad the other t»
the leeciTer geneiaL
How to he teeoQuted
for.
Chapter IV.
An act farther to continue an act passed in the thirty 4hird year of his Majesty^ s reign,
entiiledj ^^An act to provide for the appointment of returning officers of tht severed
counties within this province.^^
[Pasaed Mareh 22, 181S.]
Whxk£A9 an act passed in the thirty-third year of his Majesty's reign, entitled, " An
act to provide for the appointment of returning officers of the several counties within this
province," which act has since been continued by several laws of this province which will
shortly expire ; and whereas it is found expedient to continue the said act ; be it enacted
by the King's most excellent Majesty, by and with the advice and consent of the
le^slative council and assembly of the province of Upper Canada, constituted and assembled
by yiitue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^ An act to repeal certain parts of an act passed in the fourteenth year of his Ma-
jesty's reiffij entitled, ^ An act for making more effectual provision for the government
of Ae province of Quebec, in North America, and to make further provision for the
government of the said province,'" and by the authority *of the same, That the said
act of the thirty4hird year of his Majesty's reign, and every part thereof, and every
clause, matter, and thing, therein contained, are by the present act continued for and during
the space of four years, and no longer.
[Ck>ntintied by 69th Geo. Ill, c 23, for four years.]
Preamhle.
(88dOeo.III,el2.)
'Hie met of the 88d year
of hia Majeaty'a reias,
which prorideB for ue
appoinfisieiit of reton-
ing officen, in the ae-
reral eoonties of thia
prorinee, contiiived.
This act to be in foree
for four jeara.
Chapter V,
An act to extend the jurisdiction of the court of requests.
[Paaaed Mareh 22, 181S.]
Whsbbab it will contribute to the conveniency of the inhabitants of this province, to
extend the jurisdiction of the court of requests ; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
aaaemMy of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
set to repeal eertain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the province
ef Qoebec, in North America, and to make further provision for the government of the
said provinee,' " and by the authority of the same, That the second clause of an act
passed m the thirty-second year of his Majesty's reign, entitled, *^ An act for the more
easy and speedy recovery of small debts," shall be, and the same is, hereby repealed.
II. And be it further enacted by the authority aforesaid, That from and after the first
of Afrfl next, it shaU and may be lawful for every inhabitant within the limits of this
province, who then or thereafter may have any debt or debts owing to him, her, or them,
net exceeding the sum of five pounds, currency of this province, by any person or persons
whatsoever, mhalnting the said |Ht>vince, to cause such person or peraons to be warned or
virtue of his
by a writing under the hand of a justice of the peace, acting under and by
is Majesty's commissim, to be left with some grown person at the dwelling
Preamble.
(82d Geo. III^ e 6.)
2d ehnue of 8U Geo.
Ill, repealed.
After 1st Aprils ISIS^
erery iohabitant har-;
tag any debt, not ex-
ceeding £6 currency,*
due by any person in-
habiting thu provineoi
is authorized to canaei
anch person to be snm^
moned by a writing
signed by a magiatnte, T
Digitized by VnOOQ IC
ae, 7.— Fnmr
9f Mch ponoB, or by
MTMf «f tlM MTTiM «f
flMftflammoM, tike ju*-
tteea of tlM eouii oM
Hrtbanaed to make
•ach orders, doerees.
in, M tfaey shell find
•OBeistent wHh eqnitr.
•ad sBck Olden Bfaail
Iw entered in a book
for that parpo86| ]^ro-
Tided tbnt tAe seidjas-
ticee tball not giye any
jndgment for a larger
■Qm tbaa 40f . nnloM
the MUOM fhall hare
by tha
Htoftha
nt&writiag^or
0lhw proof than tha
oath of the proieentor.
JSq defendant to ba
•ammoned before any
other eonit of reqnests
than that for the divi-
•ioninwhieh rach de-
fendant retidet .
No plea to be holden in
■aia court for a debt at
at«7eni fortpiiitaooa
No exeention to issue
■ntfl forty days after
judgment, if ihe sum
exceeds 40b«
(8ee8UGeo.III,e6.)
house or place of abode of such person or persons, or bjaervice of Ae same on dieperaoa
of such debtor, to appear before the justices of the said court ; and the said justieeB, after
such summons as aforesaid, shall, upon proof of such aummons hairing he«n ao left ac
served, at least four days previous to the day of appearanee, have full power and aiillio«
rity by virtue of the said act, to make, or cause to be made, such acta, oideo^-deoreea^
judgments, and proceedings, between such plaint^ and his, her, or their debtors, defen-
dants, touching such debts not exceeding the sum of five pounds, currency of tibia prnnace^
in question before Uiem, as they shall find consistent with equity and good cixumenee, and
all such acts, orders, decrees, judgments, and proceedings, shall be entered in a bocJc to
be kept for that purpose : Provided always. That nothing herein contained shall extend
or be construed to extend to authorize such justices, as aforesaid, to give any judgment Cor
a laiger sum than forty shillings, lawful money of this province, unkss the same shd
have been previously ascertained by adcnowledgment of the defendant in witting, or other
proof than that of the oath of the prosecutor, and, Provided ako, That nothing in this
act contained shall extend, or be construed to extend, to authmixe the summoning of any
defendant or defendants before any other court of requests, within any district or county^
other than that which shall be established by the magistrates in quarter sessions, as by
law directed, for the division in which such defendant or defendants shall, at the time of
issuing such summons, be resident.
III. Provided always, and be it furttier enacted by the authority aforesaid, ThatnoHkm^
in this act contained shall extend, or be construed to extend, to authorise the holding plea
in such court for any debt contracted at a tavern for spirituous liquors, or for any gambling
debt whatever.
IV. And be it further enacted by the authority aforesaid. That no writ of execution for
seizing and selling effects, shall issue until forty days after judgment has passed, where
the sum exceeds forty shillings.
Chapter VI.
An act to provideyfar a limited time^ far the appatntmeni of a provincial aid-de-ctm^
within this province^
T^wmUde.
Out of the rates and dn-
ties already leried, or
iMreafter to be leried
for the use of this pro-
Tlaee, £166 i^rantedto
his Bujesty, to be paid
to the adjutant general
of militia, in addition to
the salary now allowed
byhiw.
Thit said £166 to be
payable from the Kth
of March, 1816.
The gOTemor to iasne
hUwarmnt to the re-
eeiyer general of this
province for the pay-
ment of such salary as
aforesaid, half jrearly/
The said receiver ge^
nenJ shall account to
his Majesty for the
iame throng the lords
eommissioners of tha
treasury.
This act to eontinae in
Ibrce for four years.
(See 48th Geo. HI, e
I,s6,ac8.)
^ Chapter VII.
j^ act for making further and more ample provision for the adjutant general of tha
militia of this province.
[Passed March 22» 1S16.]
Whereas it is expedient to make farther and more ample provision for the adjutant gene-
ral of the militia of this province ; be it enacted by the King's most excellent Majecfty,
by and with the advice and consent of the legislative council and assembly of the provinee
of. Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for maJdng more
effectual provision for the govemm^t of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority of
the same, That from and out of the rates and duties already raised, levied, and coUeete^
or hereafter to be raised, levied, and collected, to and for the uses of this province, Aere
be granted annually to lus Majesty, his heirs and successors, the sum of one hundred aad
sixty-five pounds, to be paid to the adjutant general of the militia of diis province, fin* the
time being, in addition to the salary now allowed by law, whieh said sum of one hundred
and sixty-five pounds shdl commence and be payable from and after the twenty^fifth dajr
of March, one thousand eight hundred and fifteen*
II. And be it further enacted by the authority aforesaid, That it shall and may be lawfid
for the governor, lieutenant governor, or person administering the government of tin pro*
vince, from time to time, to issue his warrant or warrants to the reeeiver general of this
province, for the payment of such siAary, as aforesaid, half yeariy, and the said reeeiver
general shall account to his Mqesty^ his heirs and successors, for the same, through the
lords commissioners of his Majesty's treasury, in such manner and form as his Ma^ty^
his heirs and successors, shall be graciously pleased to direct.
IIL And be it further enacted by the authority aforesaid, That this act be and conttmie
in force for and during the term of four years.
Digitized by
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•]
a 8, 9^ 10» 11, ISL-^iarw^msm Vjbui m Gimmb UL--1816.
Cbapter VIII.
Anaett9 rwwe and ctmtkme on m< pa^ed in the fortff'^mtmd year of his Majest^a
reignj mKUed, ^^ An ad to enable the gaeemer^ Ueaienata gavemoTj or person adrnt'
niSering the gaeemment of this provincsj to appoini one or more additional port or
pariSj T^ace or places of entry ^ wiUmm this proeineej and to appoint one or more col'
Isdars ai the samerespeetifoeiy.^^
[BsTiTEi Airo coHTunrss 4Md Qmo. Ul, Cb. 4, roK rovm tbabs.]
(See 41st Geo. Ill, e
0,aBd48d,e&)
Chapter IX.
Anaetiopromde far the remuneration of the honorable WiOiam Dummer Powell^ for
certain services rendered to this province*
: to be annroprieted in remimentiiig the Immi. W. D. P6weU, for seryiees rendered this
igtttUs to lends within tlie I
C£K»Osnnted toUsM^ty;
. ^ — ^1^ —
]
Chapter X.
An ad fo rq^eai part of and to continue and amend an act^ passed in the fifty-fourth s^q^q^, ni, eio, St
year ef iks M(gesty*s reignj entiOedy *^ An act for granting to his Myesty an addi- wt)^ e 2,'s 1/
UonaliiUy on shop and tavern licenses.^^ (8ee6echGeo.iu»e].)
[Rbpsaud nv S9th Gso. Ill, Ca. % Sec. 1.]
Chapter XI.
An ad to continue and amend an act passed in the fifty-second year of his Majesty^s
reigny entiUedj ^^ An act to prevent damage to travellers on the highways in this pro-
vines.''
[Passed Mereh 22, 1816.]
Whsbkas an act of the parliament of this province, passed in the fifty-second year of
bis Majesty's reign, entitled, ^^ An act to prevent damage to travellers on the highways in
tins provincei*' will shortly expire, and whereas it is found expedient to continue and
ajnenid the saia act ; be it enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of tBe province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteejiith year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of
the^ s^ine. That the said recited act of the partiament of this province, and every clause,
BSatter, and thing, therein contained, oth^ than the fourth and sixth clauses thereof here-
joafter repealed, is hereby continued, and declared to be in foil force and effect.
U. And be it further enacted by the authority aforesaid, Thsi from and after the passing
of this aet, tbe Sfid fourth and sixth clauses of the said reeited act of the parliament of this
prosrime, and every matter and thing in such clauses contained, shall be repealed, and the
Q«n» axe repealed accordingly.
ilk And be it further enacted by the authority aforesaid, That one moiety of all fines,
fofi^tifmSy and penalties, levied and collected under and by virtue of such part of the said
w^ted |i«t as is hereby continued^ shall be paid to the person informing, and the other
^MM^ty to the receiver generd of this province, on or before the first day of October in
enoh en4 ^very yesr, for the support of the civil government thereof, to be accounted for
to his Majesty, his heirs and successors^ through the lords commissioners of his Majesty's
tresaqry, for the time b^ng, in such manner and fonn as his Majesty, his heirs and succes-
Mmskj sImU be graciously pleased to direot.
. IVt . Alid be it further enacted by the authority aforesaid, That this act shall be, and
Qontiiiue t<> be in fovee, for and during the term of four years, and from thence to the end
of the thep next ensuing session of parliament, and no longer.
PreemUe.
(62dGeo.ni,e4»fint
• )
62d Geo. Ill, to I
in foil foree, other than
the4thand0Uic
4th and SUi elanses of
62d Geo. IU,repeeled.
Penalties how to be
paid and aecoantedfor.
Continuance of this net*
(This clanse repealed
by 60th Geo. IIi; e 17,
bj if^ieh this net ir
continued.)
Cbapter XII.
An act granting reUefto Catharine McLeod.
Digitized by
Google
C. IS, 14» 16, 18.--FiftnrHnnH YsAm 4» Gmbas IiL—1816.
{Fanm
Caiapter XIIL
An ad granUng reUrf to CharMU OverhM.
[PklTATS.l
Chapter XIV.
An ad to extend the limits of the town of Niagara^ in the distrid of Niagara^,
[PMMd March 22, 1816.]
Whsreas it appears expedient and necessary, from various circumstances, to extend
the limits of the town of Niagara, in the district of Niagara; be it therefore enacted bj
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
AH tet tract of fauid virtue of and under the authority of an act passed in the parliament of Great Britain,
■ituatA within the foi- entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his
!2ri<Sf 1l**h2«b^^ Majesty's reign, entitled, * An act for making more effectual provision for the ^vemment
etaredtobeinthetown of the province of Quebec, in North America, and to make further provision for the
of Niagara, yiz. government of the said province,' " and by the authority of the same. That all that] tract
of land lying and being situate within the following described boundaries, be and is hereby
declared to be the town of Niagara, videlicit : commencing at Massesagua point, thence
westerly along lake Ontario to Crookston, thence along the rear or town line of Niagara
to the Black swamp road, thence along the eastern limit of the lands of the late Thomas
Butler, esquire, deceased, and the lands of Garrit Slingerland, to the northwest an^e of
the lands of John Eccleston, thence easterly to where the lands of WUliam Didison,
esqr ^, and the late Martin M'Lennon, deceased, come in contact, thence east along the
northern boundary of the lands of the said Martin M'Lennon, deceased, to the river
Niagara, thence northerly down said Niagara river, to the place of beginning.
Daaeription.
Chapter XV.
An ad to provide for the contingent expenses of both houses of parliametUy duris^
the last session, and for other purposes therein mentioned.
PreamUc
The gCTBnior, fte.
within two yean to is-
•ae commiMion or
eommiMions to anj five
perfona, to inquire of
any deeds, Ite. alTeetF
but anT hmdf, he
wnhin ue diatrict of
Niagara, and to receiTe
pfOM thereof.
Chapter XVI.
An ad to afford reU^ to persons holding or possessing totufo, tenements, or heredUor
ments, in the distrid of Niagara.
[PiMedManh8i,lflBHt)
Whebxas manydeedp, conveyances, wills, mortgages, leases, and other mesne c^onvey-
ances, affecting certain lands, tenements, and hereditaments, within the district of Niagara,
and the memorials of other deeds, conveyances, wills, mortgages, leases, and other mesne
conveyances, affecting other lands, tenements, and hereditaments, within the said district,
and also the books wherein such memorials were enregistered, pursuant to the provisioitt
of an act passed in the thirty-fifth year of his Majesty's reign, entitled, ^^ An act fiir the
public registering of deeds, conveyances, wills, and other incumbrances, which shall be
made, or may a&ct any lands, tenements, or hereditaments, within this province," were
during the late war with the United States of America, taken, burnt, lost, or destroyed,
to the great damage of his Majesty's liege subjects in this province ; and whereas it i^
necessary to the peace and quiet of his Majesty's said subjects, to the maintaining them
on their estates, riehts, and possessions, and their protection asainst frauduleiit convey-
ances of such lands, tenements, and hereditaments, that remedy be therefore provided;
may it therefore please your Majesty that it be enacted, and be it enacted by the Kii^s
most excellent Majesty, by and with the advice and consent of the legislative coundl ttM
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the pariiament of Great Britain, entitled, ^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, en*
titled, ^ An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same. That it shall and may be lawful to and for
the governor, lieutenant governor, or person administering the government (^ this pro*
vince, for the time being, from time to time, and at any time within two years fixmi and
afler the passing of this act, to issue one or more commission or commissions, under the
Digitized by VrjiJOV IC
I^MHUuia&irr.]
C. 16.~F€My-8iZTe Y^mm ov Gmmj: 111.-^1816.
W*
Penont poitetfed of
an^ land«, &c. within
Mid district, who have
lost the deed under
which he, Blc. thmXL
chum, and ihall make
oath before laid com-
missioners that in luch
caie if a memorial, &q.
•hall be found in the
register's office of the
copy of such
, ftc^froDi'the
gmi ieal of tbis proniiee, direeted lo any five fit and disareet peraoDs, which said com-
miasioiiera, or any three of them, shall have iiiU power aad mitl^rity to inquire of siioh
deed, ooBveyance, wfll, moitgage, leaae, or btiier mesne iaeumlNraDce, affecting any lands,
tenenaenta, or hereditaments, within the said district, so taken, burnt, lost, or destroyed,
as afovesaid, ud to lake and reeeire proof and evidence thereof, and thereupon to pro-
ceed in manner hereinafter directed.
II. And be it further enacted by the authori^ aforesaid, That if any person or persotis
who is or are possessed or seized of and in any lands, tenements, or hereditament^, within
the said district, who shall, so as aforesaid, have lost the deed, conveyance, will, mortgage,
lease, or other mesne conveyance, under which he, she, or they shall claim, and shall
thereof make oath or affirm before the said commissioners, or any three of them, which
oath or affirmation they are hereby empowered to take and adnunister, that then, and in
such case, if a memorial, record, or probate of such deed, conveyance, will, mortgage, ^ ^^
lease, or other mesne conveyance, shall be found in the register office of the counties of c^?iuils of Li'nco^
Lincoln and Haldimand, in the said district, or in the office of the redster of the surro- Sct'olr^n^h'e"**'^ u»
gate court thereof, the party claiming under such deed, conveyance, will, mortgage, lease, of tKe^suno^r^urt
or other mesne conveyance, shall produce an attested copy of such memorial, record, or Sl'^dei^^J^dSl"
probate, from the register of the said offices respecting to the said commissioners, which i^c, shall produce an
said conuttissioners, the same attested copy shall cause to be transcribed, entered, and
recorded, in a book or books to be provided in a manner hereinafter mentioned, and shall
on such copy cause to be endorsed a certificate of such entry and record, and such copy
so endorsed, or the entry or record thereof so made, together with the actual possession
of the party claiming under such deed, conveyance, will, mortgage, lease, or other mesne !crib^^^ a book, to
conveyance, shall be held, deemed, esteemed, and taken in law to be good evidence of J« prorided in ^^
the title in the party claiming, until better evidence shall appear : Provided nevertheless, and^shaiion such copy
That when any person or persons shall so, as aforesaid, have lost the deed, conveyance, *■'*•* to be endorsed a
will, mortgage, lease, or other mesne conveyance, under which he, she, or they may
claim any such lands, tenements, or hereditaments, whereof no memorial, recotd, or pro-
bate can be found in such offices as aforesaid, and the party claiming make oath or affirm
before the said commissioners, or any three of them, which oath or affirmation, they
are hereby empowered to administer and take, that the deed, conveyance, will, mortgage,
lease, or other mesne conveyance, under which he, she, or they claim, hath been bona
fide lost or destroyed, and shall by other testimony or evidence prove that he, she, his,
her, or their ancestor, or other person under whom he, she, or they shall claim, have been
in the actual, undisturbed, and peaceable possession of the lands, tenements, or heredita-
ments, claimed by and for the space of three years then next before, or shall by the witness
or witnesses to such deed, conveyance, will, mortgage, lease, or other mesne conveyance,
or other parole or written evidence, prove the substance, matter, import, and effect thereof,
that then and in such case, the said commissioners, or any three of them, the said matter,
evidence, and proof, shall cause to be made an entry of, set down in writing, and recmrded
in such hook or books, as aforesaid, the description of the lands claimed, the name of the
township and county wherein situated, and the name, addition, and place of abode of the
party claiming the same, which said entry and record so made by the said commissicmers,
or an attested copy thereof, shall be held, deemed, esteemed, and taken in law, as good
evidence of title in the party claiming, until better evidence shall appear : Provided also,
That such entry and record, or copy thereof, shall not be taken, held, or construed to
extend, to bar him, her, or them, or the heirs of him, her, or them, who at the time of
making thereof had better title ; but every such other person or persons and his, her, or
their heirs, then living and residing within this province, may at any time within seven
yeara after making such entry and record, have, pursue, and prosecute his, her, or their
title at Jaw, notwithstanding such entry and record, which shall not be given in evidence
io bar him, her, or them, or the heirs of him, her, or them, that at the time of making
thereof had better right, and who shall pursue the same within the time aforesaid, saving
also to infants, persons of non-sane memory, femes coverts, and persons beyond the seas,
or residing without this province, the right of so pursuing and prosecuting their title at
law, at any time within three years next after they sludl become of full age, of sane
memory, non-covert, or shall come into this province.
III. And be it further enacted by the authority aforesaid. That the said commissioners,
or any three of them, shall provide fit and sufficient books of record wherein to set down,
enter, and record, all proceedings had before them in the execution of the said commis-
sion, and shall have full power and authority to nominate and aj^int some fit and proper
person to be clerk or secretary of the said commission, whose duty it shall be to fully,
fairly, and truly to enter, set down, transcribe, and record, in such book or books as
aforesaid, all proceedings of the said commissioners, or any three of .them, and the nature
and efieel of such written or other evidence as shall c<wie before, them, and who, before Dntyof iwddeife.
entering on such duty, shall take and subscribe the f oUowii^ oath :
attested
memorial,
register of the said of-
fices respeetirelr to
said commissionerf ;
the same attested copy
shall cause to be 1
a
canse to be endori
Certificate of such eoK
try, which, with the
possession of the claim'
ant under sueh deed,
Itc. shall be «;ood eri-
denceofhis title, until
better evidence shall
appear.
Any person wl
have lost the deed,&e.
under which he may
elaim sueh landa, iic,
whereof no record eaa
be found in such offices
AS aforesaid, and make
oath before said eosH
nissioners that Umi
deed, Ac. hath becfl
bona fide lost, and thai
he has been in the ae*
tual possession of tha
lands claimed, for three
years, or shall by tha
wiUMS^es to such deed
Itc. prmre the sub-
stance thereof, the said
commissioners shall
canse to be made ao
entry in such books as
aforesaid.
Such entry and record
not to extend to bar
him. See. who at the
time of making thereof
had better title, but ev-
ery person, &c. resi.
ding within this pro-
Tince, may, within se-
ven years after sueh
entry, pursue his tiUe
at law,notwithstanding
snbk entry shall be riv-
en ia evidence to Mr
him, that at the time of
making fhereofhad bet-
ter right
Commissionen to pro-
vide books of recordf
.wherein to sei down
all pi«>ceedings#
Also to
clerk to
sion.
nomimite a
s#idconuni»'
25
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<«8
C. it.—Ptrtr-uxxn Ysak or OBOwm IR.— 1816.
[Fi
OwOk of Mid clcffc.
Cleric to adminUter
oath to commutionen.
Oath of conuniMioneri.
Notice to be gi^en of
the time and place of
hoUing said commis-
•iona.
Power of commiiiioii-
en to cause to eome
before them anypersons
to giTC eTidence, to be
•ct in writing.
Money t« be paid to
witnesses.
No eridenee, Ite. af-
feeting any lands shall
ha admitted, as afore-
said, unless proof be
adTaneed that a snfli-
description
writing,mentioning and
letting forth the knds
and the description of
the persons elaiming,
ahall hare been affixed
op in the register's of-
fice, of said counties,
Ilc. at least one month
before the sittingof said
eonunission.
For prerenting fraqdj
in eonveyaaces, &c.
Any person who, on the
first day of June, 1816,
I and still i^ in the
lawfol possession of any
such land, Blc. bv vxiu
tue of any deed, sc.
To be endorsed by-ihe
ngister of said coua-
ties.
8ach persons to pro*
dnce such deed, &c.
Name and additions
iie* of the witnesses
and parties to be re-
corded.
A certificate of such
entry to be endorsed.
Sales hereafter to be
made qi such land to
bCTOid.
^* I, A« B., do make oath and swear, that I wfll traljr and faithfidljr diseharge and per-
form the duty of secretary to the commissioners appointed under die authority of an md
of the parliament of Upper Canada, entitled, 'An act to afford relief to persons hoUing
or possessing lands, tenements, or hereditaments in the district of Niagara,' and will make
true records of all proceeding had before the said commissioners, without partiality to
any person whatsoever. So help me God."
And which said clerk or secretaiy, so appointed, shall have power to administer to each
and every of the said commissioners the following oath, to be by them made and sub-
scribed, before entering on the execution of the si^ commission, which oath in the fol-
lowing form shall be written, in such book as aforesaid ;
" We, A. B., C. D., E. F., 6. H., and J. K., do severally make oath and swear,
That we will truly and faithfully discharge and perform the duty of commissioners, under
the provisions of an act of parliament of this province, entitled, 'An act to a£Ebrd relief
to persons holding or possessing lands, tenements, or hereditaments, in the district of
Niagara,' and will cause true records to be made of all proceeding laid before us in the
execution of the said commission, without partiality, favor, or affection to any person."
IV. And be it further enacted by.the authority aforesaid. That no sitting of the said
commissioners shall be held or holden, unless notice in writing of the time and place of
holding the same, subscribed by one of the said commissioners, shall first be affixed up in
the register office of the said counties, and unless the time and place of holding thereof sludl
first in open court be proclaimed at some general quarter sessions of the peace, for the said
district, by and for the space of two months next before the sitting of the said commission.
v. And be it further enacted by the authority aforesaid. That the said comlnissionera,
or any three of them, shall have full power and authority to cause to come before them,
at any sitting so to be holden as aforesaid, any person or persons to give evidence, on
oath, touching the loss or destnlction of any deed, conveyance, will, mortgace, lease, or
other mesne conveyance, affecting any lands, tenements, or hereditaments, within the said
district, or touching or affecting the estate, right, and interest, of any person or persons
claiming the same, and the testimony and evidence, which shall by any such person or
persons be thereof given before the said commission, the said commissioners shall cause
to be set down in writing, entered and recorded, in such book or books to be provided as
aforesaid, which person or persons appearing and attending to give such evidence, shaU be
entitled to demand and receive under rule or order of the said commissioners, from the
party on whose behalf they shall attend, a like allowance as is paid to witnesses attending
the trial of issues in his Majesty's court of his bench : Proviaed nevertheless, That no
such evidence or testimony affecting any lands, tenements, or hereditaments within the s^
district, or the estate, rights, and interests, of any person therein, shall be admitted, taken,
entered, or recorded, by the said commissioners, in such book or books as aforesaid, unless
proof be adduced to the said commissioners that a sufficient description in writing, men-
tioning and setting forth the lands, tenements, or hereditaments claimed, the town, township^
county, or other place wherein situated, and the name, place, and abode of the person or
persons claiming, shall have been affixed up in the register office of the said counties, and
on the door of the court house, or other building wherein a court of general quarter
sessions of the peace shall be holden for the said district, at least one month before the
sitting of the said commission.
VI.^ And whereas for preventing of frauds in conveyances, double mortgages, and other
collusions in the sale and conveyance of lands, tenements, or hereditaments within the said
district, and to the intent that persons minded to purchase, may have notice of any previous
deed or conveyance ; be it further enacted by the authority aforesaid. That when any jperaon
who, on the first day of June, in the year of our Lord one thousand eight hundred and fifteen,
was, now, and still is, in the lawful seizin and possession of any such lands, tenements,
or hereditaments, under and by virtue of any deed, conveyance, will, mortgage, lease, or
other mesne conveyance to him, her or them made, on which is endorsed by the register
of the said counties, that a memorial thereof was enregistered in the register office of the
said counties, and then and in such case, each and every person or persons shall during
the continuance of this act, produce and bring before such commissioners, at their sittings,
such deed, conveyance, will, mortgage, lease, or other mesne conveyance, and the said
commissioners, the said indorsements, the description of the lands, tenenjents, or heredi-
taments conveyed by such deed, conveyance, will, mortgage, lease, or other mesne
conveyance, with the names, additions, and places of abode of the parties and witnesses
thereto, shall cause to be transcribed, set down, written, entered, and recorded, in such
book or books as aforesaid, and shall cause to be endorsed a certificate of such entry on
the same, which certificate shall be taken to be sufficient proof of the original regbtering
of such memorial, and of the record and entry thereof by the said commissioners, and that
every sale or conveyance which shall hereafter be made of any lands, tenements, or
hereditaments, within the said district, shall be held, deemed, esteemed, and taken to be
fiaudulent and void, against purchasers for valuable consideration from any person or
Suns PASKtAMKHT.]
C. 17, 18, t9.—FmY^nvH Yxas or Gmbgi: III.— 1816.
199
persons in the actual possession of the lands, tenements, or hereditaments sold, unless
such eertifieate so as afin'esaid endorsed, shdl be set down, Altered, and recorded in sueh
book or books as aforesaid, before the enregistering of a memorial of such subsequent
deed or conveyance in the register office of the said counties, saving, nevertheless, the
rights of infants, femes coverts, persons of non-sane, memorj, and beyond the seas.
VII. And be it further enacted by the authority aforesaid. That it shall and may be
Iree and lawful, to and for all his Majesty's subjects, from time to time, and at all times,
diuing the sitting <^ the said commission, and between the times and periods thereof, to
search in and eacandne any of the books or records of the said commission, and the entries
therein made as aforesaid, and to demand and receive from the clerk or secretary thereof,
copies, transcripts, and certificates of any such entries, upon payment of such fees as in
like cases are allowed and paid to registers in the several districts of this province.
YIII. And be it further enacted by the authority aforesaid, That at the ending and
finishing of the said commission, the books and reconis thereof, and of all proceedings had
before the said commissioners, subscribed with their names, shall by them be deposited in
the register office of the said counties, to be kept among the records thereof, and that the
entry in such books or record, of a certificate so made and endorsed, that a memorial of
any such deed, conveyance, will, mortgage, lease, or other mesne conveyance, was enre-
^tered in the register office of the said counties, shall be taken, held, esteemed, and
deemed, as fuU evidence of the registry thereof, as if the said memorial and record thereof
had not been lost or destroyed as aforesaid.
IX. And be it further enacted by the authority aforesaid. That in case any person who
shall appear before the said commissioners to give evidence, respecting or affecting any
such cbam or claims, as aforesaid, shall wilfiiUy and corruptly forswear him, her, or them-
selves, or shall therein wUfiilly or corruptly make any false affirmation or declaration, he,
she, or they, shall incur, and be subject to the like pains and penalties as would be incurred
upon conviction of wilful and corrupt perjury in any evidence given in his Majesty's court
of king's bench in this province, on any cause there depending.
Chapter XVII.
An act to repeal part of^ and to alter and amend the laws now in force^ far granting
pensions to persons' disabled in the service^ and the widows and children of persons who
may have been killed in the service^ and to extend the provision of the same.
[RBP£Ai.t 2o Geo. IV, Ch. 4.]
Unlcta eeitified as »>
foraraid, radoned, &0i
To be lawftil for hit
Majeity'i •ubjeeU to
aeiirch the reeordt of
iaid commUiioiien.
The records of all pro-
eeedinn to be deposit-
ed in tne registers of-
fice of said counties.
Persons who shafi wil-
foUy forswear them-
selres, to be subject to
the same penalties as
would be incurred on
conviction for wilful
and eomipt perjury.
(See 60th Geo. Ill, o
Chapter XVIII.
JhocOo authorize and provide for the building of a gaol and court house in the town ^l StS.^h^Gi.'rJ;
of York, in the Home district^ wUhin this province. o^:iv?c"S* ^1£
so, 6th Geo. IV, e 4.)
Pkieamble.
A separate and new
district esUblished, to
Chapter XIX.
An act to erect and form a new district out of certain parts of the Home and Niagara
districts f to be called the district of Gore.
[Passed March 22, 1816.]
Whsbkas from the great extent of the Home and Niagara districts, in this province,
and the increased population of late years in the westernmost part of the said districts, it
hath become an object of serious inconvenience to the inhabitants thereof to attend th6
courts of justice ; and whereas for other weighty and sufficient reasons, it has become _
Expedient to divide the said districts, and to constitute and form a new district out of J« called tCdisSct of
certam parts thereof; and whereas it is expedient that the said new district should enjoy S^lh^ofTnifoi^^
afl and every jurisdiction, privilege, and advantage, now possessed and enjoyed by the Nelsol^Be▼eriy,FIaml
other districts of this province ; be it enacted by the King's most excellent Majesty, by and so'SJch*?/ the 'uS
with the advice and consent of the legislative council and assembly of the province of Upper ^^t^^tS^ortSinud
-.-«-. ^ ^^^^ . -, ^ ^~ ^ ^ i..^ ^ X _ _._A X ___ _ .1 ^^ Dundas street, and
blocks one, two, three,
and four on the Grand
rirer, together with
the resenred lands in
the rear of Blenheim,
and Blanford, and of
the townships of Ben-
brook, Saldleet, Glan-
ford. Barton, and An-
caster, together with
that part of the land in
the county of Haldi-
mand, on each side of
Canada, constituted and assembled by virtue of and under the authority of an act passed in
the parliament of Great Britain, entitled, " An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, *An act for marking more eflFectual pro-
vision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,* '* and by the authority of the
same. That from and after the passing of this act, there shall be formed, constituted, and
established, a separate and new district, to be called the district of Gore, which said district
shall be formed and composed of the townships of Trafalgar, Nelson, Beverly, and Flam-
borough, the latter divided into Flamborough east and west, so much of the tract of land
upon the Grand river, in the occupation of the Six Nation Indians, as lies to the north- . 5«^ Qf^«|^"^^^
igi ize y ^
too
C, Id.^FkFVT'^iXTB Ymam 09 Gmmk III — 1816.
to tb« northward and
westward of B«anfooC
Tillage OB the river
Oiue. to Dundas itreet,
together with the bemeh
at the heed of lake On-
tario, between the oat-
let of Bnriiagtoii bay
and Saltfleet, with the
nromontory between
Barllnfton bay and
Coot's Paradise in the
district of Niaj^anu
ward of Dundas atreet, and bloeka one, two, Areet and four^ on Ae Grand river afiorcMidy
together with the reserved lands in the rear of Blenheim and Blanford, in the west riding
of the county of York, in the Home district, and of the townships of Benbrook, Saltfleet,
Glanlbrd, Barton, and Ancaster,in the.first riding of the county of Lineohi, together with
that part of the tract of land in the county oi Haldimand, on each side of the Grand
river, lying to the northward and westward of Bearsfoot village, on the river Ouse, to
Dundas street, and together with the beach at the head of the Iwe Ontario, between the
outlet of Burlington bay and the township of Saltfleet, with the promontory between
Burlington bay and Coot> Paradise, in the district of Niagara.
ding to
^est ri-
Toronto shall ht at-
tached to the east ri-
ding of the county of
Tortc»aad the residue
of the west ridii
oontinne the wc
ding.
Courts of oyer and terr
Miner, nisi prios, gaol
delivery and or the
peace ; courts of gen-
eral quarter sessions,
district court, surro-
gate court, court of
requests, and every
court whatsoever.shall
be held in and by the
district of Gore.
Gaol and court house
to be erected for the
said district of Gore.
(82d Geo. Ill, c 8.)
R^iulations in that re*
fpect.
Untfl gaol and court
house erected, justices
residing within the dis-
trict of Gore to appoint
a nlace, &c. for the
holding of courts.
No jurisdiction of the
HomeoV Niaeara dis-
trictto extend to the
district of Gore.
II. And be it further enacted by the authority aforesaid, That from and after the passing
of thi9 apt, the township of Toronto shall be attached to, and form a part of, the east riding
of the county of York, and the residpe of the west riding of the county of York shall
from henceforth continue and be the west riding of the county of York.
IIL And be it further enacted by the authority aforesaid, That the courts of oyer and
terminer, assize, nisi prius, gaol delivery and of the peace, courts of general quarter
sessions of the peace, district court, surrogate comt, court of requests, and every court
and jurisdiction whatsoever held or to be held, possessed, and enjoyed, in and by the other
districts of this province, shall from henceforth, with the like powers and authorities, be
held, possessed, and enjoyed, in and by the said district of Gore, and that all and every
f'lirisdiction, regulation, rule, privilege, exemption, matter, or thing, ^hich hath or have
>een enacted, provided, and declared, or shall be hereafter enacted, jM*ovided,'and declared,
by any act or acts of the parliament of this province, made or to be made, touching or
concerning the said other districts, shall be and are hereby extended to that district, umess
otherwise provided for and declared by this act, and that courts of oyer and terminer,
assize, nisi prius, and gaol delivery, shall first be held, imless unde^ special commission,
in and for the said district of Gore, during the circuit of the judges of bis Majesty's court
of king's bench through this province, in the year of our Lord one thousand eight hun-
dred and sixteen : Provided nevertheless. That if anv cause of action hath arisen or shall
arise, and any action thereupon hath been or shall be commenced, or any indictable
offence hath been or shall be committed within the said district of Gore, which said action
or indictable offence by due course of law might have been brought to issue and trial, if
the said district had not been erected and constituted at the next assizes, to be holden in
and for the Home district, or in and for the district of Niagara, it shall and maybe lawful,
as heretofore, then and there to try the said actions and indictments, any thing herein
contained to the contrary notwithstanding.
IV. And be it further enacted by the authority aforesaid. That a gaol and court house
for the said district of Ck>re shall be erected and built in some fit and convenient place, on
lot number fourteen, in the third concession of the township of Barton, to be called the
town of Hamilton, in such manner and under the same rules, regulations, and directions,
as in that respect are made and provided in and by a certain act, passed in the thirty-second
year of his Majesty's reign, entitled, " An act for building a gaol and court house in every
district throughout the province, and for altering the names of the said districts," and tha^
all and every the clauses, provisions, rules, regulations, matters, and things, in the said
last recited act contained, shall under the same penalties as therein are contained, in all
cases, and in respect to all persons, extend and be extended to the district of Gore
aforesaid. #
V. Provided nevertheless, and be it further enacted by the authority aforesaid. That
until such time as the said ^aol and court house, in and for the district of Gore aforesaid,
shall have been erected and built, whether out of the fund produced by the district
assessments and rates, or otherwise, it shall and may be lawful for the majority of
his Majesty's justices of the peace, residing within the said district of Gore, to appoint
some place therein, for holding the courts of general quarter sessions of the peace, and
of all other courts held at a place certain in the said other districts of this province ; and
whereas the said townships of Trafalgar, Nelson, Flamborough east and west, Beverly,
Benbrook, Saltfleet, Glanford, Barton, and Ancaster, blocks one, two, three, and four,
with the said other lands now constituting the district of Gore, did heretofore belong to
and constitute a part of the Home and Niagara districts of this province, and were sub-
ject to the jurisdictions, powers, and authorities of the said districts ; be it therefore
further enacted by the authority aforesaid. That no jurisdiction, power, or authority, of
what nature or kind soever to the said Home or Niagara district at this time belonging
and appertaining, shall extend or be construed to extend to the said district of Gore :
Provided nevertheless. That nothing herein contained shall affect, change, or in anywise
invalidate, the jurisdictions, commissions, powers, and authorities, which heretofore were
Digitized by VrjiJOV IC
PAftUUKSHT.]
C. 10.— FurrvHincsB Yua ow Qm^B^m IH/--1816.
s^w
oteUished, pQ9fle98ed^ aad exercised, in tbatmit of the md provinee, which before the
erecting and constituting the said district of Grore, fonned and constituted the Home and
Niagara diatricts ; and that all acts, matters^ and things, which have been lawfully done
under and by virtue of the said jurisdictiona, conunisaons, powers, and authorities, within
the said districts, so far as respects the validity of the authority under which the same
have issued and are constituted, previous to the erecting and constituting of the said
district of Gore as aforesaid, and all acta, matters, and things, which shw be lawfully
done under and by virtue of the same, in that part of the province, which now formsand
constitutes the Home and Niagara districts, so far as respects the validity of the authoritv
under which the same have issued and are constituted, since the said district of Gore hath
been so erected and constituted, shall be held to be valid and good in law, to all intents
and purposes whatsoever.
YI. And be it further enacted by the authority aforesaid. That his Majesty's justices
of the peace, and other persons bearing lawful authority, residing within the said district
of Gore, shall hold, enjoy, and exercise, the like authority, power, and jurisdiction, within
that district, at the times and in the manner which they heretofore held, enjoyed, and
exercised, within the Home and Niagara districts, before the erecting, constituting, and
declaring of the said district of Gore, or which is held, enjoyed, and exercised by his
Majesty's justices of the peace, and other persons bearing lawful authority in the other
districts of this province, provided that the authority, power, and jurisdiction, heretofore
exercised by his Majesty's justices of the peace, and other persons bearing lawful autho-
rity, residing within the said district of Gore, shall not in any wise be exercised or continued
within that part of this province now constituting the Home and Niagara districts, but the
same within those districts shall from henceforth cease and determine.
YIL And be it further enacted by the authority aforesaid. That the assessments and
rates levied or to be levied for this current year of our Lord one thousand eight hundred
and sixteen, within the said district of Gore, shall be applied and exp«>ded for the like
purposes w^^n that district, as they now are or may be applied and expended under and
by virtue of any act or acts of the parliament of this province, made or to be made in tint
other districts of this province.
VIII. And be it further enacted by the authority af(»resaid. That the residue of the
Home district shall from this time henceforth constitute and form the Home district, and
the residue of the Niagara district shall be and remain the district of Niagara.
IX. And be it further enacted by the authority aforesaid. That nothing in this act con*
tained shall extend, or be construed to extend, to prevent or make void any of the provi-
sions of an act pasaed in the jMresent session, entitled, ^^ An act to afiind relief to persons
holding or possessing lands, tenements, or hereditaments, in the district of Niagara," and
that the commissioners hereinafter to be appointed under the aforesaid act, shall have the
same authority therein given, in that part of the counties of Lincoln and Haldimand, aa if
the aame were still a part of the said dbtrict of Niagara, any clause, matter, or thing, herein
eontained, to the contrary notwithstanding.
X. And be it further enacted by the authority aforesaid. That bcm and after the passii^
of this act, the block number one, on the Grand river, shall be known by the name of the
township of Dumfries, block number two, by die name of the township of Waterloo, blod^
number three, by the name of the township of Woolwich, and block number four, by the
name of the township of Nichol.
Jttftieefl of ik» pem
residiiu: within Um dis-
trict oTGore, challttK*
ereite the iike author^
ty within that district
in mummr h«r»toAm
h«ld within theHoM
and Niagan diatriet.
(Mh Geo. Ill, e 16.)
Bloek No. 1, on eie
Grand rirer, named
township of Dumlriea.
No. 2, township of
WeUinjg;ton.
No. 8, township of
Wwrfwich.
No. 4, township of
Nichol.
Saltfleet. Barton, Bea-
hrook,GIanford, Ancas-
ter, and the b^h be-
tween Burlington baj
and lake Ontario, and
the promontory near
Coot's Paradise, and so
XI. And be it further enacted by the authority aforesaid. That the townships of Saltfleet,
Barton, Benbrook, Glanford, Ancaster, and the beach between Burlington bay and lake - , — --
Ontario, and the promontory near Coot's Paradise, and so much of the county of Haldi- SakUmM^V^Se*^'*^
mand as lies between Dundas street and the Onondaga village, commonly called Bearsfoot,
including said village, shall from henceforth form and be called the county of Wentworth,
and the residue of the county of Lincoln and the residue of the county of Haldimand shall
from henceforth be and remain the counties of Lincoln and Haldimand respectively.
XII. And be it further enacted by the authority aforesaid, That the townships of Tra-
falgar, Nelson, Flamborough, the latter divided into Flamborough east and west, Beverly,
and blocks number one, two, three, and four, on the Grand river, with the reserved lands
in the rear of the townships of Blenheim and Blanford, do constitute and form the county ^^^ „«.„„„. ^ .„.<
of Halton, and the residue of the county of York shall be and remain the county of York, the eomty'of^aitra^^
tween I>andas street
and the Ononda^ yil-
h^, including said Til-
lage, shall from hence-
forth be called the coun-
tr of Wentworth: And
ine residue of the coun-
ty of Haldimand anil
Iiincoln shall reasain
the counties of Hsldi-
mand and Lincoln.
Trafalgar, Nelson,
Flamboronrii east and
west,BeTerly,& Uoeka
No. 1, 2, 8, and 4, on
the Grand rhrer, wHh
the reserved lands in
the rear of Blenheito
and Blanford, to foim
)rk. the county of Halton. T
Digitized by VniJOV IC
C. 90,21,S2,ira.^Frrnr-«»m Ybab or Obobob m.— 1816.
[FkR«
Xni. And be it further enacted by the authority aforesaid, That the counties of Went-
IVt
ikm iiftriet of Oora. worth and Halton do constitute and form the district of Gore.
C8m astk Gm. iu. o
Chapter XX.
An act granting rdirf to several inspectors tvitkin this province^
<8M6MhG«>.IUL 9d
M••ioi^ wad 401 Qm.
Chapter XXI.
Jn od to revive and continue^an act passed in the fifty-second year of his Mcgesiy'^s
reignj entiiledy ^^ An act to continue and amend an act passed in the forty-eighth year
of his Majesty^ s reign j entitled^ an act to continue an act passed in the forty^fifth year
of his Majesty^ reign^ entitled^ an act to afford relief to those persons who may he
enlitled to claim lands in this province^ as heirs or devisees of the nominees of the
croton^ in cases where no patent hath issued for such landSy a/nd further to eadtend the
benefit of the said actj and to continue part of the sameJ^
[RSTITES ARB COHTIirnEt FOR FOUR YKABSy 52D GsO. Ill, Cb. 9, FIRST fSMIOK.}
■BMnlly tb«
MMor£«OfariheiR-
«rMM of the nlRiiM
•rihsoAMn oT the
(8M«tkG«iJII,e6.)
IV MOMykoirto be
p«M Md aeeettBted for.
Immrm to niariee to
bceene pejtMe from
MdellerSelftorjo-
MMiy !■ the praeeat
oTtUeeet
Chapter XXIT.
An act to increase the salaries of certain officers of the legislative council and house of
assembly.
[Pkf ted April l,]Sia]
Most gracious Soybrbion:
Whereas the salaries now allowed by law to certain officers of the legislative councfl
and house of assembly, are not sufficient, it is therefore expedient that the salaries of the
•aid officers should be increased ; be it therefore enacted by the King's most exeeHent
Majesty, by and with the advice and consent of the legislative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled^
* An act' for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same, That from and out of the rates and duties
already raised, levied, and collected, or hereafter to be raised, levied, and collected, to
and for the uses of this province, there be granted annually to his Majesty, his heirs and
successors, the sum of four hundred and seventy pounds, to and for the Uses hereinafter
expressed ; that is to say, the clerk of the legislative council, one hundred pounds ; the
usher of the black rod, fifty pounds ; the master in chancery, attending the legislative
council, fifty pounds ; the chaplain of the legislative council, fifty pounds ; the door keeper
of the legislative council, ten pounds ; the clerk of the house of assembly, one hundred
pounds ; we sergeant at arms, fifty pounds ; the chaplain of the house of assembly^ fifty
pounds ; the door keeper of the house of assembly, ten pounds ; for the time being, in
addition to the sums heretofore granted to and for the uses of the said officers.
II. And be it further enacted by the authority aforesaid. That the monies hereby
granted to his Majesty for the payment of salaries to the officers hereinbefore mentioned,
shall be paid by the receiver general, in discharge of such warrant or warrants as shall for
the purposes herein set forth, be from time to time issued by the governor, lieutenant
governor, or person administering the government of this province, for the time being, and
not otherwise ; and the said receiver general shall account to his Majesty for the same,
through the lords commissioners of his Majesty's treasury- for the time being, in such
manner and form as his Majesty shall be graciously pleased to direct.
IIL And be it further enacted by the authority aforesaid. That the increase to the sala-
ries heretofore mentioned shall take effect and become payable from and after the first day
of January in the present year.
IV. And be it further enacted by the authority aforesaid. That this act shall be and
continue in force for the term of four years, and no longer.
Chapter XXIII.
S^n^JSni^S't^ -^^ ^^ g/'o^'f^if^S lo his Majesty a sum of money ^ to remunerate certain commissioners qf
mieoBmiMMMwiiiefe- highways in this province, for certain sum>s advanced by them towards the repair of
" "?*!?!?i».?!*/''™ sundry highways within the same.
W..ro^.r, Digitized by Google
SDoni PittBXAMXNT.] C. S4, 86,S6) 8T,98,29»ao,81*--F^m-RzxH Y&ut w Obobos UI.— 18ie. Mt
Chapter XXIV.
Anadtoappropritaeammof money for providing a library for Iht use of the hgistor £880(obeqipn»tiit.
Ifce cowncU and house of assembly of this province. ^^ pw«fcM# foA.
Chapter XXV.
An ad to continue an act passed in the fifty-third year of his Majesty^ s reign, eniiUed,
" Jn ad to facilitate the circulation unthin this province of army biilSy issued by
oMarity oj the province of Lower Canada^^^ and also to continue a certain other ad
passed in the fiftyfowrth year of his Majestfs reign, entitled, ^^ An ad to facOUate
the circulaiion within this province of army bills issued by authority of the province of
Lower Canada.^^
[ExpiRjBD, Mat 1, 1816.]
Chapter XXVI.
An ad for granting to his Majesty a sum of m^mey towards defraying the expenses of
the civil administration of the government of this province.
[Rbpealbd by 1«t Wil. IV, Ch. 14.]
Chapter XXVII.
An ad to increase the salary of the speaker of the house of assembly, and to remunerate
the present speaker for past services.
[Repealbd bt 2d Geo. IY, Ch. 27.]
Chapter XXVni.
An act for making temporary provision for the regulation of trade bdween this province
and the United States of America, by land or inland navigation.
[EXPIKED.]
Chapter XXIX.
An ad to continue for a limited time the provisional agreement entered into between this
province and Lower Canada, at Montreal, on the fifth day of July, one thousand eight
hundred and four, relative to duties ; also, for continuing for a Umited time^ the seve-
ral acts of the parliament of this province, relative therdo.
[Repealed by 08th Geo. Ill, Ch. 18.]
Chapter XXX.
An ad to appropriate a sum of money for the remuneration of Elizabdh Wrights
[Pkitatb.]
Chapter XXXI.
An ad to amend an ad passed in the forty^ghth year of his Majedy^s reign, entitled,
^ An act to eaepfatn, amend, and reduce to one ad of parliament, the several laws now \
m being, for the raising and training the militia of this protnnce.*^
[PMt6d Aprill, 1816.] . «|
Wbb&cas it is necessaiy to explain and amend an act passed in the forty-eighth year p^^,j^
of his Migesty's reign, entided, ^* An act to explain, amend, and reduce to one act of par- !!^^qJ^ m « l )
liamenty the several laws now in being for the raising and training the militia of this pro- ^ ' * '
▼ince ; be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parlia-
Digitized by
Google
G. aS«-T-FcrnrHBXi« Ybab of Qmmom ifl[.-^1816«
Kodiiiig cottttined in
the third eUute of the
WBt pested in the 48th
year of hit Biajesty's
n^gn, e 1, shall eztoad
to obUce any penoB to
enraUhimaeff in the
Bulitia, onlett auch per-
aoa ia a natnnd born
aobjeety l^e.
Gorenor may iaanehia
wairant in fiiTor of the
adjatant genenl of mi-
litia, for postage of let-
ters, Ite.
All fines or exemption
money imposed hy any
militJn lmr» haw eol-
JnstieeB gnntin^ ainr
wamnt under thu act,
required to direct the
same to the sheriff of
the district.
No mileage beyond the
limits of the township.
Sherilbend treasurers
in the serenl districts
hare a ri|^t to retain
three p<r cent, on mo-
nies coUeeted and truis-
mitted to receiyer gen-
eraL
If any sheriff or treasu-
rer shall not transmit
money collected within
three months, shall not
feoeiye the three per
AH Unea or exemption
money eoUeeted shall
within three months be
tiansmitted to there-
eeirer general.
Certified on oath before
a jnatiee of the peace.
Any magistrate, eom-
msndins; officer, Blc,
who shall neglect to
transmit, to forfeit
ieioo.
AD monies directed to
be paid by this act, to
be accounted for thro'
the lords commission-
ers of his Migestjr's
(8eefflstOeo.III,e7,
and Cech, Sd session.)
ment of Great Britain, entitled, *^ An act to repeal certain parts of an aet passed in the
fourteenth jear of his Majesty's reign, entitled, ^ An set for making more efieetual int>vi-
sion ibr the government of the province of Quebec, inKoith Amerieai and temake fuitiier
provision for the government of the said province,' " and by the authority of the same.
That nothing contained in the third clause of the said act, passed in the forty-eighth year
of his Majesty's reign, entitled, ^^ An aet to explain, amend, and reduce to one act of par-
liament, the several laws now in being for the raising and training the militia of this pro-
vince," shall extend or be construed to extend to oblige any person to enroll himself in the
militia of this province, unless such person is a natural bom subject of his Majesty, or a
subject of his Majesty naturalized by an act of the Britbh parliament, or a subject of his
Majesty having become such by the cession of Canada, or a person who has taken the oath
of allegiance ; but that in all cases, such persons as are not able to be called txpon for the de-
fence of the province in case of invasion, shall be excluded from the rolls oi the nulitia of
the same, any thing in the before mentioned act in anywise to the contrary notwithstanding.
IL [Repealed by 4th Geo. IV, c 6.]
IIL And be it further enacted by the authority aforesaid, That all fines or exemption
money imposed by any militia law heretofore in fc«tse, since the first day of July, one
thousand eight hundred and twelve, and whereby any judgment may have passed against
any person or persons by virtue of such militia law, as aforesaid, and such fine or fines, or
exemption money, may not have been collected, the like powers, authorities, ways, means,
and methods, are hereby given for the collection of the said fines, as other fines are col-
lected by virtue of this act, or any other militia law of this province.
IV. And be it further enacted by the authority aforesaid. That it shall be the duty of aU
justices of the peace, issuing or granting any summons or warrant under and by virtue of
this act, and they are hereby required to direct every such summons or warrant, as afore-
said, to the sheriff of the district, and such sheriff shall not be entitled to any mileage on
such sununons or warrant, as aforesaid, against such person or persons, beyond the limits
of the township where such person or persons shall reside.
y. And be it fiirther enacted by the authority aforesaid. That each and every sheriff,
and each and every treasurer in the several districts of this province, shall hereafter
severally have a rid^t to retain for his use ih^ sum of three pounds for eveiy hundred
poimds, so collected and transmitted to the receiver general, and in die same proportion
for any greater or less sum : Provided always, and be it further enacted by the authority
aforesaid, That if any sheriff or treasurer shall not transmit the money by him so collected,
to the receiver eeneral of this province, within three months thereafter, such sheriff
or treasurer, as aforesaid, shall not be entitled to retain the said sum of three pounds for
every hundred pounds so collected.
y I. And be it further enacted by the authority aforesaid. That all fines or exemption
money heretofore collected under and by virtue of any militia law of this province, either
by magistrates, con^manding officers, sheriffs, treasurers, or other persons, shall within
three months from the date hereof, be transmitted to his Majesty's receiver general, to and
for the public uses of this province, which said fines or exemption monies shall be accom-
panied by a detailed account of the same from the person transmitting them, regularly
ce^^tified on oath before one of his Majesty's justices of the peace, and any magistrate,
commanding officer, sheriff, treasurer, or other person having in their possession such
militia fines or exemption monies, who shall refuse or neglect to transmit the same, as
hereinbefiM'e directed, shall forfeit and pay the sum of one hundred pounds, to be reco-
vered in any of his Majesty's courts of this province, by action of debt, bill, plaint, or
information, wherein no essoin, ixivilege, protection, or wi^r of law shall be diowed, and
only one imparlance, any thing to the contrary in this act notwithstanding.
yil. And be it further enacted by the authority aforesaid. That all such sum or sums
of money, as are directed to be paid by this act, by virtue of any warrant or warrants to
be issued by the governor, lieutenant governor, or person administering the government
of this province, shall be duly accounted for to his Majesty, his heirs and successors, by
the receiver general of this province, through the lords commissioners of his Majesty's
treasury, in such manner and form as his Majesty, his heirs and successors, shaU be gra-
ciously pleased to direct.
Chapter XXXII.
Giants £1000 for the An oct granting to his Maje^y a msm of money to be applied for the emcoumgement of
the cultivation ofhemp^ within this province.
[RsrsAtsD BT 6SrR Gso. III| Cb. 7.]
Digitized by^
caMretioiiof hemp.
Google
Sana FiacLUkuxxn.]
C. ^S, 84. — ^PiFTT-siXTH Tear of Georgk IIf.-^1816.
205
Ciiaivter XXXUI.
An act to regulate the poKce, wUhin the town of Kingston.
[RbpbXlbd bt 4tr Gbo. IV, Cb. 80.]
Chapter XXXIV.
An ad for granting to his Majesty, duties on licenses to hawlcersy pedlars^ and petty
chapmen, and other trading persons therein mentioned.
,{• I [Repealed by 58th Geo. Ill, c 6, s 1.] t^**'"* ^p'^ *' ^^^3
ni. And be it further enacted by the authority aforesaid, That nothing in this act shall
extend, or be construed to extend, to prohibit any person or persons, being British born
subjects, or subjects become such by naturalization, or by conquest, from selling leather,
hollow ware, fanning utensils, or any printed papers, published by authority, they being
the ^owth, produce, or manufacture of this province, nor to hinder any pex^on or persons,
who are the real makers of any goods, wares, or merchandize of the manufactory of this
province, or his, her, or their children, apprentices, agents, or servants to such real work-
ers or makers of such goods, wares, or manufactories, (they being subjects as above,) only
from carrying abroad, exposing to sale, or selling by retail or otherwise, any of the,
said goods, wares, or manufactories, of his, her, or their own making, in any part of
tins province ; nor any tinkers, coopers, glaziers, harness menders, or any other per-
sons, usually trading in mending kettles, tubs, household goods, or harness, whatsoever,
from going about and carr3ring with him, her, or them, proper materials for mending
the same, without having a license as aforesaid, they being subjects as before recited :
Provided also. That this act shall not be construed to extend, to prohibit hucksters or per-
sons having stalls or stands in the markets, in the towns within this province, from selling.
or exposing to sale, without having a license as aforesaid, any nsh, fruit, victuals, or
goods, wares and merchandize, in such stall or stands, they being British subjects as afore-
said, and complying with such rules and regulations of police, as by the justices in their
general quarter sessions of the peace, or by any other authority are or may be established
in such towns, respecting such stalls and stands.
IV. And be it further enacted by the authority aforesaid, That the licenses hereinbefore
mentioned, shall be granted by the governor, lieutenant governor, or person administering
the government of this province, and for every such license that shall be delivered, thei^
shall be paid by the person or persons applying for the same, to the collector, the sum of
three shiDings and nine pence, current money, and no more, for issuing the same.
V. And be it further enacted by the authority aforesaid. That every collector as afore-
said, before he enter upon the execution of his said office, shall take and subscribe the
following oath ; which oath shall be taken before any two of his Majesty's justices of the
peace, in and for the district in which such collector shall reside, who are hereby autho-
rized and required to administer and transmit the same, to be filed in the office of the clerk
of the peace, amongst the records of the said district :
'* I, A. B., do swear, that I will well and truly^Bxecute, do, and perform, the duty of
eollector of his Majesty's revenue, arising on licenses to hawkers, pedlars, and petty
chapmen, and other trading persons, as described by an act passed in the fifty-sixth year
of his Majesty's reign, entitled, ^ An act for granting to his Majesty, duties on licenses to
hawkers, pedlars, and petty chapmen, and other trsuding persons therein mentioned,' and
will duly and impartially superintend the collection thereof, according to the best of my
skill and knowledge, and in all cases of fraud, or suspicion of fraud, that shall come to my
knowledge, I will show no person favor or affection, nor will 1 aggrieve any person from
hatred or ill will ; and that I will in all cases faithfully do, execute, and perform, to the
best of my skill and knowledge, all and every the duties imposed upon me, by the before^
mentipaed act. So help me God."
VI. And be it further enacted by the authority aforesaid. That every collector, acting
under and by virtue of this act, shall within three months from and after the passing thereof,
give security by two sureties, in two hundred pounds each, and himself in four hundred
pounds, current money of this province, to his Majesty^ his heirs and successors, for the
due performance of his office.
VIT )
Vlli ( [Repealed by 68th Geo. Ill, c 3, s 1.]
IX. And be it further enacted by the authority aforesaid. That nothing in this act shall
be construed to permit any person or persons whatsoever, to sell any wine, brandy, rum,
or other spirituous liquors, without first haviqg taken out a lieense for the sale thereof,
agree^ly to the laws of this province.
Ciwet to wbicli fiiu Mt
doea not extend.
Licenses to i>e granted
by governor, lieutenant
governor, &c.
Snmt to be puiil for Mud
Kcente**.
Oath to be tak«nbythe
coUectorii.
Security to be giren by
said eollectora.
26
No person to sell wine,
brandy, ice. vitftout
first having Uktn oat a
license /or the sale
thereof, agreeably to
the laws of this f
vince.
Digitized by VniJO
gle
vf? '
8«iti to rteorer pwuJr
ties under thi* Mt.to
be commenced within
twelre months after the
offence committed.
Penalties for refusing;
to appear to be exam-
inea as a witness.
Penahiet by this act
imposed, how to be
paid and aecoonted for.
Limitation of action for
any thine done in pnr-
snance orthis act.
Pleading and costs.
Cases to which this
act ^k>fiB notezthnd.
Cases where no license
iei
Continnance of this act
(See 6eth Geo. Ill, c
C. S5y d»f—FfrtS:^tfsxB, Yibab of G^Mav^ IH,— 1816.
X. Provided always, and be it further enaeted by the authority afcnresaid, Thai bo mit
or action shall be brought or commenced against any person or persons, for any fienalty
by this act imposed, that shall not be. brought or, commenced wijthj^ twelve months after
the offence or offences respectively committed.
XI. And be it further enacted by the authority aforesaid, That if any person or peraons
shall be summoned, as a witness or witnesses, to give evidence b^ore any jnsliee of tbe
peace, touching any of the matters relative to this act, and shall ne^ect or refuse toapp^u:
at the time and {dace for that purpose appointed, without reasonaUe excuse. fof 8ue]i
neglect or refusal, to be allowed of by the said justices of the peace before whom the
prosecution shall be depending, that then every such person shall forfeit for every SMcb
offence, the sum of ten pounds, current money aforesaid, with costs.) to b^. l^w^i rec^
vered, and paid, in such manner and by such means, as are hereinbefore ,duecte4». ^^Jomt
want of sufficient distress, the offender or offenders shall be sent by such* justices of dbie
peace to the nearest gaol for such time, not exceeding twp months, nor^less than one montjoiy
as such justices of the peace shall think they merit.
XII. And be it further enacted by the authority aforesaid, Hiat the moiety, of every
pecuniary penalty or satisfaction by this act imposed, shall belong t6h|s M^yesty^Kisheks^
and successors, and shall also be paid by the person or persons respectively . receiving; ilni
sanie, into the hands of the receiver general, to and for the use of his. Majesty, his heirs
and successors, for the public uses of this province, and towards the support of the fg^en^
ment thereof, to be accounted for to his Msyesty, through th^ lords commbsioners of his
Majesty's treasury, for the time being, in such manner as it shall please his Msyesty to.
direct, and the other moiety thereof shall belong to the person or persons who. shall sue
for the same.
XIII. And be it further enacted by the authority aforesaid. That if any action or suit
shall be brought or commenced against any person or persons, for any thing don^ in .purr,
suance of this act, such action or suit shall be commenced within six months next after tlhe
matter or thing done, and not afterwards ; and the defendant or defendants in such acti<m
or suit may plead the general issue, and give this act and the special matter .in evidence^ '
at any trial to be had thereupon ; and if afterwards judgment shall be given to the defendant
or defendants, or the plaintiff or plaintiffs shall become nonsuited, or discontinue hi^^ her,
or their action or suit, after the defendant or defepdants shall have appeared, then, siich.
defendant or defendants shall have treble costs awarded to him, her, or them, asuqsi supb
plaintiff or plaintiffs, and have the Uke remedy for the same as any defend^i^t or d^end^ofts
hath or have in other cases, to recover costs at law.
XIV. Provided always, and be it further enacted by the authority aforeisaid, ^That
nothing in this act contained shall extend, or be construed to extend, to authorifse any
person or persons, who shall or ^lay be licensed as aforesaid, to offer and expose to sale
any goods, wares, or merchandize, which sball.not be bona fide the property of such person
so licensed as aforesaid.
XV. Provided nevertheless, Tha^t nothing in this act shall extend, or be, constcued to
extend, to compel any person or persons to take out license as aforesai^, who may only
import into this province the following articles, viz : wheat, flour, pease, beans, oata^
barley, Indian com and meal, rye, staves and heading, oak, pine and fir timber, and other
lumber, pot and pearl ashes, furs and sMns not dressed, beef, pork, sheep, swine, and live
cattle, cheese, butter, and all other articles of provisions ; all or any of which articleashaSl
be dischai^d and disposed of at the port at which such person shall make entry.
XVI. And be it further enacted by the authority aforesaid. That this act shall be in
force for and during the space of two years.
Chapter XXXV.
An act far granting to his Majesty a sum of money ^ and to provide for the appointifi^
of a provincial agmtfor this province.
[RsPEALSD BY 2d Geo."IV, Ch. 10.]
Gbapter XXXVI.
(See 4di Geo. rv, c 8 ^^ ^^ granting to hia Jllajesty a sum of money ^ to be applied to the use of comrnqn
4th seiaioii; 'unendej schools throughout this province^ and to provide for the regulations of saxd common
PiwrnUc.
schools.
[Pasied April 1, 1819.1
Most gracious Sovxhbign : • .
Whereas it would be conducive to the happiness of the inhabitants, and eeneral ^
perity of this province, to encourage the education of youth in common sehoius ; we^ your
Digitized by VrjiJOV IC
1
C/M.-^FirfT'SiXTH Ykar ov OkoBOx III.— 1816.
9dV
'lltadCk^jtfutlfeirMd loyal 6utject9, the commons of CTp^per Canada, in provindal parliament
'aiM&MWrid/mcwthamb^ beseeeh'joor Majedtj^ that it may be enacted, and.be it enacted by
the King's most exeeUent Majesty, by and with the advice and consent of the legislative
liMDfiMliitttd'ass^tnMy of the province of Upper Canada, constituted and assembled by virtue
• tit tMittier tlicf lailrthority of an act passed in the parliament of Great Britain, entitled, <* An iJS oSTin?^ ^
'^ict .lb ffejieal certain 'parts of an tot passed in the fourteenth year of his Majesty's reign,
'MtEfed, 'An act for making more effectual provision for the government of the province
'is QliKbec, in North America, and to make further provision for the government of the
*Mid']^vince,' *'attd by the authority of the same, That for the establishment of common
fldioob, in each and every district of this province, there shall be annually paid, duriilg
the eoirtinuttoce of this act^ the sum of six thousand pounds, in manner hereinafter men* .«.„,^,
tiiiiied, dot ^f ^ ^y monies which are now raised or levied, or which hereafter may be jJ'^^'iii.tftet* ^mq-
tAM brliivied, by authority of parliament, to or for the uses of this province ; of which n^cmuJ d^^
'Siid Mm of irix thousand pounds, there shall be paid annually to the Home district, six
IniAAned |K>unds ; to tlie district of Newcastle, four hundred pounds; to the Midland
dikrftt, one thousand pounds ; to the district of Johnstowu, six hundred pounds ; to the
'BusCern dbtrlct, eight hundred pounds ; to the district of London, six hundred pounds ;
*9o ihe fliMrict 6f Gore, six hundred pounds ; to the Niagara district, six hundred pounds ;
^ fhe WiBstem district, six hundred pounds ; to the district of Ottawa, two hundred
II. And be it further enacted by the authority aforesaid. That from and after the passing iniukbitMit«of Mytowi,
ik (his ict, it fchall and may Lc lawful for the inhabitants of any town, township,, village, or &«• to »Mt, to ' '
£0000 tolM
pud for the CfltabtttlS.
MMit of COMHOB
UBMttdMrfol-
£400;
trict, £1000;
town diitrict,
EMteni dutrict, £aOO|
difltriet oC l^ondcto*
£600; dittrietoTGoffe,
£600; NiMnn^dittrUt,
£000; WeflUm dia-
tiiet, £000; dittrict of
OttmwR,£200.
Wli«B • compgitt
anmberof pcfMOc iluUl
«uteMidb«ild»fchool
dATi'
•ad •]
to
appoint three J|t
penoiif tnuteet to mm
Mad tcliool, who bare
power to appoint a
teachmr ef said eon-
numichooL
No
he ap.
fAaee, to meet togefher for the purpose of making arrangements for common schools in SSrShoSiT
such town, township, village, or place, on or before the first day of June in the present
yieMr, tM on the first day of June in each and every year during the continuance of this
«et*
1H. Ahd he it furd!ier enacted by the authority aforesaid. That so soon as a competent
'nnniBer of persons, as aforesaid, shall unite and. build or provide a school house, engage
to furnish twenty scholars or more, and shall in part provide for the payment of a teacher,
it shall and may be lawful for such persons as aforesaid, or the majority of them, giving ^ro^St^iS fS^
eight days' previous notice thereof, to meet at some convenient place appinnted for that i»«nt of a teacher, mh
purpose, and it shall and may be lawful for such persons as aforesaid, and they are hereby Sa^i'^otKe'^ ' '
required to appoint three fit and discreet persons tnistees to the said common school, who
shall have power and authority to examine into the moral character and capacity of any
person willing to become teacher of such common school, and bring satisfied of the moral
chara^r and capacity of such teacher, to nominate and appoint such person as the teacher
of said cnmmon school.
lY. Provided always, nevertheless, and be it enacted by the authority aforesaid. That
BO person^ shall be appointed teacher to such common school, unless such person is a
natural bom subject of hb Majesty, or a subject of his Majesty naturalized by act of the j^^ *«
Britislk parliament, or a subject of his Majesty having become such by the conquest and
cession of the province of Quebec, or by having taken the oatli of allegiance to his
Majesty.
V. And be it further enacted by the authority aforesaid. That the said trustees, or the
majority of them, shall have power and authority under the provisions hereinafter mentioned
for that purpose, in their discretion, to remove such teacher as aforesaid from his school,
for apy misdemeanor or impropriety of conduct, and it shall and may be lawful for the said
'trtistees, or the majority of them, in case of the decease, dismissal, or removal of any
tfeaciier as aforesaid, to nominate and appoint, as often as the case may require, one other
fit anddiaereet person as aforesaid, to become such teacher, as aforesaid : Provided always,
nevertheless, that no teacher of any common school under the provisions of this act, shall
be removed or dismissed from his said school, unless the board of education hereinafter
^fMpoioted in each and every district of this province, sanction the removal or dismissal*
VI. And be it further enacted by the authority aforesaid, That the trustees appointed
under and by virtue of this act, to any common school as aforesaid, or the majority of
ttrena^ shall have power and authority to make rules and regulations for the good govem-
neat of the said common schools, with respect to the teacher, for the time being, and to
Hm adiolara, as in their discretion shall seem meet ; and that it shall and may be lawful
for the aafd trustees, and they aro hereby required to report to the district board of
edoeation, hereinafter to be appointed, the books used, with the rules and regulations
used in the said schools, once in eveiy three months : Provided always. That it shall and
mmj be lawful for the said district board of education, on such report as aforesaid being
leeeiied, to order ilnd direct such books, or any of them, not to be used in the said schools,
and to rescind Ihe said rules and regulations, or any part of them, if it should be deemed
I 9^^i*Q taAeienl notice thereof to the said trustees, who shall warn the sub-
^ to mB aaai sehool, to provide other books for the tuiliion of the said scholars, and
Digitized by
pervoB to
ponted a tead
leai>AjMitaialh<>ni adh-
And haring takes th«
oathofallegiaaee.
Tnutees haTA power
to nfmrm teaehen for
any impropriet j of eoi-
dnet,
and "^ 9ppomi another
person.
No teacher to he re-
moved unlet* the hoard
of edncation
theremoraL
Tnieteea have
to make ndea tit
gOTcnoMut ef
■choob.
Tfa«toet to
thehc^ardof
the hooka nted
said »chooli,
three menthf.
rapoin to
onee in
Google
808
C. S6-— Fingr-aiXTH Ybab of Gwmos UL— 1816.
Boud ^ e4fie9tUm to
order Mok« not to bo
Oied, and to reacind
rule*, if deemed expe-
dient.
AU ^Bgmfepients en-
tarad into byeabMri-
bm sMlbeUaUp to
besned for tlieir »ah-
■eriptifl#*
Tnuteei ORpe vyeigr io
rnport to tbe bou4 of
edueation the ftate .of
thcfebooU, &e.
in order that the board
maj report to the go-
renior, that the same
may be kid before the
legiikture.
Governor to appoint not
m ;re than five persons,
tocompoae aboard of
education in each dis-
trict ; three to be a
qucrum, who have
power to ■uperiotend
such ■chools, and re-
port auraaUy to ^
goremor.
Monief glinted to be
apportioned to the
teache;^, to be paid
yearly or ^f yearly.
Teaeherjp prodoeing .a
certificate tigud ni>y
thetruatect^
tRaaufwof the diatikt
to pay anch teacher.
io iiiak^ s«ch other alterations, rules, and regulations, in the Baid schoob, as thfgr riuil
deem necessary, in order that there may be a more uniform syatemof education thiio^ioiii
the province.
VII. And be it further enacted by the authority aforesaid. That all
contracts, or subscriptions, entered into by the subscribers, to any comiaim
any district of this province, with any person or persons, for the erecting, building, er
J^eeping in repair, any school house for the purpose aforesaid, or the payment .^f the
teacher thereof ; such subscriber or subscribers shall be liable to be sued for their aub-
ascription, by the said trustees to such common schools, or their successor^ in office, in
any court in this province, having competent jurisdiction.
y III. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the trustees of the common schools, in each and every district of this proviiMse,
and they are hereby required, once in each and every year, to report U> the board of
education, for that purpose hereinafter appointed, in each and every district of this pro-
vince, the state of the common schools which such trustees aforesaid shall have the
dii^ction of, the number of scholars, the stat^ of education, with the different branches
taught in the said school, and all other matters and things that may tend to cherish the
prosperity of the said common schools, or that may in any wise benefit the same, in order
that the said board of education may report the state of the district common schools Io
the governor, lieutenant governor, or person administering the government, that the sanie
may be laid before the legislature, at its first meeting, for their inspection.
IX. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government, to
appoint not more than five fit and discreet persons to compose a board of education, in
each and every district of this province, three of whom shall be a quorum, who shall
have full power to superintend such common schook in the districts for which they are
appointed, and shall annually report to the governor, lieutenant governor, or person
administering the government, the state of the said common schools, to be laid before the
legislature at their meeting.
X. [Repealed by 60th Geo. Ill, c 7.]
XI. And be it further enacted by the authority aforesaid, That the teachers of such
common schook established as aforesaid, in any town, township, village, or |dace, in eaeh
and every district of this province, producing a certificate signed by the tnisteesof any
such common school, stating his having well demeaned himself as teacher of thesaUi
school for six months, with the number of scholars educated in the said school, being not
less than twenty, in such school as aforesaid, it shall and may be lawful for the treasurer
of the district to pay to such teacher his proportion of any sum or sums of money, that
may be granted by the legislature of this province for common schools, in the resjpeetive
districts thereof, during the continuance of this act.
District board to apply
•ach part of the money
enuited, not exceeding
iB100,forthe purchase
of books for the use of
tht sehoob.
(Repealed in part, by
60th Geo. III.)
Board of education have
faH power to profMwtion
the moneT for the
•chocds, ana to send to
the trei^ttrer a copy
thereof.
JNo aUowanee to any
common school to exr
ceed £25 annually.
No allowanee to a
teacher,vnkss the tnts-
toes report to iht board
ofedacaUon.
When two adjoining
districts compose such
schoolfthe trustees hav^
power to make the ne-
ceesary vetonM, &c.
XII. [Repealed by 60th Geo. Ill, c 7.]
The seYcral sums grant-
jsd to be paid by the
XIII. And be it further enacted by the authority aforesaid. That the board of eduea-
tion to foe appointed by virtue of this act, in each and every district of this province, shall
have full power and authority to proportion the stuns of money for the common 8cht>ols
of the said districts, and after [H*oportioning the same to each of the said schools, to send
to the treasurer of the said district, a copy thereof, in order that the treasurer aforesaid,
may discharge the certificates granted to the teacher as aforesaid: Provided always. That
no allowance to any common school, in each and every district of the province, Aall
exceed the sum of twenty-five pounds annually : Provided always, nevertheless. That no
allowance whatever shall be paid to the teacher of any common school, in any district of
this province, unless the trustees of the said schools report to the board of educaliofi,
agreeably to the provisions of this act.
XIV. And be it further enacted by the authority aforesaid, That when two ad^ning
districts may find it convenient to compose such school as aforesaid, a portion- o£ the
scholars of which may reside in each district, that the trustees of such school shall have
full power to make the necessary returns as arc required by this act, and receive ai» equal
proportion of the monies so granted for the support of such schools, from each of the
respective districts, in proportion to the number of scholars sent to the said school from
each district. •
XV. And be it further enacted by the authority aforesaid. That th^ severed sums hereby
granted to the several districts of this province, shall be paid by the receiveir.gesecal of
Digitized by VnUOV IC
SaoaiP^
1
C. S7, 88, 89.~FiFXTwnxTH Ysbab of Gbobos III.— 1816.
thai pTOTSBoe, to the trenrarer of each district respectively, in dischai^ of such warrant [;|2^r7^^£
or warcantB as shall irom time to time be issued by the governor, lieutenant governor, or tnct, in dfadum of
person administering the government of this jvovince, and shall be accounted for by the wunmu iira«dby tba
receiver general to his Majesty, his heirs or successors, through the lords commissioners ^^^bTMeomitod for
of his trMBiBury for the time being, in such manner and fcwm as his Majesty, his heirs and ^I55£e^Sf*tt!SSS^
snecessors^ shall be graciously pleased to direct. nuy.
XVI. And be it further enacted by the authority aforesaid, That this act shall be, and CoiitmiiMic«orthisMt.
is hereby declared to be in force, for and during the term of four years.
CHhapter XXXVII.
An act to grcmi to his Maje^y a sum of money ^ to amend and repair the ptAlic highr
UHiys and roads^ in this province j and to buUd and repair bridges in the several dis-
tricts thereof.
jB21,O0OKniitedfbrt]M
refMur of ioad», kridget »
ftc
Chapter XXXVIII.
An ad to appropriate a sum of money to defray the expenses of any commission for
dMeerkdning titles to lands in the Niagara district^ which shall or may he authorized
by any act of the parliament of this province.
[£4000pwted for carrring into effect the proviiioqs of an act, entitled, *< An act to afford retief to penoni holding or
!■» tenementa, or hereditaments, in the diatrict of iMiaganu]
See 96Ui Geo. Ill, e
ig?
Chapter XXXIX.
An ad to repeal and amend part of an ad passed in the fiftidh year of his Majesty'* s
reignj entitled^ ^^ An ad to provide for the laying out^ amending^ and keeping in
repair^ the public highways and roads in this province^ and to repeal the laws now in
force for that purpose."*^
[PaMed April 1, 181&1
Whxbsas it is expedient to repeal certain parts of an act passed in the fiftieth year of
his Majesty's feign, entitled, ^^ An act to provide for the laying out, amending, and keep-
ing in repair, the public highways and roads in this province, and to repeal the laws now
in force for that purpose;" be it enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
aid passed in the parliament of Great Britain, entitled,' ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the covemment of the province of Quebec, in North America,
and to make further provision tor the government of the said province,' " and by the au-
thority of the same. That the eighteenth and twenty-sixth clauses of the aforesaid recited
aet shidl be« and the same are hereby repealed.
Any person liable to
II. [Replied by 59tb Geo. Ill, c 8, 8d session, after 1st Monday in March, 1820.] ^SSTaf^SySSl
Proirided always. That every male inhabitant from the age of twenty-one years to
fifty, not rated on the assessment for any town, township, or place, within this province,
shall be compelled to work on the highways, three days in every year, within the town-
ship, iowsLf or place, he may reside in, under the same penalty as is imposed by any act
on persons rated on the assessment list, and in case any person shall remove from one
township to another, the overseer of the highways shall grant him a certificate of the
labor he has performed, to prevent his being called out again in another township ^during
the same year.
PnamUe.
(00th Geo. Ill, e 1.)
18th and 26th efauuee
of fiOUi Geo. Ill, re-
pealed,
(andSOth repealed by
09th Geo. Ill, 2d aee-
■ion.)
liafale to
Any person
penbrm duly nuy
pound aa herein
tioned.
Ereiy male inhabitant
from the ace of 21 to
50, not raied on th«at-
■essment, shall woik
on the highways for
three dars.
Penalty for refusal.
In ease any person shall
remore to another
township, the orer-
seer to grant him a eer-
tifieate. (SeeOOdiGeo.
Ill, eS.)
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First Session of the ser^lfflh <PM¥ttffefiil'<MVlfMiilh^
MET AT YORK, ON THE FOURTH DAY OS* FEBRUARY^ AND^BOROGUED ON THE fiETENTH
DAY OF APRIL FOLLOWING, IN THE FIFTY-SEVENTH YEAR OF THE REIGN OP
GEORGE III. *
FRANCIS GOBB, fiSQUIRfi, UEUTSNANT GOYERNOB.
Amio Domini 1817.
Preamble.
(S6th Geo. Ill, c 19)
After the passing of
this aet, the eeumties
orWbntworth and Hal-
ton to be each repre*
■ehCed by ene meraoer.
Goyeiuor authoriced to
issue writs of election
for members to senre in
assemMj' for the coon-
ties or Hidton and
Wetttiroith^ in like
manner as is provMed
atheSthefaHiseofjthe
It of Geo. m.
Chapter I.
An act to provide for the represeniation of the commons of the counties of Wentteortk
and Hdlton in parliament.
tMAiedA¥Hl«r, Jefii
Whereas by an Att padisecl in <he fifty-rixth year of "^hls M^ij^^^^^ t^ifen, eiiiiaed, ••An
act to erect and form a new district, out of certsdn parts of the Hoine ah^ Nia^a dbtHbts,
to be called the diistrict of 6ore ;" it is enacted, thiat the townships of Saltfleet, Bttt6n,
Benbrook, Glanford, Ancaster, and the beach between Burlington bay and lake Ontario,
and the promontory near Coot's Paradise, and so much of the county of Haldimand as
lies between Dundas street and the Onondaga village, (commonly called Bearsfoot,) inclu-
ding said village, shall from henceforth form and be called the county of Wentworth ;
and that the townships of Trafalgar, Nelson, Flamborotigh, (the latter divided into Flam-
borough east and west,) Beverly, and blocks number one, ttvo, three, and foifr, cin "the
Grand river, with the reserved lands in iherear of the townships of Blenheim ahS BSmfor^
do constitute and form l!he county of Hultdn ; and Wfaeteas, by ^he fews now^-Siree,' no
provision is made for the representation of tiie said counties of Wentwordi Wid Hdton,
in the commons house of assembly jof the province ; be it therefore enacted by the
King's most excellent Majesty^ by and with the advice «nd consent of the le^lative
council and assembly of the province of Upper Canada, cons'titttted ^d asseiiimed "by
virtue of and under the authority of an* a6t passed in the parKahieiit 6( Gi^iat ^bHldt,
entitled, "An act to tepesl certain parts of an iatetpaldsed in itie fotfrteenthyeit'df his
Majesty's reign, entitled, * An act for making more effectual provision for the jftoVertiment
6f the province of Quebec^ in North America, and to make filrtheii; provirfon for the
government of the said province,' '' artd'by the authority of the same. That from andafti^
the passing of this act, the said counties of Wentt^orth^ and Halton be eacli rep^senlte&
by one member,
IL And be it further enacted by this authority aforteSald, That it shall itid may be law-
ful for the governor, lieutenant governor, or persba administering the- gdvemment of ttrfs
province, to issue writs of election for memuets tb feferve in the fiaid assembly, fot the
counties of Halton and Wentworth, in like manner is is provided by the ei^teeiitli clause
of an act passed in the thirty-first year of his Majesty's reien, entitled, " An act to
repeal certain parts of an act, passed in the fourteenth year of his Majesty's rdgn, enti-
tled, ^ An act for making more effectual provision for the government of the proTince oC
Quebec' ^
Preamble.
Cbapter II.
An act establish a police in the towns of Fork^ Sandwich^ and Amhers^Mgk^
[Passed April 7,1817:7
Whereas it is expedient to provide for the regulation of the police of the town of
York, in the Home district, and the towns of Sandwich and Amherstburgh, in the West-
ern district of this province ; be it enacted by the Ring's most excellent Miyesty, by
and with the advice and consent of the legislative council and assembly of the pro-
vince of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitied, " An act to repeal certain parts
of an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for mdung
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
Digitized by VnUOy IC
•flMMAiUDrr.] ^
QjSir
I'VmjkM'jWi Qmm«; III«^1817.
Stll
stoAlioritjr of tlie same, Thai it ahall be lawful for the niagbtrates asaembled in quarter
seMons, for each of the said di8triQt9 reapeetirelj, or the majority of them, to make,
ordain^ oqnalji^llt^ m^ P^Msh) auGb pru4^nti^ ru)<» aod^re^aliaii^ , aa- theg^ may deem
ezped^t^ rel^tJLY^]jtp ps^ving, lighting, keeping in repair, and improving the streets of the
8fMl jtownn^resjpectivelj, reralatipg, the assise, of breads, slaughter houdeS) and nuisanpes ;
ai)dal^ toj^JDiw^ ss^tt^wnlaws restive to.rhor^es, swinei or cattle of any kind^
from nini^ng at large in. sai4 .towipis, .an4. relative, to .thq inspection of weights, measures, .
fireman, and hre coinpani^9 : Provided always, TJiatnQthing herein contained shall extend
or be.cp&true4to,extend,tO:the regulating or as.certainipg the price of any commodities
or. .articles of. p<^pvj^ipn,^oth^r,th2Ui bread^d^a^t ,may bta ofiEered for sde : Provided .also,
ITiat sucb.rul^ fj^ji regul^tjipps. b^ nqt conti;ary t6,.,or inconsistent with the laws and
stat|at<Qs pit .this, prpyjnf^^ a^^,, P^pyided always,. Tfis^tthf^ beach,, east of Russell's creek,
^jJLc«Jjiag}^, way.iQ^,fc90f^of.rth^ towi^., of YprJ^^^be taV;e9 a^d considered as, part of the .
siid 19.^ }fl^«e;.i?|J^®^^K^ti?tf «6^ of. 4tjB J>oliee, ^s, afores^.
II; Andini itiiirtfaer enacted by the authority aforesaid, That -the magistrates in qustf*
let sessiona dissembled for the said districts respectively, or the major part of them, in the
month of iApril, in each and every year, may raise by assessment, from the persons rated
upon any assessment for property in the said towns respectively, a sum not exceeding one
Inudxed pounds in any ' one* year, for purchasing and keying in repair fire engines,
laddecs,.bQckets, and oilier utensils for the extinguishing of fires, and for making any other
necessai^ imprpyements inlhe said towns, exclusive of the sum such persons may be
rated for in and upon any other assessment of this, province; and in order to carry the
said assessment into effect, it shall be the duty of the. clerk of the peace for the said
districtaxespectively, to select from tlpe general assessments of the said districts respect-^
iTely,a list or assessment of the rateabto property. that each and - every person owns or
possesses. in the said towns respectively, ready to 4be^ laid before the magistrates in quarter
sessions assembled for the said districts respectively, in April, in each and every year.
IIU AM^Jb^itJtaih^X enacted by 4he.ai;|;hprity,afore8aJid,,.That. such assessment, as
aror!$flaid,,i^a9{Wr^iped, leyie4>. collected, w^ p^((ji>h^ proportion to the. sum that such
p^rspnis rate^ for upon ^y assessn^ent he m«^y possess or. hold in the said towns respect-
ively,, and, siAject tQ.. st|ch rule;9 and, regulations, as. may. b^. inade by the magistrates in
q)farteri(e3SJ|Qfis^f6r the saiij^di^tricts respectively, for the purpose of raising, collecting,
and pa vizu; any sum .collected, io^ the treasurer of the said district, which said sum shall
be applied) from, time tq time, in sucli manner for the purposes aforesaid, as the magistrates
in quairier seissionsv assembled, or the. majority of : .themA ^^^ direct and appoint.
IV* And. be it further enacted by the -aulherity aforesaid, That the magistrates in.
general quarter sessions of the peace, or the major part of -them, as often as they shall
make and publish any such rules and regulations, for the purposes aforesaid, may make,
ordain, limit, and provide, such reasonable fin6s upon the offenders against such rules and
regulationsyas they may think proper, not exceeding forty shillings for any one offence, to be
recovered before any commissioner of the peace oi the said to^'ns respectively, upon the
oath of one credible witness, and levied by warrant, under the hand and seal of such
commissioner, upon the goods and chattels of such offender, and^ that ooe moiety of the
sum so levied shall go to the informer, and the other moiety shall be paid to the treasurer of
the said districts, for the uses of the said towns respectively.
V. And be it further enacted by the authority aforesaid. That every such rule and
regulation, so made as aforesaid, before it shall have effect, shall be published, and also
be posted up in three or more public places in the said towns respectively.
VI. And be it further enacted by the authority aforesaid. That the magistrates, as afore-
said, shall, and they are hereby authorized to order the same fees to be allowed and paid
to the treasurer, collector, and clerk of the peace,, for the extra duties imposed by this
act, Bs are paid to the said officers under any assessment law of this province.*
Magistnfct ia tetiioiui
to pabliih pnideiitiBl
nilei relatiye to pATina;,
lighting, keeping m
repair, and improring
«treeta ; to reriOatethe
asiixe of breadi &e.
Alio to enforce the
town laws relatire to
horsei, awine, or cattle.
The inspection of
weights, meamres^ir^
men, and fin conpa-
niee.
Power of magistntea
not to extend to regu-
lating the price of any
articlet m provision
- other than bread.
The beach east of Rss-
sell's creek^ and ear«
th» tofMi of .Torii, Uy.
besubjeot jtoth«mg«n.
latiMiaoCpettMi.
MsftUtnttoa i
in.W month of Apvpi .)
in. everjvyeav, mepi-,
raiaa. by as^essmen^ a i
sum not ejLoe«ding .
jClOOin anyone year>
for parchaiiiog an4- -
kaepiag in repMr liva'i
engyiee, buckets, &••.
and for making- u^-i
other necessary iaor
proYements, exchuire
Cleik of tho peaoa. tft"
select from the assess-
ments a list of the rate-
able property that each
person owns, to be laid
Wore the sessions Uk-
noally in ApiiL
Aasessments to be paid
in proportion to the-,
sum each person u ra- .
ted fornpon any assess-
ment, subject to snch
rules as majr be made
by the magistimtes in
sessions.
All sums to be applied
from time to time as
direct.
Magisirates in.sessiopw .
may limit and provide ••
leasonable fines upon •.
offenders against the
roles, &c. as theymay .
thiqk proper, .not ex*,
ceeding 4<xh fw«fiyop«oi
offence.
ery rule
01 haw :
shaUliain :efieet,ahatt..l
be posted up in .thme «
public plaoea in 4hei^
town.
Magistrates anthorixed
to <nder the same fees
to be paid to the trea-
surer, coUector, and
clerk of the |Maec, - for
the extra duties impo>
sed by this act, as are
paid to the said offieera
under any assessment v
law of thu province.
An ad grwUing to his Majesty a sum of money for certain purposes therein meBHonsd.
[jSMOl: t: 2| appropriated, and to be i^Uedtnwnrdsdefimyiiig for the present year the charges herein specified.]
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818
G- 4) 6.— Fan*r*«vraimi ¥*a* oi^ GaosoB III.-— 181T.
[niuMP
After the pMtiagorthu
•et» eommMiionert of
the peeee to fix upon a
comreikieBtpkee in the
town of Niaganu u a
■Hurket, where mtteh-
ci^s meet, &e. thaU be
ejmofed to lale, and to
make regidations refair
ting thereto.
Commiisionerf aatho-
rised to impose ifaiee
not exceeding 20ii. for
any olTenee.
All meh rundations to
he puUiehS.
If any person shall
tiansgress, he shall for
erery tnnsgression for-
feit the sum in the re-
gnbition specified.
notetr o
to go to the informer,
the other moiety to he
paid to the receiver
general, for the nnblie
vses of this pronnce.
Magfftratet in sessiont
may raise hy assess-
ment a snm not exceed-
ing i&lOO, for the par-
pose of erecting a aaar-
ket house.
dark of the peace in
the assessment to in-
sert the names of per*
sons holding town Jots
la the town of Niagara.
Each town lot shidl in
the list to he made oat
berated at the sam of
XfiOcoirency.
(See (Ml deo.UI,2d
session.)
Chapter IT.
An act to esUMisha market inthe town of Niagara, in the Niagara Ustrid.
[Passed April 7, 1817.]
Wherbas it is expedient for the convenience of the inhabitants of the district <rf
Niagara, that a market should be established in the town of Niagara, in the said district,
and that the time and place for holding such market should be ascertained ; be it therefore
enacted hy the Ring^s most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his Bla-
jesty's reign, entitled, * An act for making more effectual provision for the government
of die |xrovince of Quebec, in North America, and to make further provision for the
government of the said province,"' and by the authority of the same. That from and
after the passing of this act, it shall and may be lawful for the commissioners of the peace
in the district oi Niacara, in their court of general quarter sessions assembled, and they
are hereby authorized and empowered to fix upon and establish some convenient place in
the town of Niagara as a market, where butcher's meat, butter, eggs, poultry, feh, aoid
vegetables, shall be exposed to sale, and to appoint such days and hourb for that purpose,
and to make sueh other orders and regulations relative thereto, as they shall dee&
expedient.
II. And be it further enacted by the authority aforesaid. That the said commissioners
shall be, and they are hereby authorized and empowered to impose such fines, not exceed-
ing twenty shillings, for any offence committed against such rules and regulations, as to
ihem in their discretion shall seem requisite and proper.
HI. And be it further enacted by the authority aforesaid. That all such orders, rules,
and regulations, shall be published, by causing a copy of them to be affixed in the most
public place in every township in the said district, and at the doors of the church and
court house of the said town of Niagara, and that such orders, rules, and regulations,
shall not be in force, until three weel^ after such publication.
IV. And be it further enacted by the authority aforesaid. That if any person shall
transgress the orders and regulations so made by the daid commissioners, such person shall
for every such transgression forfeit the sum which in every such order, rule, and regula-
tion shall be specified, to be recovered by information before any one commissioner of
the peace, upon the oath of one credible witness, and to be levied by warrant under the
hand and seal of such commissioner, upon the goods and chattels of such offender ; and
that the one moiety of the sum so levied, shall go to the informer, the other moiety shall be
paid into the hands of his Majesty's receiver general, to and for the use of his Majesty, his
neirs and successors, for the pubUc uses of this province, and towards the support of the
Svemment thereof, to be accounted for to his Majesty, through the commissioners of hb
ajesty's treasury for the time being, in such manner and form ad Ji shall please his
Majesty to direct.
V.
VI.
VII.
[Repealed by 69th Geo. Ill, ell.]
(0(MiCleo.UJ, cI7.)
Chapter V.
An act to repeal part of and amend an act^passed in the fifty-sixth year of his Majes-
ty^8 reignj entitled, " An act to repeal part of and to alter and amend the laws now
in farce, far granting pensions to persons disabled in the service, and the widows and
children of persons who have been killed in the service,^^ and to extend the provisions
of the same.
[Repeajlkd by 2d Oso. IV, Ch. 4.]
Digitized by
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iPasuamert.]
a «i 7) e.^FiwTK^mvm$tm Ysar or Gmmk IIL— 1817.
.9IS
Chapter VI.
Jn^etto make good certain monies issued and advanced by his exceUeneyihe UenUenani
governor^ in pursuance of several addresses during the last session.
Chapter Vli.
An ad to repeal part of and alter and amend an act pasied in the ihirly4h%rd year of kU
Majeaiy*s reign^ entitled^ ^^ An act to provide for the nomination and appointment of
parish and toum officers within this province.^*
CP«880d-Apiil7, 1817.] \
WhxbsA.8 it i6 expedient to alter the time for holding town meetings in the different
townships throughout this province ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and . assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^' An act to reped
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ^An
act for making more effectual provision for the government of the province of Quebee^
in North America, and to make further provision for the government of the said province,' ''
and by the authority of the same, That from and after the passing of this act, so much of
an act passed in the thirty-third year of his Majesty's reign, entitled, ^^ An act to provide
for the nomination and appointment of parish and town officers within this province,'^ as
relates to the inhabitant householders assembling on the first Monday in March, (or the
purpose of choosing and nominating the parish and town officers, be, and the same is
hereby repealed.
11. And be it further enacted by the authority aforesaid. That from and after the passing
of this act, it shall and may be lawful for the inhabitant househdiders of each and every
township, reputed township, or place, to assemble on the first Monday in the month of
January in every subsequent year, for the purpose of choosing and nominating parish and
town officers, agreeable to the said act passed in the thirty-third year of his Majeisty 's reign,
ent&led,^^ An act to provide for the nomination and appointment of parish and town offitora
within this province," except so much of the said act as is hereby repealed.
Preamble.
(88dGeo.IlI,e&)
So rnueh of an Mt iMig-
edfotheSadGeoTlII,
e a, aa rebtes to Uie
on the ant Monday 1
March, for ehooaing
iiariih offioen, ia he«a-
Dj repealed.
nd lAer the
liaaaingof thisHet,the
inhnhitanCa of ereiy
towMAup to aaaoBBhle
en the SritMondayhi
Jannatfy, hi evefy nft-
ae^ueat year.
Chapter VIII.
An ad further to continue an act passed in the forty-sixth year of his Majesty^s feign^
entitled^ " An act to make provision for certain sheriffs in this province,^^ cmd also to
extend the provisions of the said act.
[PaaBed April t, 1817.]
Most oracioxjs Sovereign :
Whereas an^ct passed in the fifty-fourth year of his Majesty's reign, entitled^ ^^ An aet
to continue an act passed in the forty-sixth year of his Majesty's reign, entitled, * An act
to make provision for certain sheriffs in this province,' " will shortly expire ; and whereas
it is expedient that the said act passed in the forty-sixth year of his Majesty's reign, should
be further continued, and the provisions thereof extended ; may it please your Majesty
that it may be enacted, and be it enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign^ entitled, ^ An act for maKing more
effectual provision for tlie government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' '' and by the authority of
the same. That the said act of the forty-sixth year of his Majesty's reign, and every part
thereof, shall be, and the same is hereby continued.
II. And be it further enacted by the authority aforesaid, That from and out of the rates
and duties already raised, levied, and collected, or hereafter to be raised, levied, and col-
lected, to and for the uses of this province, there shall be granted annually to his Majesty,
his heirs and successors, the sum of one hundred pounds currency, out of the pi'ovincial
treasury, from such monies now remaining or which may hereafter come into the receiver
general's hands unappropriated, which said sum of one hundred pounds shall be appropri-
ated and applied for the payment of salaries to the persons hereafter mentioned, in manner
following, that is to say ; to the sheriffs of the district of Gore and Ottawa, ior the time
being, the sum of fifty pounds respectively.
III. And be it further enacted by the authority aforesaid. That the monies hereby
granted to his Majesty shall be paid by the receiver general, in discharge of such warrant
•"' Digiti
CAaMnded: See li
Geo. IV, e 9.)
x^eaniMe*
(«MiOeo.UI,el.)
40th Geo. Ill, el,c
£100 enrreneT granted
amraally, to be appro-
priated and mliea for
the paroient of sdariea
to &e aherifla of the
diitriets of Gen and
Ottawa, jS80 leapeet-
irely.
Tobepoidhidh ~
oftnehwamnf
bciMiiedbjtfr ^
^dbyvjoogle
ii4
To be Meomtod for
Ikfonsli tho eommii-
■ioMnofluiBI^iM^s
TbMB Mt (o ooatiavA in
fiiree lour jMn, and
from thence to fhe end
ef the next ■etnon of
:8oe9dGM.iy,69.)
C. «.-^FivvY-«sy*inrK YaAft or OaoMS IIL-^181T.
{ROWT
or warrants as shall for the purposes aforesaid be from time to time issued, by the gOTemor,
Ueutenant governor, or person administering the government, and the said receiver general
Miall account to his Majesty for the same, through the commissioners of his M^esty's
treasury for the time being, in such manner and form as his Majesty shall direct
IV. And be it further enacted by the authority aforesaid, That this act shall ccmtinue
and be in force four years, and from thence to the end of the then next ens]aiiig.6es8ion of
the provincial parliament.
When any aetskm of
oyervid terminer and
nol delirenr for the
Home difftnot ahall
hare been bean to be
hoMen befonthe fint
day of any tenn, theiaad
•eaeion Ml be eonti-
«ned to be holdenand
thebosineaa eonchided,
notwithstandiag the lit-
tine of the eooit of
king'tbaneh.
(8oe84thO«>.III,e2.)
Chapter IX.
An ocf to enable ft^ commissioners of gad delivery and oyer and terminer to proceed^
atthough the court of king^a bench be sitting in the Home distrietj for wkkh Uiey art
commissioned.
£PMsedi^ta7,]fil7.J
Whc&bas by construction of law, without special provisfam to the contrary, the meeting
ei the court of king's bench in any district, supersedes all commissions of oyer and tenmuier
and gaol delivery ; and whereas it may so happen that the business of tlie epring aana,
in the Home district, may not be eoaeluded before the first day of Easter term ; be it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative cduncil and assembly of the province of Upper Canada, constteted stnd
assemUed hy virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain ipaxis of an act passed in the fourteentii year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the go-
vernment of the province of Quebec, in North America, a|id to make further provisifm lor
the government of the said province,' " and by the authority of the same, Tluit iriien any
session of oyer and terminer and gaol delivery for the Home district shall have be^i b^un
to be holden before the first day of any term, that the said session shall eontiiiue to be
holden and the business thereof ftially concluded, notwithstanding the sitting of Us Miyes*
ty's court of king's bench within the said district ; and that all trials and proceedings, as
well as judgments, had at such session so continued to be holden, shall be good smA e&o-
tmd to all intents and purposes, as if the said session of the court of kmg'etieiieh had oei
been.
Digitized by
Google
SmoimI SmsIoii 9f tlie seTentli PvoTliielal FarUameBit.
HUT AT YORK, ON THE FIFTH DAT OF PEBRUART, AND PROROGUED ON THE FIRST DAY
OF APRIL FOLLOWING^ IN THE FIFTY-EIGHTH YEAR OF THE REIGN OF
GEORGE III.
8AM0EL SMITH, ES<IUIR£, ADMINISTRATOR.
Ana* Domlai 1«18«
PMnble
Chapter I.
An mtA ioimipo$ead$dj^^tpanpermm8 9eaing wmej lMr0ndyya$hd other 9pirituau9 liquors^
bjf tokoksaU.
(Passed April l^JSia]
WiaouBAS for tlie better 8unx>rt of the ^venument of this proyince, and for promoting
the intemRl improYement of (he same, it is expedient to increase the reyenue thereof;
we, jour Majesty's moat dutiful and loyd suliylects, the commons of Upper Canada, in
proTineial parliainent assembled, beseech your Majesty that it m|iy be enacted, and be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
ieguhtiiire council and assembly of the province of Upper Canada, constituted and assem-
bled by wlue of and under the authority of an 9fit passed in the parliament of Great
Britain, enlilled, ^^ An act to repeal cei:tain parts of 9^ act passed in the fourteenth ye^x
of hb Majesty's reign, entitled, ^ An act for making more effectual provision for the
flonveainient of the provi^ee of Quebec, in North America, and to make furtherproviston
lor the goYemment of the said province,' " and by the authmity of the same, That there
diall be raised, levied, and collected, and paid to his Magesty, hb heirs and successors^ to
and Cor tlie public uses of this province, and the support of the government thereof, the
duties hereinafter mentioned, foe and upon the respective license^, to be taken out in the
manner and by the persons hereinafter mentioned.
II. And be it further enacted by the authority aforesaid. That from and after the first
day of June next, and from and after the fifth day of January in each and every year ensu-
ing, there shall be taken out a license by every merchant, shopkeeper, trader, or dealer,
who may sell or vend any wines, brandy, or other spirituous liquors, by wholesale ; that is
to say, three gallons and upwards, and who have not taken out a license to sell, vend, and
retail wines, brandy, or other spirituous liquors, for which license there shall be paid, at
the time such license shall be taken out, the sum of five pounds of lawful money of this
proviiMe*
ill* And be it further enacted by the authority aforesaid. That the license hereinbefore
Bientioned shall be granted by the governor, lieutenant governor, or person administering
the government of this province, through the inspector in each and every district, and for
every sueh license that shall be delivered to the inspector, there shall be paid by the
person or persons applying for the same, to the inspector, the sum of two shillings and six
pence, coment money, for issuing the same, and no more.
lY. [Repealed by 69th Geo. HI, c 17, s 1.]
y. And be it further enacted by the authority aforesaid, That it shall and may be law-
ful to and for each and every inspector of this province, and each and every of them is
and are hereby required to render, within one month after the fifth day of January in each
and every year during the continuance of this act, to the inspector general of this province,
a just, true, and faithful account, to be verified on oath, of all monies which he or they
shall receive under and by virtue of any act of the parliament of this province, an4 such
inspector and inspectors, as aforesaid, shall also pay or cause to be paid into the hands of
the receiver general of this province, within two months thereafter, all such monies as he
and they shaU have so received.
VL And be it further enacted by the authority aforesaid, That it shall and may be
lawful to and for each and every such inspector, as aforesaid, and each and every of them
is and are hereby required to transmit to the inspector general of this province, evenr
three months thereafter, a just, true, and faithful acccount, to be verified on oath, of all
such monies as he and they shaU collect and receive under and by virtue of any act of the
parliament of this province, and such inspector and inspectors shall, in one month subse-
quent thereto, pay or cause to be paid into the hands of the receiver general of this
province, all such monies as he and fliey shall have so received.
Digitized by
lieMM to be tiktti
witbyi
en or wise, brendy, or
other fpiritMNulkime
DatyOBivehtfeeMe.
By whom to be iatmtd.
Fee to «hc faipeetoreM
ufstogtheMiM.
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wfMbAma Uaoon^
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fink of PAjaKent^ 9C
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DirtriMm of l^ianK
C, 2, 3. — ^FifTT-sioHTH YmavL of Oxoros III. — 1818.
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Far c««taM to be i
taiM4)vl
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(iotMSiGoo. III«e
VII. And be it further enacted by the authority aforesaid, That if anj merchant, shop-
keeper, trader, or dealer in wines, brandy, or other spirituous liquors, who shall not hare
taken out a license to sell wines, brandy, or other spirituous liquors, by wholesale or retail,
shall sell, vend, or expose to sale any wines, brandy, or other spirituous liquors, as afore-
said, without first having obtained a license for that purpose from such inspector, as
aforesaid, he shall forfeit and pay the sum of fifteen pounds, to be recovered on the catfa
of one or more credible witness or witnesses, other than the informer, before any two of
his Majesty's justices of the peace, the nearest to the place where the offence may have
been committed, to be levied by distress and sale of the offender's goods and chattels,
together with all reasonable costs both before and after conviction ; and in delaolt of
payment of such fine or fines, or in default of such goods and chattels, to be committed to
the common gaol of the district, for a term not exceeding four nor less than one calendar
laonth.
YUl. And be it further enacted by the authority aforesaid. That the moiety c^ every
pecuniary penalty or satisfaction by this act imposed shall belong to his Majesty, his heirs
ahd successors, and shall also be paid by the person or persons respectively receiving the
same into the hands of the receiver general, to and for the use of his M^esty, hia neirs
and successors, for the public uses of this province, and towards the support of tl^ civil
government thereof, to be accounted for to his Majesty, through the loi^s commisaionen
of his treasury for the time being, in such manner and form as it shall please his Majesty
to direct, and the other moiety thereof to the informer, or person who shall sue for tlie
same.
IX. Provided also, and be it further enacted by the authority aforesaid, That no infor-
mation or complaint shall be received under this act, if more than six calendar months have
^lapsed since the time of offence committed."
X. And be it further enacted by the authority aforesaid. That the said inspeetor shall
relaiB and take at the rate of five per cent, for every hundred pounds he shall so collect,
as aforesaid, during the continuance of this act, and all m<Hiies so paid by the said inspector
into the hands of the receiver general, shall be by him accounted for to his Majesty, his
heirs and successors, through the lords commissiooers of his Majesty's treasury liM* the
time being, in such manner and form as his Majesty, his heirs and successors, shall be
graciously pleased to direct.
XL And be it further enacted by the authority aforesaid, That this act shall be and
continue in force for two years, and from thence to the end of the then next ensuing session
qf the provincifd parliament.
mk Qm^ III, e 1, ve«
8oMieblli««PQfMr^
lolot to Uio dittriet oC
Johoatown repfolod.
m« lot not to tube of
fectboibfo fWoftnt^f
^■oono^.
Chapter TI.
4n act to repeal pari of cm act passed in the fifty-sixth year of his Majesty^ reign^
eniiiledy ^^ An act to alter the tune of holding the courts of general quarter sessions of
thepeace^ in the London and Johnstown dtstricts,^^
[Puiod April 1, 1S18.]
Whsekas by an act passed in the fifty-sixth year of his Majesty's reign, entitled, "An
act to alter the time of holding the courts of general quarter sessions of the peace in the
London and Johnstown districts of this province, the time of holding the said courts of
general quarter sessions are altered in the said London and Johnstown districts ; and
whereas it is expedient, as far as relates to the Johnstown district, to repeal the same ;
be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parlia-
ment of Great Britain, entitled, " An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, * An act for making more effectual provi-
sion for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province/ " and by the authority of the same.
That so much of the second clause of the said act as declares that the said courts of general
^uartdt sessions of the peace be holden in the Johnstown district, on the second Tuesday
in the months of January, April, July, and October, be, and the same is hereby repealed :
Provided always, Thftt this act shall not take effect until the first day of Jpne next.
Chai»ter III.
An act to enable Robert OartwrighL, son of the late' honorable Richard Carttvrightj
deceased^ to surrender certain lands in the town of Kingston to his Majesty , his heirs
and successors.
[PmTATB.]
Digitized by
Google
SmrmmTB PAmuAMXirr^]
0.4,5.— Fimr-«iaBTB Ysab^of Gjdobojip 111.-1818.
U7
Cliapter IV.
An act to regulate the cotle in certain cases in the court of Hng^a bench.
[Pawed Apnll,l»8.]
WnieiUDAS the district courts, established in the several districts of this province, were
intended as well to relieve defendants from the charge of answering in the superior court,
as to facilitate the suitor ; and whereas suits of the proper competence of the said district
courts, are frequently brought into the court of king's bench, having concurrent jurisdic-
tion, to the great increase of costs and charges to the parties ; for remedy whereof, be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same, That in any
suit hereafter to be brought in the court of king's bench, which suit may be of the proper
competence of the district couK, no more costs shall be taxed against the defendant, than
would have been incurred in the district court, in the same action, unless the judge, who
tried the cause of such suit or action, shall certify in open court at the trial, that it was a
fit cause to be withdrawn irom the district court, and commenced in the court of king's
bench.
II. And be it further enacted by the authority aforesaid. That the defendant's costs
taxed between client and attorney in such suit not so certified, or so much thereof as shall
exceed the costs taxable in the district court in such i^ase, shall be set off, against th^
plaintiff's costs taxed, to be recovered from defendant.
Preamble.
(See 84tift Geo.
2aiid8.)
ni,i»
In eetUttf benefter
broucht in tbe kWe
bencn, wbicb tbe £••
trict courts erecoimie-
tent to tiy, none Mt
district coart costs sbdl
be taxed against tbe de-
fendant, unless Hkm
judge certifies, &e.
And so mncb of defend-
ant's costs taxed a-
gainst bin byhit ■ltM«>
pej as exeeed. tM
costs in tbe distriel
court, sball be cban»d
tetbepbuotill: '^'^
Frcanible*
Obapter Y.
An act to continuey repeal part of^ and amend an act passed in the fifty-sixth year of (MA Geo. in, c s^\
his Majesty^s reign^ entitledy ^^ An act for gratding to his Majesty duties on licenses
to hawkersy pedlarSy and petty chapmen^ and (4her trading persons therein mentionedy'*^
and to extend the provisions qf the same.
[Passed April 1, 1818.]
Whxjosab an act passed in the fifty-sixth year of the reign of our sovereign lord
the King, entitled, *' An act for granting to his Majesty duties on licenses to hawkers,
pedlars, and petty chapmen, and ouier trading persons therein mentioned," will shortly 5Stb Geo. in, e S4.
expire ; and whereas it is expedient to contmue and amend the same ; be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Great Britain, entitled,
^* An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, *An act for making more efiectual provision for the government of the
province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same. That the said act with
the exception of the first, second, seventh, and eighth clauses thereof, which are hereby
repealed, shall be and remain in force for and during the continuance of this act.
II. And be it fiurther enacted by the authority aforesaid, That there shall be raised,
collected, and paid to his Majestv, his heirs and successors, to and for the public uses of
this province, and the support of the government thereof, the several and respective duties
therein mentioned, for and upon the respective licenses, to be taken out in manner and
by the persons hereinafter mentioned ; that is to say, irom and after the fifth day of April
in this and every ensuing year, during the continuance of this act, there shall be taken
out a license by every hawker, pedlar, petty chapman, and any trading person or persons ;
such person or persons having taken tne oath of allegiance to his Majesty, going from
town to town, or to other men's houses, or who have not become housenolders by perma-
nent residence in any town or place within this province, by or for the space of one year,
{Hevious to the passing of this act, or travelling either on foot, or with a horse or horses,
mule or mules, or other beast bearing or drawing burthen, boat or boats, decked vessels
or other craft, or othefwise, within this province, carrying to sell, or exposing to sale, any
goods, wares, or merchandize ; for whicn license there shall be paid the following sums,
at the time such license be taken out : For every man traveller on foot, five pounds cur-
rent money ^f this province ; for every horse, ass, or mule, or other beast bearing or
drawing burthen, an additional sum of five pounds ; for every man sailing with a decked
vessel, tradjng and exposing for sale, goods, wares, and merchandize, on board or from the
Digitized by
Except tbe 1st, 2d, 7tb,
andStbelanses.
Duties OB lIceiiMi to
be taken oat by bawk-
ers, pedhrs, and petty
cbapmen.
Wben license
taken oat.
to b«
Bywbom.
Amount
tbereon.
of duties
Google
218
C. 6. — ^Piftt-sxohth Tkab of OaoHoc III. — 1818.
[flaeovD
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tndhg wSboBt ft iP
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OoalimMBoe ofthii act.
same^ the sum of twenty-fire pounds; for every man trading with a boat or odier eraik,
and exposing for sale, goods, wares, and merchandize, for each boat or craft the sum of
twenty pounds.
IIL And be it further enacted by the authority aforesaid, That it shall and m^ be
lawful for any justice of the peace, eoUeetor, deputy collector, constable, or peace offieer,
to seize and detain any such hawker, pedlar, or petty ehapman, or other trading persons^
m aforesaid, who shall be found trading without a license, contrary to this act, or being
found trading, shall refuse or neglect to produce a license according to this act, after being
i^equired so to do, in order to his or her being carried, and they are hereby required to
4saiTy such person or persons so seized, unless he or they shall produce their respective
licenses, before three or more of his Majesty's justices of the peace, the nearest to the
place wbeare such o£fence or offences shall be committed, which said three or more justices
of the peace, are berdl»y authorized and strictly required, either upon the confession of
the party offendine, or ^ue proof by witness or witnesses, other than the informer, upon
oath, which 99tix wey are hereby empowered to administer, that the person or pensoiks so
hrou^ befoje them had so traded as aforesaid without a license, and in ease no sudb
license shall be produced by such offender or offenders, before such justices, the nud
justices by warrant under their hands and seals, directed to a constable or other peace
officer, shall cause a sum not exceeding twenty pounds, nor leas than five pounds, with
reasonable costs, to be forthwith levied by distress and sale of the goods, wares, and
merchandize of such offender or oflEenders, or of the goods with which such offender or
offenders shall be found trading, as aforesaid, rendering the overplus (if any there be) to
the owner or owners thereof, after deducting the reasonable charges for taking die said
distress ; and for want of sufficient distress, the offender or offenders shall be sent to the
nearest gaol of such district, for a time not exceeding six months, nor less than one month,
as such justices of the peace shall think most proper.
lY. And be it further enacted by the authority aforesaid. That the collectors acting by
virtue of and under the authority of this act, shall, and they are hereby required to,
make returns to the inspector general of this province, and transmit all such monies as
may come to their hands to the receiver general of this province, in like manner and
Aubject to the same penalties as inspectors and collectors now are by virtue of any law
now in force in this province.
y. And be it further enacted by the authority aforesaid, That the duties levied, collected,
and paid, by virtue of this act, and one moiety of every pecuniary penalty or satisi^ctioB
by this act imposed, shall belong to his Majesty, his heirs and successors, and shall also
be paid by the person or persons respectively receiving the same, into the hands of the
feceiver generad, to and for the uses of his Majesty, his heirs and successors, for the public
Uflies of this province, and towards the support of the government thereof, to be accounted
for to his Majesty through the lords commissioners of his Majesty's treasury for the time
being, in such manner as it shall please his Majestv to direct, and the other moiety of such
pecuniary penalty or satisfaction shall belong to the person or persons who shall sue for
the same.
VI. And be it further enacted by the authority aforesaid, That this act shall continue
and be in force four years, and from thence tp the end of the then next ensuing session
of parliament.
[Continued four years by 4th (Jeo. IV, c 18 : Further continued four years by 9th Geo*
IV, c 8.]
Chapter VI.
An act granting to his Majesiy a duty on licenses to auctioneers^ and on goods^ wares^
and merchandize, sold by auction.
[PttfMd April 1, 181&]
Most oraciovs Soverbiox :
Whereas it is expedient to increase the revenue of this province, to meet the increased
expenditure of the same, and whereas it would be for the advantage of the said province,
if all persons using or exercising the trade or business of an auctioneer, should be obliged
to take out a license for that purpose, specifying their names and places of abode respect-
ively, and to grant imto your Majesty a certain rate upon all sales of goods, wares, and
merchandize whatsoever, sold by way of auction, as hereinafter mentioned ; we, your
Majesty's dutiful and loyal subjects, the commons of Upper Canadm, in provincial parlia-
ment assembled, do most humbly beseech your Majesty that it may be enacted, and be it
enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
Digitized by VnUOy IC
: ^MMMUMmm,]
C. 6. — Fknr-BiQBTB Ykasl of Gsobob III.— 1818.
qC Ids BAgethr's reign,* entitled, ^ An act for making more effectual provision for the
remmentof the proTinoe of Quebec, in North America, and to make further jH*ovision
the government of the said {irovinee,' " and by the authority of the same. That from
and afkerthe passing of this act, all and every person or persons who shall exercise the
ftUfftg or occupation of an auctioneer, shall, and they are hereby required to, take out a
Ucense, as aforesaid, on or before the first day of June next, before he, she, or they shall
presume hereafter to exercise such calling or occupation of an 'auctioneer.
II. And be it further enacted by the authority aforesaid, That all and every person or
persons who shall ei^rcise the calling or occupation of an auctioneer, shall yield and pay
annuaQy, to and for the use of his Majesty, his heirs and successors, for a Ucense to use
and exercise the said calling or occupation, the sum of five pounds.
III. And be it further enacted by the authority aforesaid, That the licenses hereinbefore
mentioned shall he granted by the governor, lieutenant governor, or person administering
the government of this province, amd for every such license that shall be delivered, there
ft^all be paid by the person or persons applying for the same, to the collector, the sum of
five shillings, current money, and no more, for issuing the same.
IV. And be it further enacted by the authority aforesaid, That any person or persons
who shall neglect to take out such license, as aforesaid, on or before the fifth day of Janu-
ary hereafter, in each and every year during the continuance of this act, and shall so
continue to exercise the said trade or business of an auctioneer, or who shall neglect to
exhibit^ in a conspicuous manner, at his auction room, his name and trade as such auc-
tioneer, shall, upon the oath of one or more creaible witness or witnesses, other than the
informer, for each and every of the said negligences or offences, forfeit and pay the sum
of twenty pounds, to be recovered before any three or more of his Majesty's justices of
the peace, in the district where such offence shall have been charged to have been com-
mitted, the party or parties being first summoned to attend, which justices are hereby
authorized and required to issue their warrant, and cause the pemdty, as aforesaid, with
reascHiable costs and charges, to be levied by distress and sale of the goods and chattels of
q|ich oflfender, returning the overplus, if any there be, after the deducting the reasonable
charges for taking the said distress ; and for want of sufficient distress, the offender or
e&nders shall be sent to the common gaol of the district, for such time not exceeding six
months.
y • And be it further enacted by the authority aforesaid. That from and after the first
day of June next, there shall be raised, levied, collected, and paid in such manner as
lierdniafter is mentioned, to and for the use of his Majesty, his heirs and successors, to
and ler (he pahlic uses of thb province, and the support of the government thereof, for
and upon all manner of sales of goods, wares, and merchandize, by way of auction, as
aforesaid, in the province of Upper Canada, the respective rates and duties hereinaifler
expressed, that is to say : the sum of two iA)unds ten shillings for every hundred pounds,
and in the same proportion for every greater or lesser sum of the purchase money arising
by sale at public auction of such goods, wares, and merchandize, the said respective rates
and duties to be paid by eveir such auctioneer, out of the monies arising at each and
every such sale at auction, as aforesaid.
VI. And be it further enacted by the authority aforesaid, That each and every person
acting, as aforesaid, at every such public sale at auction in any part of this province, shall
at the time of receiving such license, as aforesaid, execute a bond, with sufficient sureties,
in the sum of five hundred pounds, current money of this province, to his Majesty, his
heirs and successors, which security the collectors to be appointed for granting such
license^ as aforesaid, shall, and they are hereby authorized to take, with condition that he
will, within sixty days after every such salis, deliver in an exact and particular account to
soch person or persons as shall be appointed to deliver out the licenses, as aforesaid, in
writing, of the total amount of the money bid at each sale, and of the several articles,
lots, or parcels, which shall have been there sold, and the price of each and every such
article, lot, or parcel, and at the same time, make payment of all such smn and sums of
BioDey as shall be due and payable to his Majesty, in pursuance of and according to the
true intent and meaning of this act, which sum or sums of money he is hereby authorized
and enpowered to retam out of the produce arising by such sale, or deposit made at such
sale, or otherwise recover the same by action of debt or on the case, against the person
or persons by whom such auctioneer shall be employed, or on whose account such goods,
wareS) and merchandize shall be so sold ; and every person, so acting as auctioneer, or
the person who acted as his clerk at such sale, if any, shall make oath to the truth of each
and every such account, before the person or persons issuing such license, as aforesaid,
w before some one of his Majest5''s justices of the peace for the district in which such
auctioneer shall reside, which oath, the said person or persons issuing such license, as
afoiesaidf aod such magistrate, is and are hereby authorized and empowered to administer^
StO
Aiicitioinn MMiNi
When.
And pqr £9 for On
BfWlMBtob«
Fm to Uie MllMtor.
Penalty for nnglnet to
tike out the Ueenie and
toexhiUt inn eonapi-
in &
How to be
IninriiOMnant in d»>
Mt of diatreaa.
Uoaof2| nar oant
gooda aold lif nne-
Dntioa
on
To be I
pudbythnnne-
ronteC tho fi»
ceedaoftbeaale.
Bond to be gifen by
anetioneen, to render
an aeoonnt ttd pmr orer
tbeanonntefinchdtt-
Aeconnta to be awom
to.
Digitized by
Google
sso
Not to extend to alie-
rUT'iMOet.
Other ezoeptioof .
It mnj be jnade a eon-
dition at An J aale, that
the porehaser ihaU pay
the anetion dutiec.
On his fidling to pay,
his bidding to be Toid.
Distribntion of penal-
ties imposed by this
act
Infomer.
CoUeetors, how and
when to render ac-
counts.
and timnsmit monies.
Collectors may retain
j£6 per cent.
Appropriation of mo-
nies paid to the recei-
▼er general under this
Limitation of actions
brought for any thing
done under this aet.
Geatinuanee of this act.
C. 7, 8. — ^Firrr-BiOHTH Ybab of Gxobok III. — 1818;
ISmMin^
VII. Provided also, and it is hereby further enacted by the authority aforesaid) That
nothing in this act contained shall extend, or be construed to extend, to chai^ge with the
said rate or duty any goods, wares, and merchandize, sold at auction under the authority
of any sherifif, under sheriff, or constable ; and, provided also, That nothing in tUs «ct
contained shall extend, or be construed to extend, to affect any sale of famung stock, or
utensils of husbandry, or household furniture, that have been in use, any tlung to the
contrary hereof notwithstanding.
VIII. Provided always, and it is hereby further enacted by the authority aforesaid, That
nothing herein contained shall extend, or be construed to extend, to restrain any seller by
auction, or person acting as auctioneer at any sales by way of auction, from making it a
condition of sale, that the pound rate granted by this act, or any certain portion thereof^
fiihall be paid by the purchaser, over and above the price bidden at such sale by auction ;
-and in such case, the person so acting as auctioneer is hereby authorized and required to
demand payment of (he said duty uom such purchaser or purchasers, or such portion
thereof as expressed in such condition or agreement, and upon ne^ect or refusal to pay
the same, such bidding shall be null and void to all intents and purposes.
IX. And be it further enacted by the authority aforesaid, That the moiety of eveiy
pecuniary penalty or satisfaction by this act imposed, shall belong to his Majesty, his hein
and successors, and shall also be paid by the person or persons respectively receivip^ the
s^me, into the hands of the receiver general, to and for the use of his Majesty, his neirs
and successors, for the public uses of this province, and towards the support of the civfl
government thereof, to be accounted for to his Majesty through the lords commisdonen
of his treasury for the time being, in such manner and form as it shall please his Majesty to
direct ; and the other moiety thereof to the informer or person who shall sue for the same.
X. And be it further enacted by the authority aforesaid. That the collectors aeting by
virtue of and under the authority of this act, shall, and they are hereby required to, make
returns to the inspector general of this province, and transmit all such monies as may come
to their hands to the receiver general of this province, in like manner and subject to the
same pains and penalties as inspectors and collectors now are by virtue of any law now j|i
force in this province.
XL And be it further enacted by the authority aforesaid, That the said collector shall
retain and take at the rate of five pounds for every hundred pounds, which he sbaU S9
collect as aforesaid, during the continuance of this act ; and alt monies so paid by the said
collector into the hands of the receiver general, shall be by him accounted for to his Ma-
jesty, his heirs and successors,' through the lords commissioners of his treasury for the
time being, in such manner and form as his Majesty, his heirs and successors, shall be
graciously pleased to direct.
XII. And be it further enacted by the authority aforesaid. That if any action or suit
shall be brought or commenced against any person or persons, for any tlung done in pur-
suance of this act, such action or suit shall be commenced within six months next after
the matter or thing done, and not afterwards.
XIII. And be it further enacted by the authority aforesaid, That this act shall continue
and be in force for the space of four years, next ensuing the passing thereof, and fron
thence to the end of the then next ensuing session of parliament.
[Continued for four years, by 4th Geo. IV, c 17: Further continued for four years, by
9th Geo. IV, c XO.]
Caiapter VII.
An act to repeal an act passed in the fifty-sixth year of his Majesty^ s reign^ entiUed^ ^^An
act granting to his Majesty a sum of money ^ to be applied for the encouragement of
the cultivation ofhempy within this province^
Preamble.
(S5UiGeo. Ill,c6.)
Chapter Till.
An act to provide for the registering ofdeedSj conveyances^ tviUSj and other ineumbranr
ces^ which may affect any lands^ tenements^ and hereditaments^ the same being executed
in the united kingdom of Great Britain and Ireland^ or in any of his Majesty^s colonies^
and to amend an act passed in the thirty-fifth year of his MaJesty^s reign^ entitled^ " J»
act for the public registering of deedSy conveyances^ wiUsy and other incumbrances^
which shall be made, or may affect any lands^ tenemfnts^ or hereditaments^ within this
province.^^
[nMiedAiNnll, 181S.]
Wh£rkas it is expedient to amend the provisions of an act passed in the thirty-fifth year
of his Majesty's reign, entitled, ^^ An act for the public registry of deeds, conveyances.
Digitized by VrjiJOV IC
OiWiiWif f»Hlitw»TO
C. a-*4^irr^EmHTB VuR^af Qvow^k llh^ABl^.
S»l
wiBs, and other incumbrances, which shall be made or may affect any lajids, tenements;
(yr hereditaments, within this province f^ and whereas great inconvenience annd difficulties
have adsen in casea wfaeve persons residing in Great Britain and Ireland, or in any colony
helongiDg to his Miyesty, who may have bad occasion to execute any deed or conveyance,
or tio\ nave made 0r ptd)lishe4 any will, whereby anv lands or tenements within this pro-
TiQce^lD^ be affected, by reason of the difficulty of registering the same, aetording to the
d^QCDdA of tb& said recited act ; for remedy whereof^ be it enacted by the King's most
e3MelW.D< Mjaiesty , bvand Withtlie advice and consent of the legislative council and assembly
of the province of Upper Can,adia, constituted and assembled by virtue of and under the
authority of an act passed in the parliameot of Great Britain, entitled, "An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, 'An
act for making more effectual provision for the government of the province of Quebec, ill
North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That from henceforth, whenever any person or persons
residing in Great Britain or Ireland, pr in any colony belonging to the crown of Great
Britain, shaH or may hav^ occasion to eifecute any deed or conveyance, or make or publish
any wiU whereby any lands or tenements ^vlthin this province may be affected, it shall
and may be lawful to and for the parties concerned, to execute a memorial of any such
deed, conveyance, or will, or probate of the same^ iii like manner as is authorized and
directed by the said in part recited act.
II. And be it farther enacted by the aufhofify aforesaid,. That any memorial of any such
deeft or coAvOjrance, which shall have been or may hereafter be executed or publit^h^d in
any part of Great Britahi or Ireland, or in any colony belonging to the crown of Great
Britain, dliU be entered or registered by the register or his deputy of any county or coun-
ties within ibis province, in ease an a&davit shall have been sworn, or shall hereafter be
sworn, before the mayor or chief magistrate of any city, borough, or town corporate, in
Great Britain or Ireland, or the chief justice or judge of the supreme court of any colony
belonging to the crown of Great Britain, and be brought to the said register or his deputy,
wherein one of the witnesses to the execution of such deed or conveyance shall have
dworn, or shall hereafter swear, he or she saw the same, as also the memorial thereof exe-
cuted ; and in case of wills, one of the witnesses to the memorial of such will, or probate
thereof, shall have proved, or shall hereafter prove, the execution of such memorial, the
same sbaU be a sufficient authority to the said register or his deputy, to give the party that
brings such deed or conveyance, will, or probate thereof, and the memorial of the same,
together with such affidavit, a certificate of the registry of the same, in like manner as if
the execution thereof had been prove<i before the said judge, commissioner, register, or
his deputy, as aforesaid.
III. And be it Airlher enacted by the authority aforesaid. That from and after the passing
of this act, ih' such cases where the witnesses to any deed, conveyance^ or instt-ument,
incuBabering lands in this province, shall be dead, it shall and may be lawiiil for the gedtntee
or grantd^ hia or their heirs, executors or administrators, guardians or trustees, to make
proof befrn^ ttie justices in quarter sessions assembled, of the execution of amh ikistru-
meot, 6|nd upon certificates signed by the chairman, and witnessed by the clerk of the
peace, that the niafority of the magistrates present in such sessions were satisfied by such
proo^ of the due execution of such instrument, it shall and ma;^ be lawful for the register
of the said eoujtity to register a memorial of such instrument, together with the certificate,
which registration shall have the same force and effect, as that of a memorial registered
according to the provisions of the before recited act, passed in the thirty-fifth year of his
Majesty's reign, and no other.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the justices of the peace in each and every district in this province, in quarter
sessions assembled, to receive such evidence upon oath, and that if any person or persons
shall at any time forswear him, her, or themselves, before such magistrates, he, she, or
they shall incur and be liable to the same penalties as would have been incurred upon
conviction for wilful and corrupt perjury, in any evidence given in his Majesty's court of
king's bench in this province, in any cause there depending.
V. And be it further enacted by the authority aforesaid. That no certificate to be granted
as aforesaid, by any such mayor or chief magistrate of any city, borough, or town corporate
in Great Britain or Ireland, or of any colony belonging to the crown of Great Britain, shall
have any force or effect, unless the seal of such city, borough, or town corporate, shall be
affixed thereto4
88
JVf eSoHal to h€ mode of
iwr det<d, cbbvcjunct,
will, Itc. executed In
Greet Britain or Irelend
or an J Britieh ooknf
How Bach memorial
•half 15^ re^elyed, proT-
ed, and ^ttrftd.
CertiUcMte of rcgbtiy.
Prorieion for ike ngia-
try of deeds, &c. wmb
the witn^e»et to the
edeM.
How proof of deedi in
such case* shitll lie re-
ceiTbd:
Perjury.
Certificates of the may-
or or chief magistrate
of any city, boroogh, or
town co^rate, reqair*
ed by this act, nof to be
evidence wiuiout th^
Seal of sttch titj, &e.
Digitized by
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tSf» C. d, lOy tl, 19, IS.— Fimr-KtOHTH Ykas of Osoms III.— 1818. [Smootm S\
Chapter IX. '
An act to repeal an act passed in the thirty-fifih year of his Maiesty^s reign^ entitled^
^^ An act to ascertainthe digibUUy of persons to be retimed to the house o/assemblyj'"
mnd also to repeal an act passed in the fifty fouifh year of his Majesty^s reigny enliUedy
^^ An act to repeal and amend paft of an act passed in the thirty-fijlh year of his
Mq/esiy^s retgn^ enHUed^ ^ An act to ascettain the eUgUriliiy of persons to be rsturmed
to the house of assemMy^^ '* and to make further and more effectual proirisian for
securing the freedom and constitution of the parliament of this province.
IBarsALBi) BY 4tb Obo. IV» Cr. Sw]
Compter X.
£9Miai.iM.«niifed An uct to make good certain monies issued and advanced by Us honor ^ the udmrimiwtra-
J^Sa^^rSbVi tory pursuant to an address qfthe commons house of assembly.
Chapter XI.
g*2*for*Sjo**^ -An act to continue an act passed in the fifty-fifth i/ear of hu Majesty'^s reign^ entiOtdj
^* An act to repeal an act passed in the fifty-fourth year of his Majesiy^s reign j entitled^
^^.^J^^ * ^^ ^ct to supply in certain cases the want of county courts in this province^ and
I fimn tkenee to I
■eifioB of ptr-
to make further provision for proceeding to outlawry in certain cases therein men-
tioned.''^
[COBTUrVBD FOB BI«BT TBABI Br Sd C>B0. IV» Cb. •.]
Chapter XII.
An act to remunerate certain commissioners therein mentioned.
[£900 applied to tlie reniiuiention of the commituoBen appointed to treat with tho eoaiaiiiMooen of Lower CiSBda, at
■oBtnal, theSlft May, 1818.]
Chapter XIII.
An act to repeal an act passed in the fifty-sixth year of his Mafesty^s rdgn^ enOOsiy
^^ An act to continue for a limited time the provieional agreement entered into between
this province and Lower Canada^ at Montreal^ on the fifth day {fJuty^ one thousmi
eight hundred and four^ relative to duties ; also for continuing for a limited Itme, tie
several acts of the parliament qftkis province relative thereto^ and also to ra^ emd
cof^rm the provisional articles of agreement entered into by the respective eomsmeeum^^
ers of this province and Lower Canada, at Montreal^ on the thirty-first day of iJbiSy
one thousand eight hundredand seventeen^ rdative toduties^ and for carrying thai
into effect.^^
Digiti
zed by Google
Third Session of the seventh Prorlnelal Parllanienf •
AT TOEK, ON THE TWEUPTH DAT OP OCTOBER, AWD PROR90UED ON TBB TWENTT-
UBfSNTU ^AT OF NOVEMBER POLLOWINO, IN THE FIFTY-NINTH TEAR OF THE-
EEION OF 6E0R0E III.
PKEBOIUNB BCATTLAND, K. C. B., LIEUTENANT GOVERNOR.
Ajmo I>omlia 1818.
caiapter I.
' tamgfdate liefhub 6y lamd and tntand'tmrigaUcnj bdwem thi$ province und
the VhiM States of America.
[RftPBALXD BY Sftrn Gso. UI, 2d Bsifxojr,.Cji. LI
Chapter TT.
jtn aid to alter the laws now in force for gmnting^ Ucen8e$ to innkeepers^ and'fo give lb
the Jueiices of the peaee^^in gfineral quarter eessums. assembled^ for their respective
disMdSy authority to regulate the duKes hereafter to be paid on such licenses.
[PatMd NoT«mber 27, 1816.]
WiUBRBASiit 18 expedient to repeal part of,, and amend tbelawa now in force, regulating
Ae- maimer of Keensing puUfe houses, and^for the retailing of wine, brandy,, rum, or any
other spirituous liquors; be it enaeted by the King's most excellent Mijesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an. act passed'
in the pailiament of Great Britain, entitled, ^^ An act to repeal certain. parts o£ an act passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
fiirthernrovisiim for the government of the said province,'" and by the authoritv of the
same. Thai the third clause of an act of the parliament of this province passed in the
thifftj-fiDUcth year of his Majesty's reign, entitled, " An act for regulating the manner of JfJ^Jte?.**''**'^*''
lieeiMiiig. puUic houses, and for Ae more easy convicting of persons selling spirituous
l&|(ieie wilboufe license;'' also die second clause of an act passed in the thirty-sixth year aiM^a^-aaikOM. III.
of his Maiestf 's reigp, entitled, ^^ An act to amend an act, entitled, ^ An act for regulating « S;
the manner of licensing pablic- houses, and for the more easy oonviotinc of persons selling
r' loous liquors without license,' " also the third clauseof an act oF the parliament of tlk^,Bt,4BQkGm^,nh
pnmnee passed in the forty-fifth yean of his Majesty's reign, entitled, ^^ An act for ® '«
akermg the time of issuing licenses.foitthe keeping of a house or any other place of public
entertainment, or for the retailing of wine, brandy, rum,, or any other spirituous Uqiiors,
or for the having and using of stills for the purpose of distilling spirituous liquors," and
for repealin^.so much of the fifth clause of an act passed in tW forty-third year of his
Afa^'esty's remn, as relates to the periods of paying into the hands of the receiver general,
the monies cwected by the inspector of each and every district throughout this province
ibr siieh licenses, and .an act of the parliament of this province passed in the fifty-sixth
year of his Majesty's reign, entitled, ^^ An act to repeal part of, and to continue and amend
an act paseed in.the fifty-fourth year of his Majesty's reign, entitled, 'An act for granting
to his Majestyi an additionaL duty on shop and tavern licenses,' " be, and the same are
hereby repealed.
II. And be JtifUrtber-enacted'by Uie^authority aforesaid; That it shidl and maybe lawful
for the justices of the peace in general quarter sessions assembled^, in each* and every
distriei respectively, in this province, and they are hereby required at their meeting next
before the fifth day of January in«each and every year, except the present^ to adjourn the
said court of general quarter sessions to the last Monday in the monthof December, in
which adjourned sessions the said justices shall have power to limit' the- number of inns
and nublfe houses in their respective districts, and then and there to hear and receive
aj^ications from all such persons as desire to take out licenses for opening inns or public
houses witfaia their said several districts ; and the said justices shall, upon hearing and
Digitized by
and tlie wbole of SSlk
Geo. Ill,«10» repealed
(Alto the IHM oT ap-
ptiealMWyNMaled. Sea
4tkGeo.lVrel£)
v:iOOgle
«M
CWMter.ofpenoii ap-
plyins ^ ^ inqiured
IBt(K
Jiuticefl to grant oerti-
fidUes, on ^hich, in-
mctor, on pnjrmeui tif
datiei, &.C. to gwt li-
C. 2. — PifTT-wiirrH Year of Obohgk III. — 1818.
[VmRD
ProrislonB of fonp^
nets to be in force, ex-
e^ae varied bythii
Jastleea empoweis^ to
meet aa herein pro-
vided.
Jnatiees when they
grant certificates, maj
iqyportion the duties to
M paid for tavern li-
eenaea, according to
•itnation, &c.
Which duties only
' shall be exacted by tbe
inspector,
being in no case more
than £12 10«.
or les:>than £A coj^ren-
(Le 11th CMo. IV, e
d,s4.)
Persons may obtain
certificates for tavern
licenses at any time da-
ring the 3rear.
Magbtiates shaHframe
ivies and regnUUions
fw the conduct of ta-
vmheeperi.
Clerit of the peace to
transmit qnarterly ac«
counts to the inspector
gneraly of. duties to be
ujreik bjr the inspectors
for tavern licenses un-
der orderp of sessions.
How the flotiescotiejci*,
ed under this act> are
to be paid over and ac-
counted for.
<CMithited for two
yunt, byS^Owk IV,
receiving any application from any person, praying to have a license granted to him or her,
inquire into the life, character, and behavior of the person so applying, and if it shall appear
proper and necessary to the said justices, or a majority of them then and there assembled^
to graot a certificate, and that the party applying is a sober, honest, and diligent person,
and a epod subject of our lord the Kins, the presiding magistrate shall tho^ and tiiere
grant him or her a certificate under his hand and seal, which certificate shsdl enable the
party so h<dding the same to apply for and take out a license^ on or before the fiflh dajr of
January then nea^t ensuing the date of such certificate, and that the said oertificale shall
be a proper and sufficient warrant for the inspeeiors of the several districts respectively to
grant, and they arc I\ereby required to grant, to the said person holding the said certificate,
such license, on receiving payment of such auties as are imposed by this act, or hereafter
may be imposed by law on the same, and that all the rules, regulations, restrictions^
penalties, matters, and things which are by any act or acts of the legislature of this pro-
vince iix foi-ce, touching and concerning the aj^ying for, allowing, granting, obtaining, or
in any wise relating to the said licenses hereinbefore menttoned, except so far iis they are
varied or changed by this act, shall and are hereby extended to such licenses as foresaid,
any thing herein contained to the contrary notwithstanding.
III. [Rejiealed by 4th Geo. IV, c 18, g 1.]
IV. And be it further enacted by the authority aforesaid, That on grantibg sufph cer-
tificate as aforesaid, it shall and may be lawful for the said justices, and they are her^j
required to direct the inspectocs of the several districts respectively, to receive from the
person taking put any license for keeping such public house or inn, as aforesaid, suchsu^
as they, or the majority of them assembled, as aforesaid, sh^l adjudge just and proper^^
according to the situation of such inn : Provided always. That it shall not be lawful for
the said justices, or a majority of them, as aforesaid, to order or dii^i^t the d^d ihspGetcn:^
respectively, to receive for any such license, as aforesaid, a greater sum than twelve
pounds ten shillings, or a lesser sum than one pound sixteen shillings, st(^fling, Wd the
additional sum of twenty shillings, currency, now imposed by law, any law to the contrary
therebf m any wise notwithstanding.
V. And be it further enacted by the authority aforesftid. That it BhaH and m^y be hwfiil
for any person or persons, not having obtained a license fot keeptng an inn or bouse of
public entertainment, upon a certificate from the justices assembled on the l^t Mimday i^
December, as aforesaid, for the purpose aforesaid, or from the adjourned quarts sessions
in each and every^year, during the continuance of this act, being deisiroud of keeping an
inn or public house, to apply for such certificate at any time during the y^i|r^ to the
justices of the district in whioh he resides, in general quarter sessions assembled, and ft
^hall be lawful for the said justices to inquire into the character and behavior of the person
applyifigf and if it shall appear to them expedient to increase the number of inns or pubitc
houses, and the party applying is qualified, as aforesaid, the (Mesiding i^agistrate shsH
then and there grant a certificate, in manner and for the purpose, and nndter such regula-
tions and restrictions, as are hereinbefore mentioned.
VI. And be it further enacted by the authority aforesaid. That it shall aaoid may ^
lawful, and it is hereby i-equired, that the magistrates, at the time of grandtag such e^i>-
ficate, as aforesaid, shall make and frame rules and resolations for the observanee of the
several innkeepers in their respective districts, which rules and regulatioils the saad
innkeepers are to be bound by their recogniisances to abide by ; a copy of which rules
and regulations, for the information of traveliens, to be fixed in some eonspicuous place \n
every house so licensed within the province.
VH. And be it further enacted by the authority aforesaid. That it shall and may be
lawfbi for the clerk of the peace in each and every district of this province, and he is
hereby required to transmit quarterly to the inspector general of this province, a detailed
statement of all orders of sessions, relative to duties to be taken by the said district
inspector for any license granted under the authority of this act
Vllf . And be it further enacted by the authority aforesaid. That each of the said in-
spectors shall account for the monies in the same manner, and pay in the same to the
receiver general at the same time he is now obliged to pay over all puUic motiifts which
^me to his hands, and in default of such account or payment, shall be liable to the penal-
ties imposed by any law now in force requiring such account and payftient.
IX. And be it further enacted by the authority aforesaid. That this act shdl continue
in force for two years, and from thence to the end of the then next ensuing session of the
provincial parliament, and no longer.
[This act expired in 18£9 : Revived in part in 1830, by Geo. IV, c 9.]
Digitized by
I ■
Google
fmmfB mwJtAmm.]
C. 8, 4.-^FirtT-*rftrrH YkAXi tjhf GxbftQ& yj.^1818.
Chapter III.
4n act for the bdter division of the county of Glengarry into townships,
[Passed November 27, 1818.]
W^KRlcAa from the great extent of the township of Lancaster, in the countj of Glen-
parTjy in the Eastern district of this province, and the great population therein^ the
inhafaitants of the said township experience many inconveniences, in particular in attend-
ing town meetings ; and whereas it has become expedient to divide the said township^
and to constitute and form a new township out of certain parts thereof ; be it therefore
^Qacted by the Kill's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entilled^" An act to repeal certain parts of an act passed in the fourteenth year of
his Majeety^s reign, entitled, ^ An act for making more effectual provision for the govern-
ment of the province of Quebec, in North America, and to make further provision for
the government of the said province,' " and by the authority of the same. That from
and after the passing of this act, the first or front nine concessions of the said township of
yincaster shall form and constitute the township of Lancaster.
\L 4^nd be it further enacted by the authority aforesaid, That the north or rear nine
iObceMoBS of the afores^d township of Lancaster shall form and constitute the township
of IfiOcJiieL
111. And be it further enacted by the authority aforesaid, That the said township <rf
liaacaster, and the said township of Lochiel respectively, ^aU be under the saxne regnla-
tions, aiid entided to the same privileges as any other townships within this in-ovince :
Provided always, and it is hereby enacted by the authority aforesaid, That such divisiOB
skaU noit invalidate the legality of any existing p<Hnmission, granted for the exercise of
any audiority or jurisdiction within the said townships, or to make void or otherwise affe^
any grant of lamd or other legal proceedings, within the limits of the said townsb^, any
}/xw or nn^e to the contrary notwithstanding.
Preamblei
The front or fint aim
eoneesakMiB of hane*^
ter to form hereafter the
township of Laneagter.
And the nine eoneea-
aioDs in nar, to forai
the townahip of Lochiel
Theae two towoshipa
shall haye the sanaa nar
golations, &c.M othera.
Thia<aatM0t4ohKMK>
date anj existing ^etf»
mission, or to afieet any
mat of lafed or olk)r
fegia proceediqgs.
(6ee88thGoo.II]!,e5.)
Cbapter IV.
An act to empower the commissioners of the peace for the Eastern districty in their
CQvH sf general quarter sessions assembled^ to esUMish and regulate the time far
holding a market in the town of Cormoallj in the said district.
[Passed November 27, ]ISt8.]
WatoMiAs it is expedient for the convenience of the inhabitants of the Eastern district, PKMsbie.
0iat a market should be established at Cornwall, in the said district, and that the tfmes
for hoMing such market should be ascertained; be it enacted by the King's most ex-
cellent Majesty, by and with the advice and consent of the legislative council and
assembly t»f the province of Upper Canada, constituted and assembled by virtue of anA
vnder the authority of an aot passed in the parliament of Great Britain, entitled, ^' An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty 's reign^
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
s^id province,' " and by the authority of the same, That from and after the passing of this
aol, a maritet shall be established and kept in the town of Cornwall, upon the lot or lots
in said town which are reserved by the executive government for that purpose.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful
|pr the commissioners of the peace in the Eastern district, in their court of general quarter
sessions assembled, and they are hereby authorized and emi)owered to fix upon and to
appoint such days and hours for the purpose of selling butcher's meat, butter, eggs,
poultry, fish, and vegetables, and to make such other orders and regulations relative thereto,
IS they shall deem expedient.
III. And be it further enacted by the authority aforesaid, That the said commissioners Pines to be imposed,
shall be, and they are hereby authorized and empowered to impose such fines, not exceed-
ing twenty shilHngs, for any offence committed against such rules and regulations, as to
them in their discretion shall seem requisite and proper.
IV. And be it further enacted by the authority aforesaid, That all such orders, rules,
and regidations, shall be published, by causing a copy of them to be affixed in the most
publie place in every township in the said district, and at the doors of the church and
court house of the said town of Cornwall, and that such orders, rules, and regulations,
shall not he in force, until three weeks after such publication.
V. And be rt further enacted by the authority aforesaid. That if any person shall anareceiTnirpenaiue*.
transgre'SB the orders and regulations, so made by the said commissioners, such person shall ^ u % i )i )Ct1p
A market established
in the Umn^Cm/mmM
Market dajs and other
regulations to be made
by the JQsjtioes.m quar-
ter sessioB«.
P^bHealioB of
and legnhtioM.
Mode of eolleetliiir <h«sl
and receiving penalties.
v»
To wkom paid md how
•ecoiwled f<Mr.
C. 6, 6, 7, 8. — ^FiFTY-NnfTH Yhar of Gbobob III. — 1818.
[T^WD.
for every such transgression forfeit the sum which in every such order, rule, and r^pib-
tjon, shall be specified, to be recovered by information before any one commissioner of
the peace, upon the oath of one credible witness, and to be levied by warrant under the
hand and seal of such commissioner, upon the goods and cbatteb of such offender, and
that one moiety of the 9um so levied shall go to the informer, the other moiety shall be
paid into the hands of his Majesty, his heirs and successors, for the pubUe uses of this
province, and towards the support of the government thereof, to be accounted for to his
Majesty through the commissioners of his treasury for the time being, in such manner ami
form as it shall please his Majesty to direct.
Cbapter V.
An act to appropriate a certain sum of money for the purpoaea^ therein meniioned.
(£760 granted for opening and amending roads in oertain new settlements in the dittricti;of JoiufltowD ■adXfewevfUb]
Preamble.
MttC^. IU,elO,r•-
(8ee00ChOeo.III,»9O
Chapter VI.
4n act to continue the laws now in force for granting an additional duty on shep
licenses.
CPuaed Norember 27. 18I&}
Most gracious Sovbr£ion :
Whereas an act passed in the fifty-fourth year of his Majesty's reign, entifled, *' An
act to grant to his Majesty an additional duty on shop and tavern licenses,'' is about ex-
piring ; and whereas it is expedient to continue the additional duty on licenses to shop
keepers, for retailing wine, brandy, and other spirituous liquors ; be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the legisktire
<;ouncil and assembly of the province of Upper Canada, constituted and assembted bj
virtue of and under the authority of an act passed in the parliament of Great Britain^
entitled, " An act to repeal certain parts of an act passed in Ihe fourteenth year of his
Majesty's reign, entitled, 'An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, Tiiat in addition to
the sum of one pound and sixteen shillings sterling, and the additional sum ef twenty
ahillings currency, directed and required to be paid by law before the passing of the said
act of the fifty-fourth year of his Majesty's reign, upon every license hereafter to be
granted by the governor, lieutenant governor, or person administering the government of
this province, to shop keepers, for retailing wine, brandy, and other spirituous liquors,,
within this province, which shall stilt be and continue to be levied, collected, and pai#,
as it: hitherto has been levied, collected, and paid, by the several acts of this province in
force ibr that purpose, there shall from and after the passing of this act, be raised and
levied, collected and paid, under the same restrictions and penalties as are in the said
acts contained, unto his Majesty's receiver general of this province^ to and for the ub^ of
his Majesty, his heirs and successors, and to and for the uses of this province, to be aceouot-
ed for to his Majesty, his heirs and successors, through the lords commissioneni of his
Majesty's treasury for the time being, in such manner as his Majesty, his heirs and succes-
sors, shall direct, the further sum of five pounds currency.
Ih And be it further enacted by the authority aforesaid, That this act shall continae
and be in force for five years, and from thence to the end o£ the then next ensuinc session
IvTST''^*^^ of parliament. ^
Theadditkmal duty of
iestobeeontinaed.
Qpw to be paid and
' llbr.
Chapter VII.
An act granting to his Majesty a sum of money for certain purposes therein mentioned.
[iC18,795 68. sterling, appropriated as hereinafter mentioned; also, £5JS15 5«. appropriated ,to the serrice of the jear 1819. ]
Chapter VIII.
An ad further to extend the provisions of an act parsed in the forty^Jifth year of kia
Majesty^s reign^ entitled, " An act to tnake provision for the further appointment of
parish and town officers throughout this prov^ince.^^
[Passed Norember 27, 1818.1
Wh£reas by an act passed in the forty-fifth year of his Majesty's reign, entitled, "An
act to make provisions for the further appointment of parish and town officers throughout
Digitized by VrjiJOV IC
ScVElfTH Pa&UAUSIIT.]
C. 9, 10. — FiFTY-wiNTH Year op George III. — 1818.
22T
this province,*' it is enacted, that the number of overseers of highways and roads shall
not exceed twelve ; and whereas that number is in many townships in this province,
found from experience not to be sufficient ; be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That it shall and may be lawful from and after the .
passing of flus act, ibr the inhabitant householders assembled under and by virtue of the
said act of the forty-fifth year of his Majesty's reign, in their town meetings, to choose
and nominate under and agreeably to the provisions of the aforesaid act, in addition to
wbat they are now authorized to" choose, when and where as it is found necessary, not
more than three persons [a] to serve the office of overseers of highways for such parish,
iown^ or township, any law to the contrary notwiths^ding.
(4601060. UI»CLe.)
How OTorieeri of lii|li''
wmy naj hoicaftor m
ehOMB, m additioB to
the twelTo now mAti^
rised by Isw for aay
township.
(Seo 88d Geo. Ul, •
[a] ThirtT BMnrbenow
. BeenthGoo.
IV, o 7,
Chapter IX.
An act to make good certain monies issued by his honor Mr. Administrator Smithy in
pursuance of an address of the commons house of assembly.
make Rood tne same
torn adfMoed on an
addreta.
Chapter X*
An act to authorize the inquiry and trial of crimes and offences committed within this
fromncej without the limits of any described township or county j to be had in any
district thereof.
[Passed Norember 27, I8I8.]
Whkusas by an act passed in the thirty-eighth year of his Majesty's reign, entitled,
"An act for Ule better division of this province," large tracts of country are compre-
hended in the several districts of this province, which are not within the limits of any
township or county therein ; and whereas crimes and offences have been committed, and
may hereafter be committed, in such tracts of country, which it might be inconvenient to
try in the particular district wherein the same may have been committed ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
l^islative council and assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain^ entitled, " ^ilVMt *^ '•^^<»^ certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
«>vemment of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That all
crimes and offences, committed in any of tlie said tracts of country or parts of this pro-
vince, not being within the limits of any described county or township, may be inquired
of and tried within any district of this province, and may and shall be laid and charged
to have been committed within the jurisdiction of the court which shall try the same, and
such court may and shall proceed thereon to trial, judgment, and execution, or other
puniflhrnent for such crime or offence, in the same manner, as if such crune or offence had
oeen really committed within the district where such trial may be had, any law, usage, or
custom, to the contrary notwithstanding.
II. Provided always. That when and so soon as any new county or counties, town or
towndiip, shall be laid .out, described, and established, in any of the tracts of country
aforesaid, and shall be so declared by law or by proclamation, under the hand and seal of
the sovemor, lieutenant governor, or person administering the government of this province
for th^ time being, by and with the advice and consent of his Majesty's executive council,
all crimes and o£tences committed within the limits of any such new county or counties,
township or townships, shall be inquired of and tried, in the district or districts wherein
such new county or counties, township or townships, shall be respectively comprehended,
in like manner as such crimes or offences would have been inquired of and tried, if this
present act had not been made or passed.
8SUiGoo.UI,c5b f
citodt
Hereafter ^ offeneea
committed ia vaorga-
nixed parts of this pio-
Tinee mar be trico bk
any diatnet thereof.
When rach mmrgaiii^
zed parts of the pro-
rince shall be formed
into townships, the
prmrisions of this act
shall not apply to them
Digitized by
Google
C. 11, 13.— FiFTT-iainrH Yjj^h or Oboaok IH.— i8l8» [l^^SD^PMiiffp,
Chapter XI.
An act toprevenU cetUrin tneeHnga withm ibiapromnoe.
[IUpbalsd bt OOith Oxo. IU, Cb. 4]
. Chapter Xlf •
An act far vesting in cammissianers the estates of certain traitors^ and also tka eitajteg
of persons declared aliens^ by an act passed in the fifiy-fourth year of his Majtety^e
reign, entitled, " An act to declare certain persons therein deseribedj aliens^ ^nd to vest
their estates in his Majesty^ and for applying the proceeds thereof towards compen0ar
ting the losses which his Mqjesty^s subjects have sustai$k0d in consequence of ike late
tOai^, and for ascertaining and satisfying the lauiful debts and daimfi thereupon.^^
Pnuable. Whsreas by the operation of an act of the parliament of this province passed in tlie
64Mi Geo. Ill, e 9, to- fifty-fourth year of bis Majesty's reign, entitled, " An act to declare certain person
* therein described, aliens, and to vest their estates in his Majesty," and by inqmsitions
JttGS.^,*i^;*9S ^*»^7^««,^d returned, according to the provisions of the said act, his Majesty bw
Gko. iv^ e L) ' become seized of lands in this province, of considerable value, which it is ejcpedi^nt
Bayri initaMtioM re- ^^^^^ ^f Sold, that the claims of all bona fide creditors, and pe]:sons having any just lien
■pecting tlM foHeito^ or security upon the same, may be paid and satisfied, and the remaining proceeds thereof
•••■^^ applied agreeably to the gracious instruction of his royal highness the Prince Regent,
acting in the name and on the behalf of his Majesty, communicated through Iris honor
Samuel Smith, esquire, late administrator of the government of this provuce, towards
compensating the losses which his Majesty's faithful subjects of this province have aus-
iaihed hy ths inVaSiott of the ^nemy, or otherwise, in consequence of the war, hetely
terminated between his Majestj ?in4 tne United States of America ; and whereas,^ »ko,
during the late war with the United States of America, a number of his Majesty's arnb-
jects in this province, contrary to their duty of allegiance, were wickedly and traitorously
adhering to the enemies of his Majesty, or did levy war against his Majesty, orweftf giiUfy
of other high treasons, and it being in like manner signined to be the graciotjs fajteotton
of his royal highness the Prince Regent, that the estates, real and personal, of sufch ]^r-
Sons as have been or shall be duly attainted, as guilty of high treason during the Mi^ ivai*
with the United States of America, should be likewise applied towai-ds compensatinij ^c
losses which his Majesty's faithful subjects of this province have sustained by the ihvaBiOli
of the enemy, or otherwise, in consequence of the said war ; therefore, ha order to calrry
{he said gracious intentions into effect, and also that due provision may be made for tfe(k
satisfaction of all just and lawful claims, which any of his Majesty's dutiful and loyal sub-
jects may have to, upon, or out of the estates of such rebels and traitors ; be it enacted by
the King's most excellent Majesty, by and with the advice ahd cotisent of the le^lative
council and assembly of the province of Upper Canada, constituted and assembled by vi^tiie
of and under the authority of an act passed in the parliament of Great Britain, etititled, ^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majes^'s re%n,
entitled, * An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government ci the
^ said province,' " and by the authority of the same, TTiat it shall and may be lawftil to and
Goremor to q>|M>int ^^^ ^be governor, lieutenant governor, or person administering the government of this
2>»««j«j2f"*^'*®"* province, from time to time, by commission under the great seal of this province, to autbo-
•Ml and peiwAalt thaii ^^^ ^^^ empowcr such and so many persons as he snail think fit, to be commissioners
he vMtodL and trustees, in whom all and every the real estates that now are, or hereailer may become
vested in his Majesty, by the operation of the said act of the parliament of this province
passed in the fifty-fourth year of his Majesty's reign, entitled, " An act to declare certain
persons therein described, aliens, and to vest their estates in his Majesty," and the pttK
ceedings that have been had or may take place thereupon, and also, all and evety the
estates, both real and personal, that have become vested, or may hereafter become vestfed
in his Majesty, by the attainder oflany person or persons convicted of or for any high
treason, committed during the late war between his Majestv and the United States of
America, shall be vested in the manner, and for the ends anJ purposes hei'einaftet' men-
tioned.
II. And to the end that all the estates of the said traitors, of what nature soever, within
this province, which by the attainder of any person or persons of any high treason, by
him or thcyn committed during the late war between his Majesty and the United States of
America, shall have been or may hereafter become legally forfeited to his Majesty, and
also all the real estates which, by the said act of the parliament of this province, passed
^ .. •.' . ^ Digitized by VnU WW It:
Swamva Faauahbht.]
C. VL—Favx^wva Ymar of Osoxos III.— 1818.
Certified extnetf of
iaqaisiticns to lie ftu-
nithed to the eommb-
•iooen by th* eleik of
thei
In the Mj^fourth year of his Majesty's reien, and by the proceedings that have been or
may be hereafter had thereupon, have or hereafter may become vested in his Majesty,
may be the better known, described, and ascertained, and that the rents, is^es, profits,
and produce thereof may be recovered and brought in for the use of his Majesty, to be
applied in the manner hereinbefore expressed, and that due examination may be taken,
and satisfaction made of all just and lawful claims to, upon, or out of the said estates, or
any of them ; be it further enacted by the authority aforesaid, That the clerk of the
crown for this province shall, within three months after the passing of this act, deliver
to the commissioners to be appointed under this act, an extract, certified under ifae seal of
the court of king's bench of this province, of all inquisitions heretofore made and taken
under the provisions of the said act of this province, passed in the fifty-fourth year of his
Majesty's reign, whereby any real estate or estates have been vested in his Majesty, and
also a certified extract, under the seal of the said court, of all inquisitions whereby any
real or personal estate, of any kind whatever, have been returned, as forfeited to his
Majesty, by the attainder of any person or persons, of any high treason committed during
the war lately terminated between his Majesty imd the United States of America, in
which extracts of the inquisitions taken under the said act passed in the fifty-fourth year
of his Majesty's reign, shall be stated the names, additions, and late places of abode, of
the persons inquired of by the said inqubitions, and the real estates which by such inqui-
sitions are vested in his Majesty, as the same are described in the said inquisitions
respectively, together with the date of the said inquisitions, and the names of the com-
missioners by whom they were respectively taken ; and in the extracts of the inquisitions
upon attainders of any person or persons for high treason, as hereinbefore mentioned,
shall be stated the names, additions, and late places of abode, of the persons attainted,
the species of treason of which, and the respective times, places, and courts, when and
where they were so attainted, and also, the real estates, chattels, real or personal debts,
goods, and effects whatsoever, which in the said inquisitions are found to be forfeited by
such attainder ; and that the said clerk of the crown for the time being shall, within thirty
days after any inquisition shall be hereafter returned into the court of king's bench, under
the provisions of the said act of the fifty-fourth year of his Majesty's reign, whereby any
real estate shall become vested in his Majesty, or after any inquisition shall be returned
into the court of king's bench, whereby any real or personal estate shall be found vested
in his Majesty, by the attainder of any person or persons for any high treason, committed
during the existence of the late war between his Majesty and the United States of
America, make out and deliver to the said commissioners like extracts of the same res-
pectively, all which extracts or certified lists, the* said commissioners shall enter into a
book, to be provided and kept by them for that purpose.
III. And be it further enacted by the authority aforesaid. That an extract from that
book, signed by any two or more of the said commissioners, shall be taken and held as
sufficient evidence of the matters therein certified, in all courts of justice within this
province, as far as may concern the execution of this act, as fully as if the records of such
attainder or inquisition were produced in such courts.
IV. And be it further enacted by the authority aforeskid. That the said commissioners,
or the majority of them for the time being, are hereby authorized, empowered, and
required, to inquire into all such estates, both real and personal, within this province, as
are or may be vested in his Majesty by such attainder as aforesaid, or by inquisition
returned under the authority of the said act passed in the fifty-fourth year of his Majesty's
reign, and to cause all and every the rents, issues, and profits, of the said real estates,^
until sale thereof, to be effectually levied and paid into the hands of a special receiver,
to be appointed by the governor, lieutenant governor, or person administering the govern-
ment of this province for the time being, for the purposes of this act, and to levy, raise,
secure, and cause to be sold, all such goods, debts, and personal chattels and estates,
within this province, as are or may be vested in his Majesty, in the manner hereinbefore
mentioned, and to sell the said real estates, after the claims relating to such estates
respectively shall be determined, or otherwise dispose of the same, in the manner here-
inafter provided, and out of the rents or produce of the said estates, real or personal, to
cause payment or satisfaction to be made of such sums of money as shall be due to any
claimants upon the same, and in the execution of the premises, the said commissioners
shall and may proceed, in virtue of the powers hereby granted to them, in a summary
way, vrithout the formalities practised or observed in courts of justice.
v. And to the end that all and every of the said estates and interest hereby vested or
to be vested in the said commissioners may be duly published, so as all persons having estetea kept hj coin-
whieh extnet to
entered bj the
An eztimet of Bach en-
try, ligned by eny two
to be evidenee in courte
of justiee.
General daties of eom-
mUii inert under thia
act.
Mode of ptDceedhig.
Regiiter of forfeited
_ :ept by <
interest therein may have notice thereof, in such manner as that they may enter their JJ* pubUcSiaJiSioBf*" «»
claims upon the same, in manner hereinafter provided ; be it enacted by the authority
aforesaid, That the said commissioners shall cause the register or books hereifi appointed
to be kept q( the names of all pen^on^ attainted of high treason, committed during the ^^ ^
^ '. w /digitized by GOO^glC
C lje.^-FiFTT-KniTR Yrar Of Gbosgb IIL — 181 &
[lincBD
Dttplieaiei of entriei of
real estates foifutcd,
«hdU be tWBtmftted to
the elerkfl of the peaee
la the district where
SBchiwl e»tatei lie.
Notice to be gim of
rach entricf or nms-
tore.
In what mamier claims
to or oat of the forfeit-
ed estates, are to be
TfaMOf
If ehums aot made
within the terms limit-
ed, the estate to be for-
ever disehaifed thereof
Row daims of infants,
hinaties, femme;S co^
Tertes, &e. to be made.
Chum to be l^writisf.
time aforesaid, and of all real and personal estates and interests fay this act vested- cr to
be vested in the said commissioners, or an authentie copy or duplicate of such books, to
be kept by a proper officer, who shall make the same open and patent to the inapeeticMkof
all persons who shall demand the same, between the hours of ten and two, of any lawful
day, without any fee or reward, and in the said books shall be expressed the datea when
the entries of the several estates, real or personal, that shall be there entered, w^*e made,
and the said commissioners, or the majority of them, shall also transmit to the special
receiver, for the time being, an authentic copy of the said register or bodes.
VI. And be it further enacted by the authority aforesdd, That when any real estate
shall be entered in the said register, the said commissioners shall, from time to tine,
within the space of one month after such entry, transmit or cause to be transmitted an
authentic copy or duplicate of every such entry to the clerk of the peaoe of Ae dietiiet
within which the said real estate is situated, and every such clerk of the peace shall, aad
is hereby required within seven days after he shall receive such duplicate or copy, to
cause the same or a copy thereof to be affixed on the door of the place where the general
quarter sessions of the peace are usually held for such district, and to cause the same to
be inserted in a book to be provided and kept by him for that purpose, all which bocAa
shall be made open and patent to any persons demanding inspection of the same, upon
any lawful day between the hours of ten and two, without tee or reward.
Vlf. And that no person or persons whomsoever, having any estate, rif^t, title, or
interest in law or equity, into or out of any of the said estates, real or personal, vested er
to be vested in the said commissioners by this act, may be in any wise pre^diced thereby ;
be it enacted by the authority aforesaid, That all and every person and persons whatsoever,
bodies politic or corporate, other than and except all such persons forfeiting the same, and
the heirs, executors, administrators, and assigns, of eveiy of them, and all and every
person and persons having or claiming any thing in the premises or any part thereof, to
the use of, or in trust for any such persons, or th»r or any of their heirs, executors,
administrators, having any estate, right, title, interest^ use, trust, possession, reversion,
remainder, annuity, rent, debt, benefit, charge, or incumbrance whatsoever, in law^ or
equity, in, to, or out of, or upon any lands, messuages, tenements, and heredUaioeiits
whatsoever, or to any real or personal estate, or any other the premises wfaatsoei^er,
vested or to be vested in the said commissioners by this act, by or under any settfement,
conveyance, judgment, statute, recognizance, extent, or other debt, charge^ or incum-
brance, affecting or which was binding on the persons attainted or to be attabted, or on
the persons found or to be found aliens by any inquisition taken and returned aec<H'diiig
to the above recited act of the parliaitient of this province, passed in the fifty-fourth year
of his Majesty^s reign, and which might have affected the same estate, before the respec-
tive days and times whereon the same was vested in his Majesty, and also all and every
person and persons, bodies politic and corporate, pretending to have right or title to any
estate which shall have been vested or shall hereafter be vested in the said commissaeaers^
and who shall pretend that none of the persons registered in the hooka of the said eom-
missioncrs, as attainted of high treason, or as found to be aliens, was seized or possessed
of, or interested in or entitled unto such estates, in his, her, or their own right, or to his,
her, or their own use, nor any other person in trust for them or any of them, as in the
inquisitions coifcerning the same are respectively returned, or that they have right or title
to such estate, shall, within the space of six months, to be reckoned from and after the
date of the entry that shall be made in the registry book of the said commissioners, of
any personal estate, and in case of real estate, within eight months of the entry in tlie
register to be kept for the district where such estate lies, in manner hereinbefore directed,
of the estate or interest tn, to, or out of which such claims and demands are to be made
respectively, enter all their respective claims and demands before the said commissioners,
in such manner as hereinbefore mentioned, or in default thereof, every such estate, rights
title, interest, use, possession, reversion, remainder, annuity, rent, debt, charge, and
incumbrance into, or out of, or upon the said premises, or any part thereof, shall be and
is hereby declared to be null and void, to all intents and purposes whatsoever, a«d the
estate or estates so, as aforesaid, liable unto or charged therewith, shall from theece be
freed, acquitted, and discharged of and from the same ; and all and every such claiina
and demands of infants shall and may be made by their fathers and guardians, or any other
persons in their behalf, and all claims of femmes covertes by their husbands, or any other
persons on their behalf, and all claims of madmen, idiots, or lunatics, by such person er
persons under whose care or custody they are or shall be at the time of entering sueh
claims, and that all such claims shall be made and tendered in writing to the said coouiiie*
sioners, and signed by the party or parties making the same, or such other .person or
persons on his, her, or their behalf, as aforesaid, or signed by the attomies or ag^a of
the party or parties claiming, and such signing shall be testified by two or more credible
witQ^es, who shall- subscribe their names to a^e^Lt the same, and every ^aii^ant sludl
,.• . " , ^^' Digitized by VniJ
ftriJBliTH PlBXtlAMBNT.]
C. IS.— FimT*ir»rTH Ymar or Gboroa III,— 1818.
Aerein piirtieulaiiy express what estate^ i^t, ^^e^ interest, irae, poseession, vevcrsioif,
remainder, aonuifj, rent, debt, benefit, charge, or incumbrance he or she demand or claim,
into, or out of, or upon any part of the premises, and by and under what gift, grant,
settlement, conveyance, security, title, or incumbrance, he or she do claim the same, and
if aiich party claiming hath demands, or claims any estate, right, title, or interest, in or to
any part of the premises, by virtue of any incumbrance for any debt or sum of money
whatsoever, such party shall also in his claim set forth such incumbrance, and the dates
and contents thereof, and the witnesses thereto, and if the same be recorded, when and
"where the same was entered on record, and whether such debt and sum of money was^
and is reaUy due and remains wholly unpaid and unsatisfied, and what part and how much
thereof has been really and truly satisfied, by money paid or by any other ways and
means whatsoever, and every such claim shall be transcribed by order of the said com*
nassieners, or the majority of them, and entered in books to be provided and fairly kept
by them for that purpose, and the said commissioners, or the majority of them,^ are hereby
required and empowered to proceed in a sammaiy way, without abiding the course of any
roll, to hear and determine all such claims ; and every decree of the said commissioners,
or the majority of them, shall be final and binding upon all parties concerned, in case
thirty days shall elapse without any proceedings being had for appealing from the same to
a special commission of appeal, to be composed of the chief justice and judges of the
court of king^s bench in this province, and it shall be lawful for the governor, lieutenant
governor, or person administering the government of this province, to appoint the chief
justice and the judges of the court of king^s bench for the time being, commissioners of
appeal, with power to hear and determine all appeals from the decisions, judgments, and
cfeereeff of the commissioners first above referred to..
VHL And be it further enacted by the authority aforesaid, That the said commissioners,
or the majority of them, shaR, and they are hereby empowered and required, in a summary
way, without the formality of proceedings in the courts of Uw or equity, to proceed by
and upon the testimony of witnesses upon oath, examination of persons claiming, or other-
wise interested, upon thefr oaths, inspection, and examination of deeds of writings and
records, or by all or any of the said ways and means, or otherwise, or according to the
circumstances of the case, as soon as coavenienfly may be, to hear and determine, and
adjudge all and every claim and claims which shall be entered vrithin the times aforesaid ;
and that every party claiming shall, if required by the said commissioners, or by or o»
behalf of his Majesty's attorney or solicitor general of this province, upon oath, answer to
the truth ofhis or her claim, and to such proper interrogatories as the commissioners shall
tliink fitting for the clearing thereof, and upon oath, produce before the said court, at the
hearing of such claim, all such deeds, writings, and evidences, as are in his custody or
power, any ways concerning the said crain* or the subject matter thereof.
}X. And to the end that due care may be taken of the interest of his Majesty in respect
of such claims as shall be offered, as aforesaid, it is hereby enacted by the authority
aforesaid. That his Majesty's attorney general of this province, or in his absence, the
sc^eitor general, shall, and they are hereby empowered and required to, provide for
making proper answers and defence on behalf of his Majesty, to all such claims as shall be
offered, as aforesaid, and for reversing, affirming, and amending the decrees that shall be
passed upon such claims, as they shall see cause.
X. And be it further enacted by the authority aforesaid. That where the claim so to
be determined, as aforesaid, to be just and lawful, shall contain a demand of any sum or
sums of money, any wise affecting any of the said estates, real or personal, then and in
such case, the said commissioners, or the majority of them, shall, and are hereby expressly
empowered and required to, issue out debentures or certificates to claimants, for the respec-
tive sum ot sums which shall be determined ta be due and payable to them severally, by
the decrees of the said commissioners, which debentures or certificates, with legal interest,
shall be paid without any deduction, fee, or reward, by the aforesaid special receiver, out
of such rents, profits, and proceeds, as shall be paid into his hands from the respective
estates, upon which the said claims are allowed, so that such claims shall in no case exceed
die rents, profits, and proceeds, received by the said special receiver from and on apcount
of the estate in respect of which the said claim is madL
XI. And be it further enacted by the authority aforesaid. That when the said cFaim^
shall contain a demand of any kmds, tenements, or other real estates whatsoever, or any
interest therein, and shall be adjudged and decreed by the said commissioners to be just
and legal, then, and in that case, the said commissioners, or the majority of them, are
hereby authorized to order the sheriff of the district where the same shall lie, to cause
possession to be delivered to such claimant or claimants, his, her, or their heirs, executors,
administrators, or successors, or to whom they or any of them shall appoint, and all and
every streh claimant or claimants, his, her, or their heirs, executors, administrators, or sue-
How jmmtiJMiiwm'y
are to proceed oaisucK
claima.
to be final nnkaa ap-
pealed firom wHhto
thirty dayv.
ConaiisMoiMi» of ap^
ExamiBatioii of elaiiM
fividiraee to Ba pnd»-
eed*.
OatlK
HleMkjiMty^fl
aadaolieitorf
defeadoB
Maj^ty.
ornaarall
beGitfofhia
In wbat BMiiMr flUa ^
fums deereed to claim*
anta sImU ba paid.
0aaijffiop«t<
in poaaeinon of raalaa
tatcadacreed totbena
Digitized by
Googl(
t '- •
C. 12. — Fimr-inNTH Ysar of Georob III.-^ISIS.
[Tm&B Smrm,
Eitafct wbea to be
▼Mtod in the eaniiue-
CommiMionen to sell
Ibrfeitcd eirtatei by auc-
tiflo.
PenOM bariDg entered
ijito forfeited estatei, or
cnjored the same with-
out lawful title, shall
•Movulfor the profits
thereof to the commis-
•ionerp,.
or IB defimU ytj double
~ e, to be feried, &o.
Days of meeUng of
eommissiooen, who
may send for persons,
papers, &e.
eessors, shall hold and enjoy the same, or such estate and interest therein, respeetivety, a#
shall be adjudged, deternuned, or decreed, as aforesaid.
XIL And be it further enacted by the authority aforesaid. That all and every the estate
and interests which shall be entered in the register to be kept by the said commissioners,
according to the directions of this act, to or upon which no claim shall be entered within
the time and in the manner hereinafter prescribed, shall be deemed and taken, against bU
persons and to all intents and purposes, to be vested in the said commissioners in virtne
of this act, and such estates and interests as shall be so entered in the said register, and
to or upon which claims shall be entered, shall in like manner be- deemed and taken to be
vested in the said commissioners, subject only to such burthen, diminution, or eviction,
as shall arise from the determination of the claims that shall be so entered, and no odier-
wise.
XIII. And to the intent that the said real and personal estates may be disposed of, and
the value thereof applied as herein is directed, be it further enacted by the atithority
aforesaid. That the said commissioners shall, as soon as convenient, tise their utmost
endeavors to secure all such goods and personal chattels as appear by the said extracts, or
otherwise, to be vested in his Majesty, in such places, and in the custody of such persons
as shall be thought most proper by the said commissioners, for preventing the perishing,
or any loss or embezzlement thereof; and the said commissioners, or the majority of them,
are hereby authocized and required to sell all and singular the real estate, and also the
goods and chattels, vested or to be vested in them by this act, according to the best of
their skill and judgment ; and for that purpose, having caused public notice to be given for
the space of ninety days, at least, of the time and wfiere they intend to begin to expose
Jo sale any part or parcel thereof, and of the several particulars then and there to be sold,
they shall sell the same by public auction to such person or persons as shall bid most for
the same, and immediately upon every* such sale or contract, shall cause an entry to be
made in their book, of all and every the real and personal estate so sold, and of the buyers'
names and places of abode, and the prices paid for the same respectively ; and upon pay-
ment of the purchase money to the said commissioners, or as soon after as conveniently
may be, the said commissioners shall deliver to the respective purchasers the goods and
chattels, and execute deeds of bargain and sale for such real estates as shall be sold in
manner aforesaid, to the respective purchasers thereof, which said deeds of bargain and
sale are hereby required to be registered, as other conveyances by deed of bargain and
sale of lands in this province ; ancf in case any person or persons, being the highest bidder
at any such auction, shall make default in payment of the monies, according to the terms
mentioned at the said auction, he, she, or they shall forfeit one third of the sums for which
the said real estates or goods and chattels, respectively, were sold, to be levied under a
warrant, under the hands and seals of the majority of the said commissioners, and the said
commissioners, or the majority of them, may and shall proceed to a new sale of all and
every such real estate, or goods and chattels, for which such default shall be made, unto
any other person or persons, as if no sale thereof had been before made.
XIV. And be it further enacted by the authority aforesaid. That all and every person
and persons, who, since the committing of any act by reason of which any estate has
become or may hereafter become vested in his Majesty, either by attainder, or any high
treason committed during the late war between his Majesty and the United States of
America, or under the provisions of the hereinbefore recited act of the parliament of this
province, passed in the fifty-fourth year of his Majesty's reign, have entered into or upon
the said estate or any part thereof, and held and enjoyed the same without any lawful title
thereunto, shall be responsible for all and every the profits of the same premises, during
the time of his, her, or their occupation thereof, and shall answer and pay the value thereof^
to be decreed upon evidence by the said commissioners, or the majority of them, to the
said special receiver, at such days or times as sRall be appointed by the said commission-
ers, or the majority of them ; or in default thereof, shall forfeit double the value of the
same profits by him or them received, to be levied by the said commissioners, or the
majority of them, by warrant under their hands and seals, and paid into the hands of the
special receiver, to be applied as the other monies to be paid to him in pursuance of this
act.
XV. And be it further enacted by the authority aforesaid. That the said commissioners,
or the majority of them, shall and may meet on the first and third Mondays of every mdnth,
and may meet, act, and proceed at such other days and times as they may think proper,
with or without adjournment, and shall and may send their precept or precepts for any
person whatsoever to appear before them, and for all such books, papers, and writings, as
they shall think necessary for their information in any matter or thing relating to this act,
under the same penalties and conditions as witnesses subpcenaed in civil causes, in the
court of king's bench, and shall and may detain in their custody such books, papers, and
Digiti
zed by Google
8g?JMITH PABtJAMKHT.]
C. IS. — ^FxFiT-inirTH Ysah ov Gsorok III.~1818.
writmgs, so long as they shall have occasion for the same, and then return sueh books,
papers, and writings, to the persons to whom thej respectively belong, and shall and may
administer oaths for the better discovery of the truth of the inquiries by them to be made,
to any person or persons therein C9ncerned, or to any other person or persons whatsoever,
and all sheriflEs, bailiffs, constables, and other officers whatsoever, are hereby required to
obey and execute such orders and precepts as shall be sent to them, or any of them, by
the said commissioners, or the majority of them, as they will answer the contrary at their
utmost perils ; and if any officer or officers shall neglect or refuse to give obedience to the
precepts and orders of the said commissioners, or the majority of them, for the^ue execu-
tion of this act, then, and in every such case, it shall and may be lawful to and for the said
commissioners, or the majority of them, to impose upon any such officer or officers a fine
not exceeding fifty pounds, sterling, for any one offence, and to commit such officer or
officers till such fine shall be paid unto the receiver general of this province, to and for the
Qses of his Majesty, his heirs and successors, for the public uses of this province, and for
the support of the government thereof, to be accounted for to his Majesty, through the
lords commissioners of his Majesty's treasury for the time being, in such manner as it shall
please his Mstjesty to diceef.
XVI. And be it further enacted by the authority aforesaid. That the said commissioners,
or the majority of them, shall, and they are hereby authorized, from time to time, to
appoint and employ clerks or other necessary officers for the execution of this act, which
said clerks or other officers respectively, are hereby required faithfully to execute and
perform the trust in them respectively reposed, without taking any thing for such their
service, other than such fees, salaries, or rewards, as the said commissioners, or the
majority of them, shall think fit and direct in that behalf; and every such clerk or other
officer, before he enters on the execution of his employment, shall take an oath for his
true and faithful demeanor, in all things relating to the trusts reposed in him by the said
commissioners, and that he will not directly nor indirectly take or receive any fee or re-
ward, oi^ accept the promise of any fee or reward, for any thing whatsoever to be done by
him in the execution of the said trusts, except what shall be settled or allowed by the
said commissioners, or the majority of them, and that he will not, directly or indirectly,
hare any part, share, or interest, or make any benefit by any discoveries of any forfeited
or forfeitable estates or interests whatsoever, intended to be vested in the said commis-
sioners, in pursuance of this act, or conceal, or cause, or procure to be concealed, the same
or any part thereof.
XVII. And be it further enacted by the authority aforesaid. That there shall and may
be paid to such person or persons as the said commissioners, or the majority of them, shall
nominate, upon account for payment of salaries of inferior officers employed under them,
and for incident charges in and for the performance of the several trusts by this act com-
mitted to the said commissioners, such sums of money as the said commissioners, or the
majority of them, judge to be necessary and reasonable in that behalf, out of such monies
as shall, firom time to time, be or remain in the hands of the said special receiver for the
time being, by virtue of any of the clauses, matters, or things, in this act contained, and
the said special receiver is hereby authorized and required to pay the same out of such
monies, upon vouchers or authorities signed for that purpose by the said commissioners,
or the majority of them.
XVIII. And be it further enacted by the authority aforesaid. That an appeal shall lie
to the commissioners of appeal in this province, from the judgment and decree of the
said commissioners, upon any claim that shall be brought before them in pursuance of this
act, and that the appellant or appellants from any such judgment or decree shall, within
twenty days from the giving or passing of the same, present to the said commissioners,
or the ma|(Nrity of them, his, her, or their exception or exceptions to the said judgment
or decree, which exception or exceptions shall be in writing, and signed by the party or
parties appealing, or his, her, or their attorney, and shall be entered by the said commis-
sioners in a book to be kept by them for that purpose, a transcript of which exceptions,
signed by the clerk of the said commission of appeal for the time being, that the said
commissioners of appeal may proceed, as soon after as may be convenient, to consider the
said judgment or decree, and to reverse or affirm the same, as they shall judge thereupon;
and if the appellant or appellants do not appear personally, or by his or their attorney,
to prosecute such appeal within the next term after the said transcript shall have been
filed by the clerk of the commissioners, the said commissioners are hereby required to
hear the argument cm such appeal, ex-parte, and to decide thereupon according to their
judgment on the matters contained in the said transcript, and the judgment of the com-
missioners on such appeal shall be final and conclusive.
XIX. And be it further enacted by the authority aforesaid, That his Majesty^s attorney
and solicitor general of this province shall and may make out their contingent accounts
Pcultyon shcrift
otlber offieen sot oIm
iDi; the praecpte of i
AppoiiitmeBt of ekiki,
&0. by the coaunio-
Feos.
Oath to be
elerkc, Ac.
takeft by
ProriiioB for the r»-
mnnentum of inferior
offioen, by tiie
miMioBen.
Proeeedmgiu eppeai
Attorney
generel'a
Digitized by
Google
94
to be Mdited an^dii-
C. 13.— FlFTY-mHTH YbaR OF 6]K>RGB HL— 1818.
[Tnu
Otm to be taken by
1^ oonmisiionen, end
seenrity giyeiu
lUmuaentiom
Oath of •pecklreccir^
Seenritji
Bjeauiaentioiii
Appropriation of pro-
eeedi of the forfeited,
estate*, after pajm^
of all account!, cfiarg-
e«, and dednstiona..
agtf ubI Ae govemiii^it of this province, for all oervices rendered by them on b^alf of fait
Majesty, in respect of the estates hereby vested or to be vested in the said coBamissioners,
which accounts being duly sworn to, shall be inspected and audited by the said coaunis*
sioners, or the majority of them, following as nearly as may be the usual allowance d
fees made to those officers respectively, for services of a similar nature : and the anioiiiit»
of such accounts, so audited, shall be paid by the said special receiver, for the time beii^
under the authority of the said commissioners, or the majority of them^ out of sum
monies as shall come into his hands in pursuance of this act.
XX. Aqd be it further enacted by the authority aforesaid, That the commissioners to
be'^ppointed under this act shall, before entering upon the duties of their office, take an
oath to execute, faithfully and impartially, with all possible despatch, according to the
best of their ability, the several duties imposed upon theift by this act, which oath shalE
be taken and subscribed before the executive council of this province, and shall enter into
a bond, under the penalty of one thousand pounds, to pay over into the hands of the said
special receiver, all such sums of money as shall be paid to them, in pursuance of this
act,, within one month after they shall receive the same respectively ; and that each of
the said commissioners, acting in pursuance of this act, shall be entitled to receive a sum
not exceeding one pound per day, for every day he shall be so employed in executing*
the provisions of this act, which sums shall be paid to them respectively by the said
special receiver annually, out of such monies as shall come into his hands in pursoaxuse
of this act, upon the warrant of the governor, lieutenant governor, or person administer^
ing the government of this province.
XXL And be it further enacted by the authority aforesaid. That the special receiver
to be appointed under this act, for the time being, shall, before entering upon the duties
of his office, take an oath to execute faithfully the duties imposed upon him by this act,
which oath shall be taken and subscribed before the executive council of this province,
and shall enter into a bond, with a penalty of four thousand pounds,, with two sureties in
the sum of two thousand pounds each, to pay over and duly account for all such sums of
money as he shall receive in pursuance of this act ; and that the said special receiver, for
the time being, shall and may retain in his hands two pounds ten shillings, for every
hundred pounds to be by him received and paid in pursuance of this act, as a remuneration
for services therein, and that the balance remaining in his hands after the payment of att
and every of the certificates, debentures, accounts, charges, salaries, and deductions, men-
tioned or provided in this act, shall be paid by the said special receiver, in discharge o&
such warrants as the governor, lieutenant governor, or person administering the govern-
ment of this province, by and with the advice of the executive council thereof, shall from
time to time issue in favor of any person or persons, lor any sum or sums of money to be
paid them towards compensating the losses which he, she, on they have sustained by the
invasion of the enemy or otherwise, in consequence of the late war with, the United
States of America.
CAnended by 8th Gea
SV> e 1
iM
50dl Geo. ni»^ e.5^ le^
pealed.
Medical board to be ap-
pointed for examination
of eandidates for licen-
aes to piacUse.
Chapter XIII.
An act to repeal an act passed in the fifty-fifth year of his Majesty^s reign, entUUdj
^^ An act to license practitioners in physic and surgery throughout this province,^^ and
to make further provision for licensing such practitioners.
[Pasted NoTemberZT, 181&]
Whgrsas the provisions of an act of the parliament of this province, passed in the
fifty-fifth year of his Majesty's reign, entitled, '* An act to license practitioneis in physic
and surgery throughout this province," have been found to be impractieaUe ; be it
enacted by the King's most exeellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province &( Upper Canada, constituted and assemn
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year
©f his Majesty^s reign, entitled, * An act for making more effectual provision for the-
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the saine^ That the
above recited act be, and the same is hereby repealed.
PL And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government, to consti-
tute and appoint, under his hand and seal at arms, five or more persons legally authorised
to practise physic, surgery, or midwifery, in this province, to be a board, whereof any
three to be a quorum, to hear and examine all persons desirous to apply for a license, to
practise physic, surgery, and midwifery, or either of them, within this province, and
being satisfied by such examination that any person is duly qualified to practise phy9ic9
Digitized by
Google
Pab&xamknt.]
0- 14.— FirrT-xmsH Yhab of Gjoobob IIL— 1818.
mtrgBrj^f aad midwifeiy, oreitiier, to oertify.the same, under the hands and seab at tm9
or more of such board, whereupon the governor, lieutenant governor, or person adminis-
tering 4he government, being satisfied of the loyalty, integrity, and good morals of such
applicant, may, under his hand and seal at arms, grant to him a license to practise physic,
surgery, and midwifery, or either, conformable to such certificate : Provided always, That
notkii^; in this act shall extend to prevent any female from' practising midwifery in this
praviaee, or to require such female to take out such license as aforesaid : Provided also, —
Certitote of UiA kfr4.
LicenM.
Penalty for pneti«iwr
phjiie, &e. wiUiotft'lP
HI. [Repealed by 8th Geo. IV, c 3, 8 1.] How .^^^^
FroTision In faror of
resident pnctttloMon
before lit JaniMiT»
\S1SL
IV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful fcr such board, to ask, demand, and receive, for every such certificate from the Feet on certificiUefl;
person claiming the same, the sum of three pounds ten shillings, and that it shall also be
fawfiil for the private secretary of the governor, lieutenant governor, or person adminis^
teiing the government, to ask, demand, and receive for such license, of and from the ■"* ^ iie«MM.
peESOB receiving tl^ same, the sum of twenty shillings.
y. [Repealed by 59th Geo. Ill, 2d session, c 3, s 1.]
Cbapter XIV.
An adt to repeal an ordinance of the province of Quebec, passed in the twenty-fifth year
of his Mtgesty'^s reign, entitled, " An ordinance concerning land surveyors, and the
admeasurement of lands,^'* and also to extend the provisions of an act passed in the
thirty-eighth year of his Majesty^s reign, entitled, " An act to ascertain and establish
0n a permanent footing the boundary lines of the different townships in this province,^^
and further to regulate the manner in which lands are hereafter to be surveyed,
[Passed NoTember V, 1818.]
Wbes£ab an ordinance of the province of Quebec, passed in the twenty-fifth year of
his ^Ia|esty's reicn, entitled, " An ordinance concerning land surveyors, and the admea-
surement of land," is in many instances, as far as the same relates to this province, found
to be inapplicable ; be it enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority of
the same. That the said ordinance, so far as it relates to or affects this province, be, and
the same b hereby repealed.
II. And whereas it is necessary to extend the provisions of an act passed in the thirty-
eighth year of his Majesty's reign, entitled, " An act to ascertain and establish on a
permanent footing the boundary lines of the different townships of this province," be it
enacted by the authority aforesaid, That all boundary lines of townships, all concession
lines, governing points, and all boundaries, posts, or monuments, which have been placed
or plaqyted at the front angles of any lots or parcels of land, in the first survey, intended to
determine the width of such lots or parcels of land, provided such survey has been per-
formed under the authority of the executive government of the late province of Quebec,
or under the authority of the executive government of this province, shall be, and the
same are hereby declared to be, the true and unalterable boundaries of all and every of
such townships, concessions, and lots, respectively ; and that every lot or parcel of land
respectively, whether it shall upon admeasurement be found to contain the exact width,
or more or less than what may be expressed in any letters patent, grant, or other instru-
ment, in respect of such boundaries or lines mentioned and expressed, shall embrace the
whole width contained between the front posts, monuments, or boundaries, planted or
placed at the front angles of any such lot or paicel of land as aforesaid, in such original
survey as aforesaid, and no more nor less, and every half or quarter of such lot or parcel,
its proportion, any thing in such patent or instrument to the contrary thereof in any wise
notwithstanding.
III. And be it further enacted by the authority aforesaid. That the boundary line of
each aad every township, on that side from which the lots are numbered, shall be, and
Preamble.
Ordinanee of
laadaiinrey^
(88th Geo. Ill, e 1.)
Wbat an dcolarad'lo
be unaltiiirable boon^fk-
rie« of townabips, con-
cessions, and lots.
Coone of diriaion and
side Dne. i^ ^
Digitized by
C^6gle
C. 14. — Fmnp-irartH Ykab of Gboxgk IIL— 1818«
[Tfenbi#M«t«*;
(Aa Mcwds tkttMm-
ilii Cko. IV, e 86; M
f«anli|^Mt«rFradb-
tiekilmidwiM Tth Geo.
I V, e 16: Lanewter, te
i0cliG«o.IV,el8:18th
coBeMikm of Towni-
•ad. Me Tth Geo. lY,
el6.)
How miiTeyon to pro-
ceed in numiar the lide
liMeagor iMJtt betweea
QwdifictioB ofrarreT-
tobegiTWy
mtAo^Ukathy'ihBn.
BsecptioB in fcror of
Snireyor genend or de-
nsvreyor Keeend
noiine appueentfl,
■MdjidiniaisteroetlM.
LieesM to be gnated
to
Cheia bearan to be
Wbat tbaOflie taken to
bo the front of each
How tiM tide Haetbe-
Haetbe-
lU beas-
lot«.
reapoteat
^esBMaeiag
MTOial
■:*
tke 9«ne ir hereby declared to be, the cc^irse or courses of the reqpeetivediiiMoh or tide
lines throughout the several townships and concessions of this province respeetiiwlyv <nd
all surveyors shall, and are hereby required to, mn all division or side lines^ wfaieh they
may be called upon by the owner or owner of any lands to survey, to correspond with and
be parallel to the respective town lines, from whence the lots are numbered as afomsaid.
IV. And be it further enacted by the authority aforesaid, That every licensed soriAeyor,
when a^ as often as he is employed to run any s^de line or limit, between lots orliaeB
required to go the same course of the side lines or limits between lots in the concession
in which the land to be surveyed lies, shall, if it has not been done before, or if it has
been done, but the course cannot at such time be truly ascertained, determine by a tme
meridian line, or some other iniiadlible method, the true course of a straight line b^ween
the front and rear angles of such concession, on that boundary of the township Irom wludi
the lots are numbered, and run such line or lines, as aforesaid, truly parallel to such course,
which is hereby declared, and shall at all times be deemed and taken to be the true course
of such lines, in the several townships of this province.
V. And be it further enacted by the authority aforesaid, That from and after the passiBg
of this act, no person shall act as a surveyor of lands in this province, until he ahaU have
been duly examined by the surveyor general or deputy surveyor general thereof, as to his
fitness and capacity, and shall have obtained a license from, and be appointed lo ^mct bb
such by, the governor, lieutenant governor, or person administering^ the government ^f
this province, for the time being, and shall have entered into a bond, with two suffioieiit
sureties, in the sum of five hundred pounds, to his Majesty, his heirs and successors, for
the due performance of his office, and shall have taken and subscribed the oath of all^^
ance, and the following oath, before the surveyor general or deputy surveyor general of
this province':
'* I, A. B., do solemnly swear that I will well and truly discharge the duty of a surveyor
of lands, agreeably to the law, without favor, affection, or partiality, when and as <^ten as
I may be required thereto by any person or persons, or by the rule or order of any court
of justice, and which I will faithfully, and without unnecessary delay, submit to the party
requiring the same, or the court directing my duty ; also a plan of survey, if required.
So help me God."
Provided always. That this act shall not extend, or be construed to extend, to prevent an j
person or persons from acting as a surveyor of lands in this province, who is now autho-
rized to act as such by virtue of a license from the governor, lieutenant governor, or
person administering the government of this province.
VI. And be it further enacted by the authority aforesaid. That it i^all and may be law-
ful for the surveyor general or deputy surveyor general of this province, to examine
applicants to survey, and if found competent, to grant certificates to that eflfect, and to
administer the foregoing oaths, which oaths shall be deposited in the surveyor gen^al's
office.
VII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
this province, to grant licenses to such persons as are well recommended, on their pro-
ducing satisfactory certificates from the surveyor general or deputy surveyor general of
this province, o7 their competent knowledge of the theory and practice of surveying in all
its branches, to survey in this province during their good behavior.
VIII. And be it further enacted by the authority aforesaid. That each and every chain
bearer shall take an oath to act as such, justly and exactly, according to the best of- his
judgment and abilities, and to render a true account thereof to the surveyor by whom he
may have been appointed to such duty, which oath the surveyor emjdoying sueb chain
bearer is hereby authorized and required to administer.
IX. And be it further enacted by the authority aforesaid, That the front of each <son-
cession, lot, or parcel of land, shall be considered to be, and the same is hereby declared
to be, that end or boundary of such concession, lot, or parcel of land, which is nearest lo
the boundary of the respective townships from which the several concessions thereof are
numbered.
X. And be it further enacted by the authority aforesaid, That in all cases when any
letters patent of grant, or other instrument, has issued for several lots or parcels of land,
in concessions adjoining each other, the side lines or limits between lots or parcels of land
therein mentioned and expressed, shall commence at the front angles of every such lot 6t
parcel of land respectively, and run agreeably to the courses of the respective townships,
as hereinbefore enacted, and shall not continue on in a direct line through several conces-
sions, unless such line or lines, when run truly parallel to such governing boundaries of
such townships, as aforesaid, shall intersect the corresponding post or monument at front
of such concession next in rear*
Digitized by v:jOOQIC
•*
FMSOAumtrt.]
a li.'^i^ttn-nmu Ysar or diwteoBf 111.^1818.
«a7
XL And be it fiirtber enaeled by the authority aforesaid, That in all caaes when any
ficeased surveyor shall be employed to run any side line, or limit between lots, and the
mwinal post or monument from which such line should commence cannot be found, every
sueh surveyor shall, in every such case, obtain the best evidence tha£ the nature of Che
ease will admit of^ respecting such limit ; but if such limit cannot in such manner be* nearly
aseertaioed, then such surveyor shall proceed to measure the true distance between the
nearest ondispttted posts, limits, or monuments^nto such number of lo(s as (he same con-
tained in the origpnal survey of such township, having due respect to any allowance for
foad or roads, common or commons, as were contained in such original survey, and such
limit, so found, shall be taken to be, and the same is hereby declared to be, Uie true limit''
in every such ease, if aeeurately obtained, any law or usage to the contrary thereof in any
^se iiotwithstanding.
XII. And be it further exacted by the authority aforesaid. That if any actio^' of ejec^'
ment shall be brought against any person or persons, who after these lines have be'eof
established by virtue of this act, shall be found, in consequence of unskilful surveyors,, ^o
have jhipi^ted on land not his, her, or their own, it shall and may be lawful for the judgie
df assize, before whom such action is tried, to direct the jutiy to assess such damages for
ihe defendant or defendants for any loss he, she, or they ^y sustain in consequence of
any improvement made before such action is commenci&a, and also assess the yi^iie of the
land to be recovered, and if a verdict shall be found for the plaintiff or plaintiffs, no writ
of possession shall issue, until such plaintiff or plaintiffs have tendered or paid the. amount
of such damages, as aforesaid, or shall release the said land to the defendant, pt*ovided the
said defendant shall pay or tender to the jiaia^S ihe value of the land so assessed, before
the fourth day of the ensuing term.
How iuf0vuii wt
pMceed, w£«n the
gioal posU oi
wmU art loft.
to
or aoott*
Whatproceediii|^ sluill
be hia when aetiana of
ejectment are bnragbt
for land improperly oc-
cupied in conaeqneneo
of onoBeoM Murveya.
(8eo8UGeo.III,eS,
and 06th, c 2, and 20.)
Chapter XV.
An adfwriher to extend the proDisUnie of an ad passed in the thirtjf-elghth year of hii
Majesty^s reign^ entitled^ ^^ An act to esitmd the provisions 6f, an act passed in the
second session of the first provincial parlianieni of Upper Cafiada^^^ entitled^ ^^ An act
to confirm and make valid certain marriages heretofore contracted in the country novo
coiivpfised within the province of Upper Canada, and td provide for the further solemn
mzation cf marriage nrithin the sameJ*^
[FtMted November 27, 1S1&]
. Whckkas it is expedient to extend the benefit of an act passed in the thirty-third year
<»f his Majesty's reign, entitled, ^^ An act to donfirm and make valid certain marriages
heretofore contnurted in the country now compfised within the province of Upper Canada,
and to pi^ovide for the future solemnization.of marriage within the same," to such persons
who have neglected to avail themselves of the enactment in the second section of said
act, in preserving the testimony of such marriage, and the birth of their children, within
tfiree years from the passing thereof; be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under ihe authority of an act
passed in the pariiament of Great Britain, entitled,/^ An act to reped tertain parts of an
act passed in Uie fourteenth year of his Majesty's reign, entitled, ^ Ati aet for making more
effectual provision for the government of the province of Quebed, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That iti order to enable such perSoti tit persons who have neglected to avail
themselves of die benefit of the said enactment, io preserve the.iestimony of such marriage,
and to effectuate the same, it shall and may b^' (awful, at any tiilie within three years aftipr
the passiK^ qf ifiis ^iy for any magbirate of the district wherd toch parties may have con-
tracted matriidony, declared valid by tiie said reeited act, passed in the thirty-third year
of his Majesty's reign, to adminisier to either of the parties surviving, husband or wfley
the fbllowibg oath:
. '' li A; B., do solemnly swear in the presence of Almighty God, that I did pablicTy
intenii|irr^ with C: D. on or about the day of and that therer is now
living issiie of the said marriage [as the ease may be] I. B., bom on the day of
M. B., bom on the
day of
(S8UiO0O.lU»e5.)
Preamble.
(SSdOeo. III,e5.)
CSee S8ch Geo. Ill, e
(SeelftWa.IT»cI.)
Pertoos haring neglecl'
•d to iTai^ themaelrei
of the proTuioni ofS3d
Goo. Ill, e 6, may
within three yeara prc-
•eire the testimony of
their marriage, and ef-
fectoate the same, by
complying, with tffo
proTiaiona of this act.
Oath.
Which form of attestation shall be subscribed by the parties^ if living, or hy the surviving
husband or wife, and certified under the hand and seal of the maostrafe administering the
said oath, who shall be entitled to demand and receive one shilling for such certificate ; OertiScote^aHi fteioi
and that it shall and may be lawful for the clerk of the peace ot the A'stricf, to enter and
record, and he is hereby required, upon the payment of two shillings, to enter and record
such attestation duly certified as aforesaid, in a book or register to m by him kept for that
^30
Digitized by
Google
tS8
Eride&oe of Um
ruge.
C. 16, 17. — FiPTY-wiwTH Ybak of Okoroe III. — 1818.
[TflniD ScftsioV)
purpose, and that such register or any attested copy thereof, which copy the said clerk ia
hereby required to make out, and on the payment of the sum of two shillings, to deliver
to any person requesting the same, shall be held and taken as sufl&cient evidence of such
marriage and the birth of such children, in all his Majesty's courts of law and equity, any
thing in the said recited act of the thirty-third year of his Majesty's reign contained, to
the contrary notwithstanding.
(8ee2dGeo.IV»cl6.)
Preamble.
(43d Geo. III» c 2.)
Steamboftti or resseli
only 4b pay light house
w tonnage duty on two
thirds of their actual
adineasarement, the re-
maining one third to be
deducted for the ma-
chinery and fuel.
No light house duty to
be paid at anv pt^rt
where there shall btco
light house erected
Chapter XVI.
An act to alter and amend the laws now in force^ for levying and collecting light house
and tonnage duties^ andio relieve vessels propelled by steam from paying the said duty
on the space occupied by the engine^ machinery^ and fuel.
[Passed NoTember 27, 1818.]
Whereas by an act passed in the forty-third year of his Majesty's reign, entitled, ** An
act to explain and amend an act passed in the forty-first year of his Majesty's reign, entitled,
* An act for granting to his Majesty, his heii'S and successors, to and for the uses of this
province, the like duties on goods, wares, and merchandize, brought into this province
from the United States of America, as are now paid on goods, wares, and merchandise,
imported from Great Britain and other places, and to provide more effectually for the col-
lection and payment of duties on goods, wares, and merchandize, coming from the United
States of America into this province, and also to establish a fund for the erection and
repairing of light houses,' " it is enacted, that the sum of three pence per ton shall be
demanded for every vessel, boat, raft, or other craft, of the burthen of ten tons and upwards,
that may enter certain ports on lake Ontario, for light house and tonnage duty ; and
whereas it is inexpedient that such tonnage and light house duty should hereafter be
enforced and collected at any port where there is no light house erected, or that such
tonnage and light house duty should be paid on any vessel propelled by steam, on the
space occupied by the engine, machinery and wood ; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assemUed by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, '^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the pro-
vince of Quebec, in North America, and to make further provision for the government of
the said province,' " and by the authority of the same. That from and after the passing
of this act, the usual space occupied by the engine and machinery, with the requisite
stowage of wood, be taken and considered to occupy one third part of such vessel, and be
deducted from her full and actual admeasurement, noi^shall the said vessel be liable to pay
light house or tonnage duty on any more than two third parts of her actual admeasurement,
any law or usage to the contrary thereof in any wise notwithstanding.
II. And whereas it is expedient to alter and amend the laws now in force, as far as
relates to levying and collecting tonnage and light house duty, be it therefore enacted by
the authority aforesaid, That no vessel, boat, raft, or other craft, of the burthen of ten tons
tod upwards, that shall enter any port within this province, shall be liable to pay any
light house duty, at any port where there shall be no light house erected, any law or usage
to the contrary notwithstanding.
Preamble.
68th Geo. HI. c 1, re-
cited,and the 4thc lauie
repealed.
NoChlosrfn that act ihall
preTent persona from
veadiaa* m the vaiial
Cliapt?.r XVII,
An act to amend the laws now in force for granting wholesale licenses.
[Passed N<yv«mber 27, 1818.}
Whbreas it is expedient to repeal part of and extend the provisions of an act passed
in the fifty-eighth year of his Majesty's reign, entitled, " An act to impose a duty upon
persons selling wide^ brandy, aiid other spirituous liquors, by wholesale ;" be it enacted by
the Ring's most excellent Majesty, by and with the advice and consent of the legblative
council and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Gi^at Britain, entitled, " An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the * province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That the fourth clause of the said
recited act be, and the same is, hereby repealed.
II. And be it further enacted by the authority aforesaid. That nothing in the said recited
act shall extend, or be construed to extend, to prohibit any person or persons from expo-
Digitized by VnUU^lt:
Smrwmrm Pakuabisnt.]
C- 18, 19.— FiPTY-NiifTH Year op Geobob 111.-1818.
sing for sale and vending in the usual manner, such liquors as thej obtain from the
distillation of grain raised upon their own farms, or to prohibit an j person who shall have
taken out, or who may heresifter take out, a license for the distillation of spirituous liquors,
from selling such liquors, as he shall have distilled, without taking out the license required
by this act
S3d
manner liqnon dirtil-
led from gnin nited on
their own fmnnii, or per-
sons who have taken
ont licenses to distil,
from se]]in|; the limiorB
they mn J distil,witlioiit
nnr license onder thif
Chapter XVITI.
An ad for granHng to his Majesty a sum of money for the survey of the waters of the
Saini Lawrence^ and for other purposes therein mentioned.
£|lnpxALXD BT 2d Gko. IV, Cb. 2. — ^£2000 granted to his Majesty, to he eapeaded in procuring stuTeys of the 8t*
Iawtcmc, awl estimates for improrements in the navigation.]
Chapter XIX.
4n dct to remunerate certain persons therein mentioned.
X£3Bf 12k. Td. granted to his Maje8ty. for sundry disbursements in the publie service: To James Dnraad, esqjiire; to
Aftm M'LaaBft tmpdst; to WiUiam Fairfield, esquire; to John Oomming, esquire; to John Hyder; to the hononble
1%oaaaa ClMk.l
Digiti
zed by Google
Fourtli Seraion of the mvenlta ProTineial Parliament.
y^T AT TORE, ON THE SEVENTH DAT OP JUNE, AND PROROGUED ON THE TWELFTH DAT
OF JULT FOLLOWING, IN THE FIFTT-NINTH TEAR OF THE REIGN OF
GEORGE III.
«IR PKR»HUNE MAITLAND, K. C B., LIEUTENANT GOVERNOR.
Aamfc Domini 1819.
Chapter I.
An act to repeal part of the laws now in force j imposing duties on goods^ loorec, and
merchandize^ imported i$Uo this province from the Uniied States of America^ amd io
make further regulations far the trade between this province and the mrid Uniied
^tate0 of America^ by tand and inkmd navigation.
[EZPIKBO.]
PrMinble.
flEHh Geo. Ill, c 18, re-
cited.
5Cb claai e repealed.;
|Secretai7 of the board
to be appointed.
Hit duty.
Board to tit at foor pe-
riods in the year.
Sitting not to exceed ^
week.
Notice of application
for licenae to be giren
t > the tecretary.
Chapter II.
An act to repeal part of and to amend an act passed in the fiftjf-ninih year of Me Jfe-
jesty^s reign^ entitled^ ^^ An act to repeal an act passed in the Jtfly^fA year ofliSs
Maje^y^s reign^ entitl^^ ^ An act to license practitioners in physic and surgery
throughout this provincSy^ and to make further provision for licensing swA practi-
tioners.^^
(PiMMdJ^rii^iaftj
' WHEREAS by the fifth clause of an act of the parliament of this proviBce, pMsed in the
fifty-ninth year of his Majesty's reign, entitled, ^^ An act to repeal an act passei in tbe
fifty-fiftl^ yeiir pf^his Majesty's reign, entitled, ^ An act to license praetitioneiB ih I^ym
^4 sprg^ry, throughout this province,' and to make further provision for Ueeaskig eudi
prac^tioners," the bo^rd constitBted and appointed by virtue of and under the auuHMtty
thereof is required to be held at York, on the first Alonday in January and July in each
year; and whereas much delay and inconvenience may arise from a limitation of tlM
sittings of the s^d board to those periods ; and whereas it is expedient to Brake liflrtiier
provision for the constitution and organisation of the said board ; be it ^enacted by llie
king's most excellent Majesty, by and with the ^vice and consent of the kuabtive
council and assembly of the province of Upper Caiifida, constituted and assenraled fcj
virtue of and under the authority of an act passed in the parliament of Great Britaui^
entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year ef Ims
Majesty's reigp, entitled, ^ An act for making more effectual provision for the govemment
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That the fifth clanae
of the said recited act of the fifty-ninth year of his Majesty's reign be, ai)d the same is,
hereby repealedf
II. And be it further enacted by the authority aforesaid, That it shall and may be lawfol
for (he said board, or a majority of the members composing the pame, to appoint, from
time to time, a fit and proper person to be secretary of the said board, which secretary
shall attend the meetings of the said board, and keep a record of the proceedings of the
same in a book or boolu to be by him provided for that purpose, together with all sueh
matters and things ^a to the said board shall appertain.
III. And be it fUrther enacted by the authority aforesaid, That from and after the
passing of this act, the said board shall be kept and held in the town of Yoik in the Home
district four times in each year, viz : on the first Monday in January, April, July, and
October respectively, and may be continued by adjournment from day to day until the
business before the board is finished : Provided, That no one quarterly sitting shall be so
pontinued by adjournment beyond the Saturday of the week in which such sitting shall
commepce.
iV. A^d be it further enaeted by the authority aforesaid. That every person desvous
of being examined by the said board, touching his qualifications for the practice of physic,
surgery, and midwifery, or either of them, shall, and he is hereby reauired to. giy$ due
Digitized by x^rfOOVrlV^
SkTKMTH PARUAMSIfT.]
C. 8. — FiFTT-HiifTB Year of Gsoroe III. — 1819.
241
notice thereof to the secretary aforesaid, in writing, setting forth the branch or branches
of medical practice that he wishes to be examined in, and shall pay to the secretary afore*
said the sum of ten shillings, as his fee for receiving and entering the same, and a further F««* ^o the Mcretwy.
sum of ten shiUings as his fecy upon receiving the certificato^of the board.
Chapter III.
Ana^to give efeci and validity to deeds executed by married women in the united
Jbingdam of Great Britain and Ireland^ or in any of his Majesty^s colonies^ and to
repeal part of and amend an act passed in the forty-third year of his Majesty^ s reign,
etUiiled, ^^ An act to enable married women having real estate^ to alien and convey the
same***
[Passed July 12, 1819.]
Whxrkas. there is by law no provision enabling married women resident abroad, and
owning real estate in this province, to alien the same ; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and as-
sembly of the province of Upper Canada, constituted and assembled by virtue of and under
Ihe authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to
tepeal certain* parts of an act passed in the fourteenth year oi his Majesty's reign, entitled,
' An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That from and after the passing of this act, it shall and
may be lawful to and for any married woman, having real estate in this province, and being
above the age of twenty-one years, with the knowledge and consent of, and by any deed
or deeds jointly with her husband, to alien^ depart with, and convey any real estate whereof
she nay be seLsed within this province, to such use or uses as to her and her said husband
shall seem meet, which conveyance shall be as valid and effectual in law, to all intents
and purposes, as if she were sole, any law or usage to the contrary notwithstanding.
II* i^vided nevertheless, and it is hereby declared. That nothing in such deed con-
tained ahall have any force or effect to bar such married woman or her said husband, or
her keira, duribg the epntinuance of her coverture, or after the dissolution thereof, or shall
be beU to have any force or effect whatsoever, unless such married woman, if resident in
Upper Canada, shall appear before any judge, or other person, mentioned and described
Mtt M eerUkk adi passed in. the parliament of this province, in the forty-third year of his
Mafesty's reign, entitled, ^^An act to enable married women, having real estate, more
eonvenieiitly to alien and convey the same," or unless such married woman, being resident
of Great Britain or Ireland, or any colony belonging to the crown of Great Britain, 'shall
ai^pear before the mayor or chief magistrate of any city, borough, or town corporate, in
Great Britain or Ireland, or the chief justice or any one of the judges of the supreme court
ID aiqr colony belonging to the crown of Great Britain, and be examined by such mayor or
efaief magistrate, or chief justice or judge, touching her consent to alien and depart with
audi real estate^ aad shall freely and voluntarily, and without coercion, give her consent
before auch mayor or chief magistrate, or chief justice or judge as aforesaid, to alien and
depart with such estate.
III. And be it further enacted by the authority aforesaid. That in case it shall appear
to auch mayor or chief magistrate, chief justice or judge, that such married woman doth
fredy and voluntarily consent to depart with, alien, and convey her said real estate*, without
eoeicioB on the part of her husband or any other person, it shall and may be lawful for
auch mayor or cnief magistrate, chief justice or judge, to cause a certificate thereof to be
emiofaed on the deed so executed by her and her said husband as aforesaid, which cer-
tificate ahall state the day on which such examination is taken, and shall be signed by the
mayor or chief magistrate, chief justice or judge, before whom the same shall be taken ;
and forasmuch as by the second section of the said recited act of the forty-third year of the
r^gD of his Majesty, the examination of any married woman touching her consent to
alien, depart with, and convey any real estate in this province, shall take place within six
months from the time of the execution of any deed or conveyance, the same being found
iacenvenient and impracticable in many cases ; it is hereby enacted, that so much of the
aaid second section of the said act, as enacts that such examination shall take place within
aix months from 4he time of the execution of any deed or conveyance, as therein stated,
shall be, and the same is hereby repealed.
IV. And be it further enacted by the authority aforesaid. That all examinations of such
married women, and certificate of such deeds as before mentioned, which may be taken
and raadoii aa by the said several recited acts are mentioned, shall be valid in law, if the
aaid exanuiation and eertificate shall be taken and made within twelve months from the
date of ibe eMciition of any such deed or conveyance.
(Amended by 2d Geo.
IV,el4. See 1st WU.
IV, c a)
Pretmble.
Married
bled to alienate their
real ettate by deed ex-
ecuted joiaUy with
their husbands.
Examination and con-
sent necessary to ren-
der auch deed eflectual.
If femme covert resi-
dent in the proTince.
If resident in Great Bri-
tain or Ireland, or any
British colony.
Certificate to be given
of such examination
and consent.
Prorision of 48d Geo..
Ill, c 5, requiring eji-
amination Co be within
six months, repealed
Twelre months allow-
ed from the execution
of the conveyance.
Digitized by
Google
242
C 4. — FiFTT-NiNTH Year OF Geobos III. 1819.
[Fourth Sksuom,
CvtiiAeaU of mayor or
chief nuigifltrRte of way
boroagh.or town corpo-
imte or enlooy, to hare
the aeel of eiieh
^e. nffixed.
eity.
V. And be it further enacted by the authority aforesaid, That no certificate to be granted
as aforesaid by any such mayor or chief magistrate of any borough or town corporate in
Great Britain or Ireland, or of any colony belonging to the crown of Great Britain, shall
have any force or effect, unless the seal of such city, borough, or town corpcMrate^ shall
be ajfixed thereto.
FreamUe.
47th Geo. Ill, e 6, re-
A district lehool etta^
hlished in the district
of Gore.
iSlOO per annum appro-
priated to pay the sala-
ry of the teacher.
Tmiteet to be appoint-
Cd.
Annnal public exami-
nation to be held in
eyeiy district school.
Annual reports to be
aaade by the trustees
of district schools to
the lieutenant ^Temor,
to be hid before the le*
gisbture.
Ten poor children to
be educated at each
school, gratis.
How such scholars are
to be selected.
Chapter IV.
An act to repeal part of and to amend the laws now in force for estabtiahing pubtie
schools in the several districts of this province, and to extend the provisions of the
same.
[Passed July 12, 1819.1
Most gracious Sotereign :
Whereas it hath been found expedient to repeal part of and to amend an act passed in
the forty-seventh year of his Majesty's reign, entitled, " An act to establish public schoob
in each and every district of this province, and to extend the provisions of the same; be it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's reign, entitled, 'An act for making more efitectual provisioi) for the govern-
ment of the province of Quebec, in North America, and to make further provision for
the government of the said province,' " and by the authority of the same, That pro-
vision be made by law for the establishing of a public school in the district of Gore.
II. And be it further enacted by the authority aforesaid, That from and out of the
rates and duties raised, levied, and collected, or hereafter to be raised, levied, and C4d»
lected, to and for the public uses of this province, and unappropriated, there be granted
annually to his Majesty, his heirs and successors, the sum of one hundred pounds, which
sum of one hundred pounds shall be appropriated and applied, and disposed of in payinc
the salary of the teacher of the said school ; which said sum of one hundred pounds shall
be paid by the receiver general of this province, in discharge of such warrant or warrants
as shall for that purpose be issued by the governor, lieutenant governor, or person
administering the government of this province, and shall be accounted for to his Majesty,
his heirs and successors, through the lords commissioners of his Majesty's treasury for
the time being, in such manner and form as his Majesty, his heirs and successors, sihidl be
pleased to direct.
III. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful to and for the governor, lieutenant governor, or person administering the government
of this province, to appoint trustees and a teacher in the said district of Gore, under the
like provisions as areo^ontained in the said act of the forty-seventh year of his Majesty's
reign, entitled, '^ An act to establish public schools in each and every district of this pro-
vince."
IV. And be it further enacted by the authority aforesaid, That the trustees of each
and every district school within this province, shall direct a public examination of their
respective schools to be held previous to the usual annual vacation, at which they or a
majority of them shall assist, and.it is hereby required that such public examination shall
be holden every year at the time aforesaid.
v. And be it further enacted by the authority aforesaid, That {he trustees for the
respective district schools as afoi*esaid, in each and every district in this province, shall,
and they are hereby required, once in every year, after the public examination as afore-
said, to report to the governor, lieutenant governor, or person administering the government
of this province, the state of the said schools, the number of scholars, the state of educa-
tion, with the diflferent branches taught in the said school, the number of scholars who
have completed their education, together with all other matters and things that may tend
to cherish the prosperity of the said schools, or that may in any wise benefit the same,
that the said report may be laid before the legislature at its first meeting, for their inspec-
tion.
VL And be it further enacted by the authority aforesaid. That in order to extend the
benefit of a liberal education to promising children of the poorer inhabitants, the trustees
of each and every school have the power of sending scholars, not exceeding ten in number,
to be taught gratis, at the respective district schools.
yil. Provided always, and be it further enacted by the authority aforesaid. That the
said scholars, so to be taught as aforesaid, shall once in every four years be drawn by lot,
in manner following, viz : the trustees for the common schools now or hereafter to be
established by virtue of any act of the parliament of this province, shall, and they are
Digiti
zed by Google
Seventh pARLiABUBirr.] C. 5. — Fifty-kinth Year of George III. — 181d.
hereby authorized to, return the name or names of one or more, not exceeding four from
each common school, of the most promising scholars as aforesaid, of their respective
schools, to the trustees of the district schools for the district in which they shall respec-
tively reside, whi^h trustees shall, and they are hereby required, at a special meeting to
be openly held for that purpose, inscribe each and every name so returned to them on a
separate and distinct slip of paper, being all as nearly as possible of the same size, which
slip of paper shall be put into a box or glass, to be provided for that purpose, and at such
meeting as aforesaid, the same shall in the presence of the said trustees, be openly drawn
by some disinterested person, and each and every scholar, so chosen as aforesaid, shall be
entitled to receive his education gratuitously at the said district school, and the teacher
thereof shall, and he is hereby required to, educate such scholar as aforesaid.
VIII. And be it further enacted by the authority aforeeaid. That in case any vacancy
shall ensue in consequence of the refusal or decease, or from any other cause whatever
of any scholar or scholars drafted as aforesaid, to be taught in the district school, it shall
and may be lawful for the trustees of the common school, from which such scholar or
scholars shall have been drafted, to make a second ballot to fill up the vacancy.
IX. And be it further enacted by the authority aforesaid. That so much of the third
clause of the said act, entitled, ^^'An act to establish public schools for each and every
district in this province," as relates to the public schools in the district of London and
Johnstown, be, and the same is hereby repealed.
X. And be it further enacted by the authority aforesaid, That the public school for
the district of London shall be opened and kept in the town of Vittoria, in the township
of Charlotte vi lie ; and the public school for the district of Johnstown shall be opened and
kept in the village of Brockville, in the township of Elizabethtown ; that the public school
for the district of Gore shall be opened and kept at the town of Hamilton in the district
of Gore.
XI. Provided always, and be it further enacted by the authority aforesaid. That to
every teacher hereafter to be appointed, there shall be only fifty pounds paid, unless the
average number of scholars exceeds ten.
XII. And be it further enacted by the authority aforesaid. That the certificates required
from the trustees, by the twelfth clause of the said act passed in the forty-seventh year
of his Majesty's reign, shall declare that, ^'at a public meeting of the trustees of the dis-
trict school, upon due notice given for that purpose, a majority of the trustees being
present, we certify, &c., &c."
243
VMUiciet filled ttp*
PaH«of 47t]iGM.III»
e 6, repealed.
Where the pnhlie
schoolt fhall he kept
in the districta of
Johnstown, Gore, and
London.
Teachen to he
ointed hereafter^
;rt no more than £80
e ap-
, ahall
naT<
e npmoi
annum,
nnleat they
fcre
acholarg.
Form of certificate to
he giren hy tnuteea.
Cliapler V.
An act for establishing a police in the town of Niagara^ in the district of Niagara^ and
for other purposes therein mentioned.
[Passed July 12, 1819]
Whereas it is expedient to provide for the regulation of the police of the town of
Niagaia, in the Niagaia district of this province ; be it enacted by the King's most ex-
cellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, " An
aci to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That it shall be lawful for the magistrates
assembled in quarter sessions for the said district, or the majority of them, to make,
ordain, constitute, and publish, such prudential rules and regulations as they may deem
expedient, relative to building a market house, paving, lighting, keeping in repair, and
improving the streets of the said town, regulating the assize of bread, slaughter houses,
nuisances, and also relative to the inspection of weights, measures, firemen, and fire com-
panies : Provided always, That nothing herein contained shall extend, or be construed
to extend, to the regulating or ascertaining the price of any commodities or articles of
provision, other than bread, that may be offered for sale : Provided also that such rules
and regulations be not contrary to or inconsistent with the laws and statutes of this pro-
vince.
II. [Repealed by 4th Geo. IV, c 34.]
(Continued I
ed hj 4th Geo. lY, e
34, except 2d clente.)
Preamhle.
Mngiitintee of the dif
trictof NinAn
rissedto mSk%
roles end regoktione. •
Not regulating the'
price of any prorislon
Dut bread,
and not being rnmg-
nant to the Uwe otthia.
prorince.
Magiftratei mayndae
by aaeeitment any sum
not exceeding £109
annually for certain
purpoiefl.
Extracts to be furnish-
ed by the cleric of the
peace.
Digiti
zed by Google
S44
C. 6. — PirTY-iriifTH Tkar of Oxobob IIL — 1819.
[Fou
^How taeh asMssmenU
f hftll be nused and ap-
plied.
Fines may be impoeed
by the magistrates.
How eoUeeUd and ap-
plied.
Rules to be published.
Fees.
Continuance of this act.
(See 4th Geo. IV, c
III. And be it further enacted by the authority aforesaid, Thai sueh ;
aforesaid, shall be raised, levied, collected, and paid, in proportion to the sum that such
person is rated for upon anj assessment he may possess or hold* in the said town, and
subject to such rules and regulations as may be made by the magistrates in quarter ses-
sions for the said district, for the purpose of raising, coUecting, and paying any sum;
collected to the treasurer of the said district, which said sum shall be applied from time
to lime, in such manner for the purposes aforesaid, as the magistrates in quarter sessions
assembled, or the majority of them, shall direct and appoint.
IV. And be it further enacted by the authority aforesaid. That the magistrates in gene-
ral quarter sessions of the peace, or the major part of them, as often as they shall make
and publish any such rules and regulations, for the purposes aforesaid, may make, ordain,
limit, and provide such reasonable fines upon the offenders against such rules and regula-
tions, as they may think proper, not exceeding forty shillings for any one offence, to he
recovered before any commissioner of the peace of the said town, upon the oath of one
credible witness, and levied by warrant under the hand and seal of such commissioner,
upon the goods and chatteb of such offender, and that one moiety of the sum so levied
shall go to the informer, and the other moiety shall be paid to the treasurer of the said
district, for the uses of the said town.
V. And be it further enacted by the authority aforesaid. That every such rule and
regulation, so made as aforesaid, before it shall have effect, shall be posted up in three or
more public places in the said town of Niagara.
VI. And be it further enacted by the authority aforesaid, That the magistrates, as
aforesaid, shall, and they are hereby authorized to, order the same fees to be allowed anJ
paid to the treasurer, collector, and clerk of the peace, for the extra duties imposed by
this act, as are paid to the said officers under any assessment law of this province.
VII. And be it further enacted by the authority aforesaid. That this act shall continue
and be in force for four years and no longer.
Preamble.
Additional dntjof Is.
8d. per gallon granted
on stiUS) from 6th Janu-
aiy next.
Leried in the same
manner as the existing
duties om stills.
Wooden stills.
(See 4th Geo. IV, CIS)
Cbapter VI,
An act granting to Mb Majesty an addUioncU duty on stiUa used for the diatUlaiian of
spirituous liquors for sale^ and for ascertaining the manner in which certain wooden
stills shall be gauged in this provifice.
[PaMedJiljU. 1619.1
Most gracious Sovbreion :
Whereas the laws now in force, imposing a duty oA the distillation of spirituous liquors,
are evaded by a new and improved method of distillation by steam ; and whereas it is
expedient that such distillers should equally contribute to the support of the civil goven^*
ment of this province ; and whereas it is expedient that the said duty should be increased;
we, your Majesty's dutiful and loyal subjects, the commons of Upper Canada, iH pft>viif-
cial parliament assembled, have freely and voluntarily resolved to give and grant to your
Majesty an additional duty on stills used for distillation in this province ; and we do most
humbly beseech your Majesty that it may be enacted, and be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and assemblj
of the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled; * An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That from and after the fifth day of Januaiy next, i^*
addition to the duty of one shilling and three pence per gallon now raised, levied, collect^,
and paid yearly and every year, there shall be raised, levied, collected, and paid unto ia$
Majesty, his heirs and successors, to and for the public uses of this province, and towards
the support of the civil government thereof, of and from all persons having and using a
still or stills for the purpose of distilling spirituous liquors for sale, the sum of one sbQ-.
ling and three pence, lawful money of this province, for every gallon which the body of
such still or stills shall or may be capable of containing in manner hereinafter mentioned.
II. And be it further enacted by the authority aforesaid. That the said dufy hereby
granted to his Majesty, shall be raised, levied, collected, and paid, in the same manner
and under the same penalties and restrictions, as are imposed by any former act of this
province, imposing a duty on stills used for the purpose of distilling spirituous liquors.
ni. x\nd be it further enacted by the authority aforesaid. That each and evety woodt^tf
still now or hereafter during the continuance of this act, used or to be used Ha a boiler ol
receiver for the beer or wash for the distillation of spirituous liquors fof sale, shall be
gauged, and the duty paid on the whole number of gallon^ such still, as aforesaid, may
be capable of containing.
Digiti
ze6 by Google
SbTSNTH PABlifAMSIfT.]
C; T. — f*ifTY-NiKTH Year ojt Osoros III. — 1819.
«43
IV. Atld be it further en^<5ted by the authority aforesaid, That the due application of
the said duty to be taised, levied, and collected^ shall be accounted for to his Majesty, his
heirs and successors, through the lords commissioners of his Majesty's treasury, in such
manner and ibrm as his Majesty shall please to direct.
Vi Provided always, and be it further enacted by the authority aforesaid, That it shall
not be lawful for any inspector or inspectors to charge any additional fee for issuing any
license under the provisions of this act, or to retain to his or their own use ir.ore than five
per cent, for collecting and paying over the duties hereby directed to be paid, any law,
usage, or custom, to the contrary notwithstanding.
Vf; And be it further enacted by the authority aforesaid. That this act shall remain
Mtid continue in force for the space of two years from the fifth day of January next, and
from theni^e to the end of the then next ensuing session of parliament;
Duties hovr vj b« ao-
couotod for.
Inspectors aof to
charge any aJditloual
fee.
Nor to hare more than
five percent. oact^lJec-
tion
ConUniiancc cfthls act.
CSee4thGeo.IV,cl3.)
(Made peipetual by tith
Geo. IV, c 7.)
(See OUl Goo. IV, e
Preamble.
61st Geo. I If, cS, aud
66th, c 6, 1 pealed.
Chapter VIFj
Afi act to repeal the several laws noxo in force^ relalive to levying and collecting rates
and assessments in this province^ and further to provide for the more equal and
general assessment of lands and other rateable property throughout this province.
. [Passed July 12, ISlSl.]
Wh£R£as it is expedient to make provision for the more equal and general assess-
ment of lands and other rateable property throughout this province ; be it enacted by
the King^s most excellent Majesty, by and with the advice and consent of the legisla-
tive council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in iSTorth America, and to make further provision for the
government of the said province,' " and by the authority of the same, That from and after
lie first Monday in January, which will be in the year of our Lord one thousand eight
hundred and twenty, the several acts now in force in the province relative to rates and
assessments ; that is to say, an act passed in the fifty-first year of the reign of his present
Majesty, entitled, " An act to repeal an act passed in the forty-seventh year of his Ma-
jesty's reign, entitled, 'An act to repeal the several acts now in force in this province,
relative td rates and assessments, and also to particularize the property, real and personal,
which, during the continuance thereof, shall be subject to rates and assessments, and fixing
the several %'atuations at which eaeh and every particular of such property shall be rated
and assessed, and to make further provision for the same,' " and also, a certain other
act passed in the fifty-fifth year of his present Majesty's reign, entitled, '• An act to continue
and amend an act passed in the fi.V'-first year of his Majesty's reign, entitled, ' An act to
repeal aii act passed in the forty-^cventh year of his Majesty's reign, entitled, * An act
to repeal the several laws now in forct 'n this province, relative to rates and assessments,
and also to particularize the property, real and personal, which, during the continuance
thereof, shall be subject to rates and assessments, and fixing the several valuations at
which each and every particular of such property shall be ratefd and assessed, and to
nkake further provision for the same,' ' " shall be, and the same are hereby repealed.
II. Afid be it further enacted by the authority aforesaid, That the following property,
real and personal, shall, after the said first Monday in January, one thousand eight hun-
dred and twenty, and for every subsequent year during the continuance of this act, be
deemed r&teable property throughout this province, and shall be rated at the rate and
valoation herein set forth ; that is to say, every acre of arable, pasture, or meado\V land,
twenty shillings ; every acre of uncultivated land, four shillings ; every town lot, situated
in the towns hereinafter mentioned; to wit, York, Kngston, Niagara, and Quecnston,
fifty pounds; Cornwall, Sandwich, Johnstown, and Lelleville,twcnty-five pounds; every
town lot on which a dwellihg house is erected in ^le town of Brockville, being composed
of the front half of lots nuniber ten, eleven, twelve, and thirteen, in the first concession
of the township of Elizabethtown, in the district of Johnstown, thirty pounds ; every,
town lot on which a dwelling house is erected in the town of Bath, being composed of •
the front or south half of lots number nine, ten, and eleven, in the first concession of tli^
township of Emcstown, in the Midland district, twenty pounds; every house built with
timber squared or hewed on two sid^s, of one story^in height, and not two stories, with
not more than two fire places, twenty pounds ; for every additional fire place, four pounds;
every dweiling house built of squared or flatted timber on two sides, of two stories in
height, with not more than two fire places, thirty pounds; and for every additional fire
place, eight pounds ; every framed house under two stories ip height, with not more than
two fire plac^es, thirty-fit^e pounds ; nnd foi c>;ciy adaitior.al lire place^ five pounds ; everv. C^OOOlp
What tha'.l be deemed
rateable j rope r- y after
first Monday 'n Jauua*
ry, 1820.
ValostioB.
846
Stone hor»jB.
Carriages.
StOTes.
Exceptinnfl of property
of the King.
Usts to be taken by
assefliors.
Particular specification
of land
What lands subject ta
rates.
Town lots divided.
Compensation to as-
sessors.
Assessments to be im-
posed and apportioned
Dj quarter sessions.
C. 7.— FiFTYKiMTH Ykar ow Gboroii IH.*^1819. [JWbtk
brick or stone house, of one story in height, and not more than two fire piftees, fiRty
Eounds ; and for every additional fire place, ten pounds ; every framed, bnck, or atone
ouse, ot two stories in height, and not more than two fire places, sixty pounds ;
every additional fire place, ten pounds ; ever}' grist mill, wrought by water, with one pair
of stones, one hundred and fifty pounds ; every additional pair, fifty pounds ; every saw
mill, one hundred pounds ; every merchant's shop, two hundred pounds ; every store
house, o^vned or occupied for the receiving and forwarding goods, wares, or merchandize,
for hire or gain, two hundred pounds ; every stone horse kept for the purpose <rf covering
mares for hire or gain, one hundred and ninety-nine pounds : Provided also, That if any
person shaD bring into any township in this province any horse, as aforesaid, after the
assessment roll shall have been made up for such township, it shall and may be lawfid Cor
the collector of such township, and he is hereby required to demand and receive of jmj
such person, the rate for such horse, as aforesaid, unless the owner can satisfy such col-
lector that the rate for such horse has been returned or paid for that year, and in ease of
a refusal of j)ayment, to proceed to the recovery of such rate by distress and sale of such
horse, as aforesaid ; every horse of the age of three years and upwards, eight pounds ;
oxen, of the age of four years and upwards, per head,fdur pounds ; milch cows> per head,
three pounds ; horned cattle, from the age of two years to four years, iper head, twenty
shilh'ngs ; every close carriage with four wheels, kept for pleasure, one hundred pounds ;
every phseton or other open carriage with four wheels, kept for pleasure only, twenty -five
pounds ; every curricle, gig, or other carriage, with two wheels, kept for pleasuri^ ^^Jy
twenty pounds ; every waggon kept for pleasure, fifteen pounds : Provided always, That
every stove erected and used in a room where there shall be Jio fire place, be deemed
and considered as a fire place : Provided also. That nothing herein contained shall extend,
or be construed to ejctend, to any property, goods, or effects, matters, or things, herein
mentioned or enumerated, which shall belong to or be in the actual possession or occupa-
tion of his Majesty, his heirs or successors, except the crown and dei^ reserves actually
leased to individuals, which shall be liable to the same rates and assessments as oth«r
lands hereinbefore mentioned.
III. And be it further enacted by the authority aforesaid, That the persons nominated
and chosen assessors in each and every parish, township, reputed township, or jdace,
shall, during the continuance of this act, have power and authority, and they are hereby
authorized and empowered, and required, to demand and receive of and from each and
every rateable inhabitant resident within the parish, township, or place, for which tbey
shall be so nominated and chosen, a list of all the rateable personal property in his^ her,
or their possession, in the province, and of all the lands or other real estate in his, her, or
their possession within the said parish, township, or place, specifying the number of the
lot or lots and the concession or concessions in which the same is or are situated, or
otherwise particularly describing the same, and also the number of acres cultivated or
uncultivated in each lot or parcel of land, which list shall be taken annually during the
continuance of this act, between the first Monday in February and the sitting of the
quarter sessions of the peace, then next ensuing, and the said assessor shall make a return
of all the rateable inhabitants, with a true list of all their rateable property, specifying
the particulars above mentioned, and shall in like manner insert their own rateable pro-
perty therein, at the foot of which they shall subscribe their names, and after putting a
copy thereof in some public and conspicuous place in the township in which the same
shall be made, shall return the same to the clerk of the peace, to be laid before the court
of quarter sessions,
IV. And be it further enacted by the authority aforesaid. That all lands shall be con-
sidered as rateable property, which are holden in fee simple, or promise of a fee pimple by
land board certificate, order of council, or certificate of any governor of Canada, or by lease.
- V. And be it further enacted by the authority aforesaid. That each lot, piece, or parcel
of land in any of the before recited towns, other or less than a town lot on the original
plan of such town, held by lease br otherwise, on which a building shall be erected, shall
be likewise taken and considered to be a town lot. «
VI. And be it further enacted by the authority aforesaid^ That it shall and may be
lawful for such assessors, yearly and every year, during the continuance of this act, to
demand and receive of and from the treasurer of the district, a sum of money, not exceed-
ing four pounds for every hundred pounds contributed and raised in and by their xespective
townships, reputed townships, or places, for the year they shall serve that office, and so
in proportion for any greater or less sum and sums, and the treasurer of each and every
district is hereby authorized and required to pay such assessor as aforesaid.
VII. And be it further enacted by the authority aforesaid. That the several couils of
quarter sessions are hereby authorized, empowered, and required, after having ascertained
the sum of money required to be raised for defraying the public expenses of the district,
to divide and apportion the same upon each and every person in the said rate.rolis named,
digitized by VrjijOv IC
tofSMIPH^ PftBLlAMBNT.]
C. 7. — -FfOTY-XI^TH Y£AR OF G&ORtiS HI. — 1SI9.
217
•mi liable io pay ndes aa aforeeaid^ so that every person shall be assessed in just propor-
iMA lo the liat of his> her, or their rateable property, real and personal, according to the
rates hereiiriiefore specified, and having aacert^ned the quota, dividend, or sum of money
kr which each aad every person shall be so assessed for the current year, they shall direct
the clerk of the peace to transmit forthwith a certified copy of such assessment roll, so
rated and ascertained as aforesaid, to each and every collector within the district, and the
wd derk of the peace shall be entitled to ask, and the treasured is hereby reqnived to pay
him, the sum of thirty shillings on each assessment roll, so by the said clerk apportioned
and trsnsuiitted as aforesaid, and such copy certified by the clerk of the peace as aforesaid,
sfaail be to each and every collector sufficient authority for collecting the proportions or
dividends within their respective townships, reputed townships, or places: Provided
always, That the sum levied shall in no one year exceed one penny in the pound on the
sum bereia specified, on the valuation at which each species of the property before men-
tioned shfdl be rated and assessed.
VIII. And be it further enacted by the authority aforesaid. That no new assessment
shall be made until it shall appear to the justices at their respective general quarter sessions,
or the greater part of them, then and there assembled, by the accounts of their treasurer,
or otherwise, that one half of the money collected by virtue of the preceding rate, together
with the whole 'of the monies collected under and by virtue of any act or acts now or
heredier to be in force in this province, shall have been expended for the public uses of
the district.
IX. And be it further enacted by the authority aforesaid, That if any person appointed
or to be appointed a parish or town officer, under the authority of any of the acts of the
parliament of this province, in force for that purpose, shall neglect or refuse to perform
the duty imposed upon them and each of them, by the provisions herein contained, in
manner and form as herein specified and declared, or if any person or persons liable to the
payment of the rates by this act imposed, shall neglect or refuse to deliver in a true list of
his or her rateable property, real and personal, to the assessors, in manner and form herein
specified, or shall wilfully misstate such rateable property, every such person or persons
shall forfeit and pay a sum of money, not less than two pounds, nor more than five pounds,
for the first ne^eet or refusal, and ten pounds for the second, to be le\iied by distress and
sale of the offender's goods and chattels ; and upon complaint of such neglect, before two
or more of his Majesly^s justices of the peace, for the division where the offence is^harged,
they shall hear and determine the same, and upon sufficient proof being made of such
wilful neglect, refusal, or misstatement, shall issue sueh warrant as aforesaid, unless such
6ae shall be immediately satisfied, and such sum of money, when collected, shall be paid
into the hands of his Majesty's receiver general, to and for the use of his Majesty, his heirs
and suodfessors, and towards the support of the civil government of this province, to be
accounted for to his Majesty, through the lords commissioners of his Majesty's treasury,
for the time being, in such nmnner and form as it shall please his Majesty to direct, and
the justices before whom such conviction shaU or may have taken place, shall certify the
same to the clerk of the peace for^the district or .county where the offence was committed,
who shall, and he is hereby required to, insert the rateable property so withheld or mis-
stated on the assessment list of the township wherein the offender was resident at the titpe.
X. And be it furdier enacted by the authority aforesaid. That if any person shall refuse
to pay the sum or rate for which he or she c^tands rated in manner aforesaid, for the space
of fourteen days after demand duly made of the same by the said collector, the said collector
shall, and is hereby required to, levy the same by distress and sale of the goods and
chattels of the person so neglecting or refusing to pay^ after having obtained a warrant for
that purpose from some one of his Majesty's justices of the peace, and to render the
overplasy if any there shall be, over and above the said rate, to the owner theredf, after
deducting the legal charges of the distress and sale.
XL And be/ it further enacted by the authority aforesaid, That the collector may deduct
at the rate of five pounds for every hundred pounds, and no more, as a full compensation
iot his service in eoIlectij|g, any law to the contrary notwithstanding, and that the treasurer
shall give a receipt for ^ money paid to him by any collector, which receipt shall be to
such eolleetor a sufficient acquittance.
XIL And be it further enacted by the authority aforesaid. That his Majesty's surveyor
general of this province, for the time being, shall, on or before the first day of July, which
will be in the year of our Lord one thousand ^ight hundred and twenty,' furnish the
treasurer of each and every district thereof, with a list or schedule of the lots in every
town, township, or reputed township, of his respective district, as the same are designated
by numbers and concessions^ or otherwise, upon the original plan thereof, in which list it
shall be speeifled, in columns opposite to each lot respectively, to whom the said lot, or
any and tirhAt part thereof, has been described as granted by his Majesty, and whether the
same, or any and<wbat part thereof, be yet ungranted, and also what lots are reserved as
Digitized by
Astes«in«nt roHi.
Clerk of the peace.
L'mitation of
ment to one penny in
tlie pound.
Restrictionsprerenting
new as'sossraent except
in certain caaec.
Paniiliment of officen
neglecting or refusing
to perforin dnties im-
posed on them by thii
act,
and on persont not de-
livering true liats to as-
■e«son.
Fine.
How levied.
Accounted for.
In case of rcfai a] to pay
rate, the same to be
levied by distress.
Overplus.
Compenaation
lectors.
to col-
Money received by
them to be paid to the
treasurer.
Schedules of granted
and leased lands to be
furnished by surveyor
general.
Google
sia
All lands included in
sTxcb sch c<] a!es M erant-
H or leased, thail be
liable to aatessoieots
vholhrr occupied or
nnt.
Tlr.w rail's to Ue col-
le.'tcd in respect of
luds not returned on
aMe^S'nent li^ts.
Dittr'fts.
T.easiircr of each di«-
t* et to ]:ttp an ac-
cfiunt a|>3%iAtft the lands
in his district, charging
tie rates hereby im-
pospd.
Inrpectirn of^ccounts.
Fee for search.
Rates to eceuiBulatehj
an incrcnsedf ropoxtion,
if suHWrcd to remain in
arreor bejoni certain
periods.
(As to tl:e »a!e of land
fcr arrears of taxes , see
Cth Geo. IV, e7, and
ftth Geo. IV, c 8)
Townships not aiithori*
sf d to bold tc-wn mect-
inj:B.
Aggregate account to
Vic tn»i.smitt<*d to the
lieittenant governor by
the clerkn of the peace.
Remuneration ti the
clerks of the p^ace.
Treasurer hr^w to be
appointed.
C. T.— FnrTT*irnrni Ybail^ Gamoa III.— 1819.
«rown or clergj reserves, or for other puUie purposes, and to whom such rtservM^^r sbj-
and what part thereof, have been leased by his Majesty, and shall on or befefe the first
^y of July in every year thereafter^ transput to the treasurer of snchdistriet'respeothri^,
a schedule of all such lots or parcels of land, specifyiug the number of acres or other less
quantity of land in each, as have been granted or set to lease by his Majesty, nnoe the
last schedule by him furnished, as before directed.
XIIL And be it further' enacted by the authority aforesaid, That all lands described in
the said schedule as having been granted or let to lease by his Majesty, shaR from the
time they are returned in the said schedule, be assessed and charged to the payment of
the rates or taxes imposed by this act, in the respective districts in which they are tfitn*
ated, and not elsewhere, whether the same be. occupied at the time of assessment er not ;
and the treasurer of each and every district of this province is hereby authorized and
empowered to receive from any person or persons paying the same, the rates or taxes for
and in respect of all such lands as are not returned on the assessment roll of any town^ip
or place, and that in case any lands charged to the said rates or taxes, shaUbe unoccupied
and no distress can be found "on the same at the time such rates or taxes shall be payable,
it shall and may be lawful for the collector for the time being of the township or plaee in
which such lands are situated, at any time thereafter, to enter upon the said landu, wfaeit
there shall be any distress thereupon jto be found, and having obtained a warrant ibr -that
purpose frcm any of his Majesty's justices of the peace, to levy from the occnjMer ef eaeh
tract or parcel of land, the amount of all rates and taxes in arrear, by distress and sale, as
they might have done upon the same lands if in the occupation of such persons, at the
time' the rates and taxes became due, and after deducting the legal charges of distress and
sale, as well as the amount of such taxes in arrear, such collector shall pay the oveipbu,
if any there be, to the person or persons occupying the preouses on which such distress
was made.
XIV. And be it further enacted by the authority aforesaid, That the treasurer ef eaeli
and every district of this province shall keep an account for every parish, town, township,
reputed township, or pkce within his district, according to the list or schedule famished
by the surveyor general, as before mentioned, in which account he shall partieulaiij
enumerate every lot or parcel of land in the said parish, township, or place, describing the
same as in the said schedule, and shall charge the same with, or credit it for the sjoount
of the taxes and rates payable or paid in respect thereof, for each and every year; and*
that the said books or accounts shall be produced by the said treasurer, for the inspection
of the justices at the court of general quarter sessions held in his district respectively, in
erch and every year, and shall be kept open for the inspection of all persons desiritt|r to
see the same, between the hours of ten and three, on every first and third Monday in eMh
iponih, and the treasurer is hereby, authorized to demand for every such 'search ana inspeei^
tion, one shilling and three pence, and no more.
XV. And be it further enacted by the authority aforesaid, That when the rales and
assessments upon any lot, piece, or parcel of land, shall be suffered to remain inarrear and
unpaid for the space of three years, the rates and 8.ssessment9 so in arrear shall be increased
in the proportion of one third, and if suffered to remain five yeu^ in arrear, the whole
sh^ be increased in the proportion of one half, and if suffered to remain eight years in
arrear, the amount of such arrear shall be doubled, and the said rates and assessments shall
be charged thenceforward in double the amount that would grow due according to the
existing rate or asses?'.nent, and such rates eo increased respectively, shall be chafed
against the lands in the accounts of the treasurer herein directed to be kept, and shaU^ he
levied in the manner hereinbefore provided.
XVI. And be it further enacted by the authority aforesaid, That persons residing ta*
townships or places not authorized to hold town meetings, shall be considered, for the*
purposes of this act, as inhabitants of the township adjacent thereto which shall contain the
smallest number of inhabitants, and shall be assessed accordingly.
XVII. And be it further enacted by the authority aforesaid. That the clerk of the peace
in each and every district in this province shall, and is hereby r^iired to, transmit before
the end of the month of January in each and every year, to the governor, lieutenant
governor, or person administering the govemincnt, an aggi-egate account of the said assess-
ment, in order that the same may be laid before the legislative council and house of
assembly, which shall contain a true and full statement of every species of property in
respect of which such assessment was made, «ind the clerks of the peace respectively are
hereby authorized to demand, and the treasurer of each district is hereby respectively
required to pay each of the said clerks of the peace, for their trouble in making up such
aggregate account, the sum of thirty shillings.
XVIII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said justices, at their respective general quarter sessions assembled, or the
greater part of them then and there assembled, to nominate and appoint a proper person.
Digitized by VnUOVJ IC
PtMJAtmirr.] C. 8. — Fim-in]i|B Tiu» or Gsohob III.— 1819.
beiag resident within tlie district, to be treasurer of the said district, which treasurer shall
give suffietent security in such sum as shall be approved of by the said justices at their
respeelive general quarter sessions then and there assembled, to be accountable for the
sereral sums of money which shall be respectively paid to him in pursuance of this act,
and to pay sueh sum or suras of money as shall be ordered to be paid by the justices in
their general quarter sessions, and also for the true ^nd faithful execution of the trust
reposed in him ; and all and every such sum or sums of money as shall be paid into his
hands, by virtue of and in pursuance of this act, shall be deemed and taken to be the
public stock of the district, and the said treasurer sba I and is hereby required to pay so
much of the money in his hands to such person or persons as the said justices, at their
respective general quarter sessions, or the greater part of them then and there assembled,
shall by their order direct and appoint, for the purposes therein recited, and for any other
OSes and purposes to which the public stock of the said district is or shall be applicable
by law, reserving at all and every time or times, to and for his own use, as a reward for
his labor and expense, the sum of four pounds for every hundred pounds, that shall or
may' be paid into his hands, under the authority of this act, for the purposes aforesaid.
XIX. And be it further enacted by the authority aforesaid, That the said treasurer ^hall,
and is hereby required to, keep books of entries of the several sums respectively received
and paid by him, in pursuance of this or any other act now or hereafter in force in this
province, and also to deliver in a true and exact account, upon oath, which oath any one
of the justices, at their respective general quarter sessions, is hereby authorized to admi-
nister, of all and every sum or sums of money respectively received and paid by him,
distingnishing the particular uses to which such sum or sums of money have been applied,
to thejust/ces at every general quarter sessions to be holden for the district, and shall
lay before the justices of such sessions the proper vouchers for the same, and also transmit
once in each and every year a certified copy thereof, on oath, to the governor, lieutenant
governor, or person administering the government, in order that the same may be laid
before the legislative council and house of assembly, and the discharges of the said jus-
tices of the peace, or the greater part of them, by their orders made at their general
quarter sessions, td such treasurer, shall be taken and allowed as a good and sufficient
acquittance to the full amount thereof. .
XX. And be it forther enacted by the authority aforesaid, That it shaH- and may be
lawful for the said justices of the peace, at their general quarter sessions, or the greater
part of them, (rom time to time, to continue such treasurer in his office, so long as they
shall see convenient, and to remove him at their pleasure, and appoint any other proper
person in his place.
XXI. And be it further enacted by the authority aforesaid. That the following fees,
and no more, shall be taken for every distress levied under this act : for every warrant off
distress, two shillings and six pence ; for every mile travelling to execute the same, four
pence v snd for every selling and making return, two shillings.
XXII. And be it further enacted by the authority aforesaid, That for every schedule for
each township, furnished by the surveyor general of this province, according to the pro-
visions of this act, on or before the first day of July, one thousand eight hundred and
twenty, he shall be entitled to receive from and out of the rates and duties now or here-
after to be raised, levied, and collected, to and for the uses of this province, the sum of
twenty shillings for each and every such schedule, and for every supplementary schedule
thereafter, furnished as directed by this act, the sum of two shillings and six pence^ to be
paid by the receiver general of this province, in discharge of such warrant or warrants as
the governor, Keutenant governor, or person administering the government of this province,
shall issae, and shall be accounted for to the lords commissioners of his Majesty's
trestsnrjy for the time being, in such manner and form as it shaH please his Majesty to
direct.
XXIV! ! [Repealed by 6th Geo. lY, c 7.J
MS
SMorit^.
Dqty.
RemiraeniiOB.
TreMiirer't teoonto .
Certified copj of the
Mune to be tra&smitted
to the lieotenaat go-
Tenor.
Treetnrer rcmoraUe
frcm office tt the plea-
sure of the jasticei.
Feet OB dittroM.
OnpeBiatfoB to ear*
YtyoT general for the
dutie* impoied ob him
by this act.
(6ee2dGeo.iy,cl6.)
CoBthnnaiee of Ihie aet.
Form of
roll.
Chapter VIII,
An aet ta repeal part of and amend Ike laws now in force for layinpc out^ amending^ and
keeping in repair j the public highways and roads in this province.
[Pasted July 12, 1819.]
Whcrbas it is expedient to amend the laws now in force for providing for the laying Preamble,
oat, amending, and keeping in repair, the public highways and roads in this province ; be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
lecislsftire eouncil and assembly of the province of Upper Canada, constituted and assem-
^ -'''''' Digitized by
(AmeadedbjithGeo.
IV, c 9 See abo 4tk
Geo. lY, e 10.)
Google
After fint Monday in
Mnreh, 1820, the 80th
danscof 50thGeo. Ill,
e 1, and certain parts
offi6th Geo. Ill, c 41,.
repealed.
After first Monday m
March, 1820, what per-
sons are to perform la-
bor on the highways,
and in what proportion.
Lands subject to be
assessed, but not inclu-
ded in the assessment
roll of any township, to
be rated at one eighth
of a penny per acre, for
ameadni'i the roads.
Trrasmrer to receive
sueh rate, and if not
paid, and the land un-
occupied, the rates may
be levied by dittress at
any time after, when
occupied.
C, 8.— Firrr-NiNTH YsarN^p OmaOs UL— 1819. {timma^
bled by virtue of and under the authority of aa act passed i& the yirijamtiit <tf CbtMl
Britain, entitled^ '^ An act to repeal certain parts of an act passed in the fouHeeirth year
of his Majesty's reign, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America^ and if} make further firovisioit
for the government of the said province^^and by the authority of the same, That ffoi^
and after the first Monday in the month of March, which will be in the year of owr Loyd
one thousand eight hundred and twenty, the thirtieth clause of an act of the pariiameat
of this province, passed in the fiftieth year of his Majesty's reign, entitled, ^^ An act to
provide for the laying out, amending, and keeping in repair,, the public highways and roadi
in this province, and to repeal the laws now in force for that purpose," and so much of an
act passed in the fifty-sixth year of his Majesty's reign, entitled, '^ An act to re]ieal and
amend part of an act passed in the fiftieth year of his Majesty's reign, entitled, ^ Aa aH
to provide for the laying out, amending, and keeping in repair, the public hig)iways and
roads in this province, and to repeal the laws now in force for that purpose,' " as-eaaels
^' that any person liable to perform the duty imposed by the before recited act may eon-
pound for such duty, if he or she may think fit, by paying to the^verseer the sum of tea
shillings, for each cart, waggon, team, and driver, for each day, and every person liable
to perform such labor may compound for the same, if he or she shall think fit, by paying
to the overseers the sum of five shillings, for and in lieu of such day's du^ or labor
respectively," at the time and in the manner directed by the aforesaid act, shall be, and
the same are, hereby repealed.
II. And be it further enacted by the authority aforesaid, That from and after the fint
Monday in March, which will be in the year of our Lord one thousand eight hundred and
twenty, every person included or inserted in or upon the assessment roll of any township,
reputed township, or place, shall, in proportion to the estimate of his real and persond
property stated on the said roll, be held liable to work on (he highways and roads in each
and ever}' year as follows, (that is to say,) if his- property be not rated at more tbiB
twenty-five pounds, then his proportion of statute labor on the highways shall be two
days ; if at more than twenty-five pounds, and not more than fifty pounds, three days ;
if at more than fifty pounds, and not more than seventy-five pounds, four days ; if at more
than seventy-five pounds, and not more than one hundred poun^ls, five days ; if at more
than one hundred pounds, and not more than one hundred and fifty pounds, six days; if
at more than one hundred and fifty pounds, and not more than two hundred pounds, seven
days ; if at more than two hundred pounds, and not more than two hundred and fifty
pounds, eight days ; if at more than two hundred and fifty pounds, and not more than
three hundred pounds, nine days ; if at more than ^three hundred pounds, and not Inore
than three hundred and fifty pounds, ten days ; if at more than three hundred and fiftr
pounds, and not more than four hundred pounds, eleven days ; if at more than four hun-
dred pounds, and not more than five hundred pounds, twelve days ; and for every hundred
pounds above the sum of five hundred pounds, till it amounts to one thousand pounds,
one day ; and for every two hundred pounds above the sum of one thousand pounds, till
it amounts to two thousand pounds, one day ; and for every three hundred pounds above
the sum of two thousand pounds, till it amounts to three thousand five hundred pounds,
one day ; and for every five hundred pounds above the sum of three thousand five hun*
dred pounds, one day : Provided always, That every person possessed of a wa^on, cart,
or team of horses, oxen, or beasts of burthen or draft used to draw the same, shall be
liable to work on the highways not less than three days, any thing herein contained to the
conti^ry in any wise notwithstanding.
III. And be it further enacted by the authority aforesaid, That from and after the first
Monday in the month of March,, which will be in the year of our Lord one thousand eight
hundred and twenty, every lot or parcel of land in this province, subject to be rated and
assessed, but which by reason of its remaining unoccupied, or for other cause, may net be
included in the assessment roll of the township, reputed township, or place, wherein the
same is situated, shall nevertheless be rated and assessed at one eighth of a petiny per
acre, annually, towards defraying the expense of laying out, {^pending, and keeping in
repair, the public highways and roads in such township, reputed township, or place, to be
levied by distress and sale, in case of non-payment, in the sanfe manner by the collectors
in the different districts respectively, as the other rates and assessments shall and may be
levied and collected by virtue of the laws then in force for that purpose.
IV. And be it further enacted by the authority aforesaid. That the treasurer of each
and every district in this province is hereby authorized and empowered to receive from
any person or persons paying the Same, the rates or taxes by this act imposed, for or in
respect of all such lands as are not returned on the assessment i*oU of any township or
place, and that in case any lands charged with such rates and taxes shall be unoccupied,
and no distress can be found thereon at tho time such rates or taxes shall be payable, it
shall and may be lawful for the collector, for the time l>eing, of the township or place in
Digitized by VrjiJOV IC
FmKKIAM£NT.]
G. B.-^Fam-vu^ Ycar.ojt Gxoagjb III.r— 1819.
tSl
DiitreM.
wliieh weh Imds are situated, at anj time thereafter, to enter upon the said lands, when
there dMUite anj distress thereupon to be found in the actual possession of the owner or
oecupter thereof, and having obtained a warrant for that purpose from anj of his Majesty's
justices of the peace, to levy the amount of such rates and taxes in arrear, by distress and
sale, as they might have done upon the same lands, if in the occupation of such persons
at the time the rates and taxes became due, and after deducting the legal charges of dis-
tress and sale, as well as the amount of such rates and taxes in arrear, such collector shall
pay the overplus, if any there be, to the person or persons occupying the premises on
which soeh distress was made.
V. And be it further enacted by the authority aforesaid, That when the rates and
assessments chargeable upon any lot, piece, or parcel of land, by virtue of this act, shall
be in arrear and unpaid for the space of three years, the said rates and assessments, so in
anettv shalfbe increased in the proportion of one tbii-d, and if suffered to remain five years
in arrear, the whole shall be increased in the proportion of one half, and if suffered to
mmain eight years in arrear, the amount of such arrears shall be doubled, and the said
rates and assessments shall be charged thenceforward in double the amount that would
f^ow due according 'to the exiting rate or assessment, and such rates, so increased
lespectively, shall be charged against the lands in the accounts of the treasurer herein
directed to be kept, and shall be levied in the manner hereinbefore provided.
VI. [llepealed by 4th Geo. IV, c 10, si]
VII. And be it further enacted by the authority aforesaid, That the treasurer of each
and every district of this province, in the account which he is required to keep, for every
parish, township, reputed township, or place, according to the provisions of a certain act
passed in the present session pf the parliament of this province, entitled, '^ An act to repeal
the several laws now in force relative to raising, levying, and collecting rates and assess-
mepts in this province, and further to provide for the more equal and general assessment
of lands and other rateable property throughout this province," shall charge each lot or
parcel of land with, or credit for the amount of taxes and rates hereby imposed, as well as
of those accruing under the last mentioned act, and that the said books or accounts shall be
produced to the justices, and shall be subject to public inspection in the same manner as
is provided by the said act, except that no more than one fee for search shall be exacted
by the treasurer for inspection of both heads of rates or assessments at the same time.
VUi. And be it further enacted by the authority aforesaid. That the collectors through-
cMit this province shall pay over the monies by them received or levied at any time under
ibis Btif to the treasurers of their respective districts, in the manner provided by an act of
the parliament of this province,, passed in the fifty-third year of his Majesty's reign, enti-
tled, " An act to alter and amend an act passed in the forty^ighth year of his Majesty's
reign, entitled, ^ An act for the better regulation of parish and town officers throughout
this province,' " and shall be entitled to deduct at the rate of five pounds for every hundred
pounds, and no more, -as a compensation for their services in collecting and paying over,
and the treasurer shall give a receipt for all money paid to him by any collector.
IX. And be it further enacted by the authority aforesaid. That for every distress levied
under this act, the following fees, and no more, shall be taken : For the warrant of distress,
two shillings and six pence ; for every mile travelling to execute the same, four pence ;
and for every selling and making return, two shillings,
X. [Repealed by 4th Geo. IV, c 10, s 13.]
XL And be it further enacted by the authority aforesaid. That the overseers of high-
ways jihall, in the accounts which they are required by the said act passed in the fiftieth
year of his Majesty's reign, entitled, " An act to provide for the laying out, amending,
and keeping in repair, the public highways and roads in this province, and to repeal the
laws now in force for that purpose," to keep, produce, and verify on oath, account for all
sums of money received and expended by them under this act, and shall be liable to be
punished for misapplying, or refusing or neglecting to apply or account for such monies,
in the same manner as is provided by the last mentioned act, with respect to the monies
therein appointed to be received and accounted for by the said overseers, and that any
rates or taxes paid to the overseers, and not applied by them during their year, shall be
paid over by the justices receiving the same, to the overseers for the next ensuing year,
to be by them applied in like manner, as hereinbefore directed.
XII. And be it further enacted by the authority aforesaid. That if any overseer, in ^^nmy.
verifying lus accounts, shall swear fab^ly, he shall, upon conviction thereof, suffer all the
pains and penalties to which persons convicted of wilful and corrupt perjury are liable ;
and whereas it is provided by a certain act passed in the fifty-sixth year of his Majesty's
reign^ entitled* .^^ An act to repeal and amend part of an act passed in the fiftieth year of
Rates to accumulate by
increased pri^ortioaa
if suffered to remaia
in arrear.
Statute labor may be
compounded for.
Rates of composition.
Treasurer to chai]g;e
lands in his district
with the rates heieby
imposed.
Books to be open.
Fee for search.
Collectors to pay oyer
money to the treasurer.
Compensation to col-
lectors.
Fees on warrant of dis-
tress, &c.
Compensation to the
treasurer.
Monies to b«> paid orer
b% him to the orerseers
of the highways.
Overseers to render
account on oath.
Money n^t expended
by overseers snail be
paid over to their suc-
cessors.
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tM
C. 9, 10.— Fim-NUTTH YfiA&N>t Gbobax I1I.--1819.
[FMMt
<Sm 06th Ooo. I1I> e
Power giren to th^ ma-
gistrates in certain ca-
ses CO exempt from sta-
tute labor on the high-
ways.
This aet not to yary or
annul any provision ex-
cept as herein express-
ly enacted.
Continuance of this act
bis Majesty's re%n, entitled, 'An act to provide for the lajiogont, amending, and fce^ang
in repair, the public highways and roads in this province, and to repeal the laws now in
force for that purpose," that every male inhabitant, from the age of twenty-one years to
fifty, not rated on ihe assessment for any town, township, or place, within tlus province,
shall be compelled to work on the highways three days in every year, within the township^
town, or place, he may reside in, under the same penalty as is imposed by any act on
persons rated on the assessment list ; and whereas in some instances the operation of the
said provision may be found too severe ; be it therefore enacted by the authority aforesaid.
That from and after the passing of this aet, persons gaining their livelihood by the wages
of daily labor, and possessing no rateable property, or hot being assessed at more than
twenty-five pounds, who, by reason of age, sickness, or numerous family, or misioFttme,
may be in poor and indigent circumstances, and also persons emigrating to this province
wi h intent to become permanent settlers and landholders therein, and not having tesided
six months in the province, may apply to the justices at any special or petty sessions, held
for the district wherein such person shall reside, and the said justices, having first given
notice to the overseer to appear on the part of the township or place to'which such person
may belong, shall examine and inquire into the situation and circumstances of the persoa
making such application, and if it shall appear to the satisfaction of such justices, or the
majority of them there assembled, that such person is really poor and indigent, and a
deserving object of such relief, or that he has emigrated to his province with intent to
become a permanent settler and landholder therein, and has rot resided six months in the
province, the said justices may, in their discretion, exempt such p rson respectively from
the performance of such statute duty upon the highways^ and from all composition money
in lieu thereof.
XIII. And be it further enacted by the authority aforesaid, That nothing in thb act
contained shall be construed to vary, repeal, or annul aiiy clause, matter, or thing, in the
said acts contained, further than is herein expressljr declared and cinactedj
•XIV. [Repealed by 4th Geo. IV, c 9, s 14.]
Cbapter IX.
An act to repeal and am^nd certain parts of an act passed in the thirty-fourlh year of
his Majesty^ s reign^ entitled^ " An act to establi ha court for the cognizance of smsM
caiLses in each and every district of this province ;" and also^ of an act passed in tks
thirty-seventh year of his Mojesty^s reign^ entitled^ " An act to extend the jurisdiction
and regvlate the proceedings of the district courts and court of requests.^^
[RfiPXALXD B7 2d Geo. IV, Cb. 2.}
PrMuablaA
£4816, sterling, jerant-
ed to his Ma]esty, in
aid of the funds already
appropriated towards
defrajhil^ the charges
of the oinl goremment,
&e.
Chapter X.
An act for granting to his Majesty a sum of mcny in aid of the funds for defiraying
the expenses of the adminijtration of justice^ and support of the civil govemmitof
this province,
[Passed July 12, 1819.]
Most gracious Sovereign :
Whereas your Majesty's faithful commons have voluntarily and freely resolved to grant
to your Majesty a supply to defray certain charges for the administration of justice, and
support of the civil government of this province ; we, your Majesty's dutiful and loyal
subjects, the commons of Upper Canada, in provincial parliament assembled, beseech your
Majesty thiit it may be enacted, and be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reigns entitled, * An act for making more
effectual provision for the government of the province of Quebec, iti North America, And to
make further provision for the government of the said province,' " aind by the authority of
the same, That from and out of the rates and duties raised, levied, and cpUei^tcfdj of
hereafter to be raised, levied, and collected, to and for the public uses of this pfovince,
and in the hands of the receiver general, and unappropriated, there be appropriated the
sum of four thousand eight hundred and fifteen pounds, sterling, which said sum of four
thousand eight hundred and fifteen pounds, sterling, shall be applied in aid of the funds
already appropriated by an act of the parliament of Great Britain, passed in the four-
teenth year of his Majesty's reign, entitled, " An act to establish a fund to^tirds ftfrther
Digitized by Vn'iJijy IC
P4#W1UWT.3
C. U, IS.— FiFric-srniTH Ykar of Gvo&ok III.— 1819.
25S
j(,^6 chail(^ of the aniiiiiiiistratioii of juatice, and support of the civil government
le jirovince of Quebec^ in America," towards the following services for the year
one Iboust^ eight hundred and twenty :
For the administration of justice ; the lieutenant governor's office ; the receiver gene-
ral's q©ce ; the surveyor general's office ; the executive council office ; the crown office ;
the attorney general's office : the secretary's office ; the register of the province ; the
inspector general's office; pensions to wounded militia officers; repairs and contingen-
cies of the government house ; government printer ; tasual and other expenses.
And shaQ be paid by the receiver general of this province^ in discharge of such warrant
or warrants as shall, for that purpose, be issued by the goveirnor, lieutenant governor, or
eirson administering the government of this province, and shall be accounted for to his
ajesty, through the loros commissioners of his treasury, in such manner and form as
his M^estjr, his heirs* ahd successors, shall be graciously pleased to direct.
.n. Provided always, and be it further enacted by the authority aforesaid, That an
account ip detail of all monies paid und<^ the authority of this act, be transmitted to be
laid beficNre the commons house of assembly, at the then next ensuing session of parlia-
ment, and, Provided also. That so much of the said sum as may remain unexpended, shall
te subject to the ituture oisposiiion of parliament.
How to be paid and ac-
oooAted for.
Ac count of expendi-
ture to be submitted to
parliament.
An da
Chapter XI.
to ameni and repeat part of an act passed in the fijly-sev^th year of his Ma-
je0iy*$,reignj tiUitledy "-4n ail to establish a market in the town of Niagara^ in the
Niagara disirid."
[Passed July 12, 1819.]
Whis^sas certain parts of an act passed in the fifty-seventh yeai^ of his Majesty's reign, yteam\A
entitled, ** An act to establish a market in the town of Niagara, in the Niagara district,"
are now inapplicable, it is therefore expedient to amend and repeal the same ; be it there-
fore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of tipper Canada, constituted and
assembled by virtue of and Under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year of
his Maksty's reign, entitled, * An act fcr making more effectual provision for thegoveni-
inent m t|ie province of Quebec, in North America, and to make further provision for
the gov^OTiment of the said province^'" and by the authority of the same. That from
and after the passing of this act, the fifths sixth, and seventh clauses of the aforesaid act,
be, atid the same are hereby repealed*
n. And be it further enacted by the authority aforesaid. That the said market house
shall be built and erected at such pl^ce ih the town of Niagara, as the magistrates for the
district «f Niagara, in their general quarter sessions of the peace, or the majority of
them) may direct.
5tb, 6th, and 7th ehiu-
ses of 57th Geo. Ill,
repealed.
Market house to be
built where the justi-
ces shall appoint.
Chapter XII.
Jn actio repeal pott of and amend an act passed in the forty-eighth year of his Ma-
jt$ljf^9 reign^ eniitled^ ^^ An act to explain, amende and reduce to one act of parliament^
the several taWs now in being for the raising and training the militia of this pro-
[Passed July 12, 1819.]
Wftiemx^ there is now no provision by law for assembling a co^iurt martial, unless when PreamWe.
the mIKtia of this province shall be called out on actual service, by reason whereof, it
maj happen that persons against whom charges may have been preferred before a court of
inquiry, may have no opportunity bt niaking their defence against such charges, before a
court competent to receive sixth evidence upon oath, in their behalf ; for remedy whereof,
be it enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeaJ certain parts of an act passed in the fourteenth year
of his MajeSty^s reign, entitled, * An act for making more effectual provision for the govern-'
ment of the province of Quebec, in North America, and to make further provision for the
Bvenunent of the said province,' " and by the authority of the same. That the twenty-
3i clause of an act passed in the forty-eighth year of his Majesty's reign, entitled, ** An
aet to e:i^taio, amend, and reduce to one act of parliament, the several laws now in being
for the raising and training the militia of this province," shall be, and the same is hereby
repealed.
S2
26(h clause of 48ti&
Geo. Ill, c 1, repealed.
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264
C. IS, 14— Finr-iriirTB Yjbab of Gbobob III.--^i819.
[Fpnxt
General emiri nwrtial
may be granted at the
prayer of the party,
thoufrh no part of the
militia shall be called
ont on actual aerrice.
How tnch court i
proceed.
What pnnMhment they
may inflict.
48th Geo. Ill, c 1, to
remain in fall force.
II. And be it further enacted by the authority aforesaid, That from and after thcf po^B^
of this act, in all cases where a general court martial shall be prayed for by any oflieerf
against whom any charges have been, or may be preferred, when any part of the militia
of this province shall not be called out on actual service, the governor, lieutenaiit
governor, or person administering the government, may direct a general court martial to
be held, to be assembled in the same manner, and under the same provisions, and to pro-
ceed in the same manner'as provided by law in time of actual service : Provided always,
nevertheless. That if any such officer shall be found guilty by any general court martial,
duly assembled, when any part of the militia of the said province shall not be called on
actual service, such court martial shall and may inflict on him such penalty, proporttooed
to the offence, as the said court shall judge proper, either by censure or suspenaion, or
depriving him of his commission, and degrading him from his rank, and no other.
III. And be it further enacted by the authority aforesaid. That notbins in this act con-
tained shall extend, or be construed to extend, to repeal or vary any of the provisions of
the said recited act, excepting so far as the same is expressly repealed in this act, but that
the said act, and every clause, matter, and thing, therein contained, except the said tweDtj>
fifth clause, shall be, and the same is hereby declared to be, in full force and effect.
Preamble.
tobe ap-
X865 sterlinc
8 lied annuaUr
Ike salary of the
to pay
m-
apector general*
Payable after lat Jann-
aiy, 1S20.
How
for
to bo oeeoimtod
Chapter XIII.
An act to grant to his Majesty a smn of money y to enable Mm to pay the mUary of ike
inspector general of piMic provincial accounts in this province,
[Patsed Joly 12, 1819.]
Most gracious Sovsrkion:
Whereas it is expedient to provide a fund to enable your Majesty to pay the salary of
the inspector general of public provincial accounts of this province, we, your Majesty's
dutiful and loyal subjects, the commons of Upper Canada, in provincial parliament assem-
bled, beseech your Majesty that it may be enacted, and be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the ledslative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' '^
and by the authority of the same, That from and out of the rates and duties raised, levied,
and collected, or hereafter to be raised, levied, and collected, to and for the uses of this
Erovince, and in the hands of the receiver general, unappropriated, there be granted to
is Majesty, his heirs and successors, the sum of three hundred and sixty-five pounds,
sterling, annually, which sum of three hundred and sixty-five pounds, sterling, diall be
appropriated, applied, and disposed of, in payment of the salary of the said inspector
general.
II. And be it further enacted by the authority aforesaid. That the said sum of three
hundred and sixty-five pounds, sterling, shall become payable from and after the first day
of January, one thousand eight hundred and twenty.
III. And be it further enacted by the authority aforesaid. That the said sum of three
hundred and sixty-five pounds, sterling, shall be paid by the receiver general of this pro-
vince, in discharge of such warrant or warrants as shall for that purpose be issued by the
governor, lieutenant governor, or person administering the government of this province,
and shall be accounted for to his Majesty, by the receiver general of this province, tfatoo^
the lords commissioners of his treasury, for the time being, in such manner and form tf
his Majesty, his heirs and successors, shall be graciously pleased to direct.
Preamble.
Chapter XIV.
An act granting to his Majesty a sum of money to provide for the accommodation of
the legislative council and house of assembly.
.. ^ EPMtedJoly 12. ISIS.)
Most gracious Soversign:
Whereas it is expedient to provide for the accommodation of the legislative council and
i.i__ i. ^1 . . , , «^ . . . . enacted, and
and consent
, _ -r^- , constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year
Digitized by
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SWfWmm PAlHUAMVirT.]
6. 16, 1«*— Fimr-mirTB YsaA of Osoros III — 1819.
886
of Us IfajestjV reign, entitled^ * Ao act for making more effectual provision for the
KTemment olthe province of Quebec, in North America, and to make further provision
r the govemment of the said province/ " and bj the authority of the same, That there
be granted to joiu* Majesty, your heirs and successors, from and out of the rates and duties
sow or hereafter to be raised, levied^ and collected, to and for the uses of this province,
and unappro|»iated, the sum of one thousand five hundred pounds, which sum of one
thousand five hundred pounds shall be paid by the receiver general of this province, in
discharge of such warrant or warrants as shall for that purpose be issued by the governor,
Ueutenant governor, or person administering the government of this province, to the per-
sons appointed, as hereinafter directed, to be applied by them towards erecting and putting
ap proper buildings for the accommodation of the provincial legislature, and shall be
aeeounted for through the lords commissioners of his Majesty^s treasury, in such manner
aad form as his Majesty, his heirs aad suecessors, shall be pleased to direct.
n^ Aod be it fui^h^ enacted by the authority aforesaid, That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this pro-
Tinee, to appoint two commissioners for the purpose of carrying into effect the provisions
of this aet«
£1600 apiilied towtfdi
ereetinjg^ buildiiigt for
the lefptlature.
CommisuoBen to
appointed.
Chapter XV.
Anaetto imccrfcrate certain persona under the style and title of the president^ directors^ ^!in^uS?t^rjS2i-
and company^ of the hank of Kingston. 9xjf,\9ii,)
Chapter XVl/"^ —
An act fbr appropriating a sum of money to defray the expense of procuring plans and
eUvaiions ofp%Mic buildings^ and for copies of the journals which were destroyed by
tie enemy.
[Paaied July 12, 1819:1
Moot oracioits SovfiBSiON:
Whereas in pursuance of a joint address of the legislative council and commons house
of asaenUy of this province, certain plans and elevations for public buildings were pro-
cured br^&e provincial agent ; and whereas it is expedient to appropriate a sum of money
to demr the expenses of the said plans and elevations ; and whereas a sum of money is
weqaSrea to defray the expense of procuring copies of the journals of the legislative council
MM asaettbly, which were burned by the enemy during the l^e war ; we, your Majesty's
dutiAil and loyal subjects, the commons of Upper Canada, in provincial parliament assem--
bled, beseech your Majesty that it may be enacted, and be it enacted by the King's most
exeelient Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
aet to repeal eertam parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the pro-
vinee of Qoebec, in North America, and to make further provision for the government of
the said province,' '* and by the authority of the same. That from and out of the rates and
duties already raised, levied, and collected, or hereafter to be raised, levied, and collected,
to and for the uses of this province, there be granted to his Majesty, his heirs and suc-
ceaem, the sum of five hundred and twelve pounds one shilling, sterling, to be issued
out of tte funds now remaining, or hereafter to come into the hands of the receiver
general, unappropriated, which said 9um of five hundred and twelve pounds one shilling,
shall be disposed of, appropriated, and applied by the provincial agent, as follows, viz,
one hoidred and fifty-seven pounds ten shillings, sterling, to defray the expense of pro*
curine certain plans and elevations for public buildings, procured by the provincial agent,
amd tbree hundred and fifty-four pounds eleven shillings, sterling, to defray the expenses
of {mcurrng copies of the journals of the legislative council and assembly, which said
sum' of five hundred and twelve pounds one shilling, sterling, shall be paid in discharge
of Midi warrant or warrants as shall for that purpose be issued by the governor, lieutenant
Svemor, or person administering the government of this province, and shall be accounted
r by the receiver general of this province, through the lords commissioners of his trea-
sury, in such manner and form as his Majesty, his heirs and successors, shall be graciously
pleaaed to direct.
FreamBle;-
£6121t.eterilng,tobe
paid to the proTincUl
a^^Dt, to defiay the ex-
pense •of procorinr
placf of puuie bnOa-
wge.
and copiet of the jotur-
nale of parliament de-
itroyedoythe enemj.
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25S
C. 17 18, 19.— Firnr-mifTR Ybak er Gkobok nL<-1819.
[Emm*
Preunble.
pbapter XVII.
An ad to rep«d pott tfan act pa$9€d in Aefiftjf^sbah gear a/ Mi M^^ewiy^g r^ign^ av
titled^ ^< An act to caniinue and amend an act pa9$ed in the Mtf^eetmd yeat of hie
Majesty's reigny eniiOedy ' An ad to preoent damage to traveUere on ths higkun^ in
this province:^ "
Wh£Rsa8 an act pasaed in the fiftj-secood year of his Majesty's reigD, entitM) ^ An
4Ui clause
III, ell, repUcd, by
which this act is con-
tinued.
shortly expire ; and whereas it is expedient to make the said recited acts pennanent laws
of this province ; be it enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act palssed
in the parliament of Great Britain, entitled, '^ An act to repeal cert^ parts of an act
passed in the fourteenth year of his Majesty's rei^, entitled, ^ An act for makinjg mora
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
^V^. 9^' of the same, That the last clause of the said last recited act be, and the same is, hereby
repealed. _««____-^__^
Preamble.
fiSthGeo. 111,0 22, C2n-
tinned.
Its proristmif extended
Feea to clerk of the
eominission.
(See 4th Geo. IV, c 7,
•ndl0thGeo.rV,c4.>
Clia]»tor XVIII.
An act to continue and amend an act passed in the fifty-sixth year of his Majesiy^s reign^
entitled^ '' An act to revive and continue an act passed in the fifty-second yeqr of h^
Majesty^ s reign^ entitled^ an act to continue and amend an act passed in thefifrty-eighih
year of his Majesty^s reign^ entittedj an act ta afford relief to those persons who may
be entitled to claim lands^ in this province^ as heirs or devisees of the nominees of the
crown^ in cases where no patent hath issued for such lands j and further to extend the
benefit of the said act, and to continue part of the same,^^
[Passed Myli; ISlSiJ
Wherkas an act passed in the fifty-sixth year of his Majesty's reim, entitled, '' Ap act
to revive and continue an act passed in the fifty-second year of his Majesty's reigd, entitled,
an act to continue and amend an act passed in the forty-eighth year of his Majes^'areigp,
entitled, an act to continue an act passed in the forty-fifth year of his Majesty's reign,
entitled, an act to afford relief to those persons who may be entitled to claim lands in this
province, as heirs or devisees of the nominees of the crown, in cases where no p&tent hath
issued for such lands, and further to extend tbe benefit of the said act, and to continue
part of the same," will shortly expire ; and where^ it is expedient to continue and amend
the same ; be it therefore enacted by tbe King's most excellent Majesty, by and with the
advice and consent of the legislative council and assenibly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority pf an act p^sse^ 19 the
parliament of Great Britain, entitled, ^' An act to repeal certain parts of a^ act ^^esed in
the fourteenth year of his Majesty's reign, entitled, ' An act foi; making more effectual
provision for the government of the province of Quebec, in. North Ameriea, and to make
further provision for the government of the said province,' " and by the authority of t^e
same. That the said act of the fiAy-sixth year of his Majesty's reign be, and the same is
hereby continued ; and that the assignee or assignees of the nominee or nominees of the
crown to lands in this province, w^o is or are dead, or who have left this provinoe, before
the passing of this act, may bring their claims for such lands in the same planner that the
assigpea or assignees of the nominee or nominees of the crown were authorized to do, by
the second clause of the before recited act of the forty-eighth year of the reign of his
present Majesty.
II, And be it further enacted by the authority aforesaid, That the following fees shall
be taken and received by the clerk of the commission : for filing each petition, five shillings ;
on hearing the claim, five shillings ; for eadi certificate of allowance thereof, five shillings.
Chapter XIX.
An act to make good certain monies issued and advanced by his excellency the lieutenant
governor J in pursuance of the address of the commons house of assembly^ at (he toH
session of parliament.
[£076 2s. lOd. applied to make good so mueh adTinced by his ezceUency tho Ueote^mat fBomaw, fa pMWwmfa of m
address, to defray the contingent ezpeasef of the two houses of paiiiameat.]
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ajUMFlH PjAUAMXIfT.] C. tD, 21, 88, 98.— FlFTT-lflNTH YSAR OF GsonoB HI. — 1819. 8fi7
CThapter XX.
Jnadto afford reUef to Mner Chapin.
Chapter XXI.
An oHfot the rdief^John Wagstaffy of Niagara, in the diatrict of Niagara, tinsmiths
Chapter XXII.
An act to continue an act paeaed in the forty-second year of his Majesty^ s reign, entitled, ^^ q^ m^ e 4, ma-
^^An act to enable the governor, lieutenant governor, or person administering the tinned for four yc«n^
government of this province, to appoint one or more additional port or ports, place or
places of entry, within this province, and to appoint one or more collectors at the same
rmapecHvefy.^^
Chapter XXIII.
An adfitrther to continue an act passed in the thirty^hird year of his MaJesty^s reign, jBdCM. in, c 12, eon-
entiUedj "iln act to provide for the appointment of returning officers of the several ^J*yJjJJ^*^ii^S5
pomMee urMtii this province.*^ Saetwest •Btofaig
(Co«nHus9 »•« ■!•«» TPABi BT 4kh Gbo. IV, Ch. 2.] tWiionofparliMiwit.
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zed by Google
Fifth Session of the seventh Provineial Parliament.
MET AT YORK, ON THE TWENTY-FIRST DAY OF FEBRUARY, AND PROROGUED ON THE SETEKTB
DAY OF MARCH FOLLOWING, IN THE SIXTIETH YEAR OF THE REIGN OF
GEORGE III.
SIR PEREGRINE MAITLAND, K. C B., LIEUTENANT QOYSRNOR.
Chapter I*
An act to regulate the commercial intercourse between thi$ province and the Unitei
States of America by land and inland navigation.
[Repealed bt 2d Geo. IV, Cb. 1.]
(See 5eth Geo. Ill, e
Preamble.
Coiritiet eoatuningoDe
then send inhabitenU to
be represented by one
mcaiber.
^Vllen they concern
four thousand inhabi-
taiiU, by two members.
Certain towns, when
they contain o >e thoa-
sanJ sottls, shall be re-
presented by one mem-
Prorisions for ascer-
taining the number of
inhabitants.
Whenerer an uniTersi-
ty shall be established
in this proTince, it shaU
be represented by one
member.
By whom such mi
ber may be elected.
Chapter IK
An act to provide for increasing the representation of the commons ofthit province^ i»
the house of assembly.
[Passed Moeh 7, im.l
Whereas from the rapid increase of the population in this province, the representation
thereof in the commons house of assembly is deemed too limited ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the le^sla-
tive council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britaiiv
entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year of his.
Majesty's reign, entitled, 'An act for making more effectual provision for the ^vemment
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That so. much of the
several laws now in force as regulates the number of representatives to serve in the-
provincial parliament, be and the same is hereby repealed.
II. And be it further enacted by the authority itfbresaid, That from and after the end
of the present parliament, each and every county now formed or ommized, or which
shall or may hereafter be formed or organized, the population of which shall amount ta
one thousand souls, shall be represented in the provincial parliament \fy one member, and
when the population of such county or counties, as aforesaid, shall amount to four thousand
souls, the said county or counties shall be represented by two members; and that each
and every town, in which the quarter sessions for the district are or may by law be holden^
and in which there shall be one thousand souls, shall be represented by one member.
III. And be it further enacted by the authority aforesaid. That the population required
to be contained in each and every town or county for the purposes aroremd, aball be-
ascertained by the returns of the several town clerks of the number of soub in the sevenl
towns or townships of this province, certified copies of which returns (he clerk of the
peace of the district in which such town, township, or county shall or may be situafed, k
hereby required to transmit to the office of the governor, lieutenant governor, or person,
administering the government of this province.
IV. And be it further enacted by the authority aforesaid. That whenever an univerri^
shall be organized, and in operation as a seminary of learning in this province, and iik
conformity to the rules and statutes of similar institutions in Great Britain, it shall and
may be lawful for the governor, lieutenant governor, or person administering the govern-
ment of this province for the time being, to declare by proclamation the tract of land
appendant to such university, and whereupon the same is situated, to be a town or towiK
ship, by such name as to him shall seem meet, and that such town or township, so
constituted, shall be represented by one member : Provided always, nevertheless,. That
no person shall be permitted to vote at any such election for a member to represent Ae
said university in parliament, who besides the qualification now by law required, shall
not also be entitled to vote in the convocation of the said university.
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SmfmrvH PAMiAAumar.]
C. 8, 4. — SiXTWTH Ybaa or Oxorob III. — 1820.
V. And be it further enacted by the authority aforesaid, That it shall and maybe lawful
for the govemor, lieutenant governor, or person administering the government of this
proyince^to issue writs of election for members to serve in the commons house of assembly
for such counties and towns, as aforesaid, and for the said university, in like manner as is
provided by the eighteenth clause of an act passed in the 'thirty-first year of his Majesty's
reign, entitled, ^^An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's rei^, entitled, ' An act for making more effectual provision for the govern-
ment ofithe province of Quebec, in North America, and to make further jH-ovision for the
government of the said province.' "
VI. Provided always, and be it further enacted by the authority aforesaid. That nothing
in this act contained shall extend, or be construed to extend, to lessen the number of
members now returned for any county or counties under the authority of any law hereto*
fore in foree in this province, or to make necessary the issuing of any new writ of elec-
tion, during the continuance of any parliament, by reason of the increase of inhabitants
in any town or county since the then last preceding general election.
VII. And be it further enacted by the authority aforesaid, That when any county now
formed, or hereafter to be formed, shall contain less than one thousand souls, the said
county ^or counties shall be attached to the next adjoining county of the district in which
there shall be the smallest number of souls.
VIII. And be it further enacted by the authority aforesaid, That the number of souls
residing in any town, as aforesaid, shall be ascertained and distinguished in the return of
the town clerk of the township in which such town shall be situated, from the number <rf
souls of such township.
IX And be it further enacted by the authority aforesaid. That no person qualified to
vote in any town, as aforesaid, shall be allowed to vote in the county in which such town
is situated, upon the same freehold which may qualify him to vote for a member to repre-
sent the said town.
X. And be it further enacted by the authority aforesaid, That the number of souls
contained in any town which may hereafter elect a member, as aforesaid, shall not be
considered as a part of the number of souls required to give the county in which such
town shall be situated, two members.
GoTcnorto iifnewriti
of election, aa prorided
by Slit Geo. Ill, c SI,
ilS.
This act not to leaMii
the number of membert
now to be returned for
any county, tke.
Nor to make it necet'
•ar^ to issue any new
wnts of election on aC'
count of any increase
of inhabitants since the
last election.
Counties containtna^
less than 1000 souls to
be attached to the next
adjoining county hay-
ing the smallest num-
ber of inhabitants.
Inhabitants of townt
to be distinguished
from tbose of counties
in the returns.
No person qualified to
Tote in a town BhaU be
allowed to vote for the
county in respect of
the same property.
Inhabitants cf towns
sending a member not
to be included among
the inhabitants of coun-
ties, for the purposes of
this act.
Chapter III.
An act granting to his Majesty a sum of money to make good certain mxmies issued
and adiHxnced by his excellency the lieutenant governor^ pursuant to an address of the
house of ossenMyy during its last session.
[TSMPO&ART.]
Chapter IV.
An ad to repeat an act passed in the fifty-uinth year of his Majesty^s reign, entitled,
^^ An act to prevent certain meetings within this promnceJ*'*
[Passed March 7, 1820.]
Whibbsab it is inexpedient to continue an act passed in the fifty-ninth year of his Ma-
jesty's reign, eatitled, " An act to prevent certain meetings within this province ;" be it
therefom enaeted by the King's most excellent Majesty, by and with the advice and con-
sent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's leigny entitled, ^ An act for making more eifectual provision for the
government of the province of Quebec, in North Amenca, and to make further provision
for the government of the said province,' " and by the authority of the same, That the
aforesaid act, and every matter and thmg therein contained, shall be, and the same is
hereby repealedt
Preamble. ^
59th Geo. Ill, seas ion
Ist, c 11, repealed.
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MO
C. 5. — SiXTiSTO Ymam m* GjBOBax III. — 1890.
lf:mmS¥mmi
PTttKtAU.
4lBt Om». Ill, e 7,
Floor packed in bar-
IrcJf, too« branded.
Floor to be merebanta-
ble, and we 11 paeked.
Eaeb eaak to contain
IMilbt.
Floor to be marked ac-
cording to its qoality*
oilier a penalt7%
To be liable to inapec-
tion.
Bzpeofe of inipection.
Pnnifhment for potting
a fklse tare on any floor
cask.
Penalty for coonterfeit-
larbnuidB, or putting
otAAr floor into casks
properly branded. '
Inspectors to weigb
casks of floor, &c.
Penalty if foond light.
laipeetor toSmark floor
inspected by him.
and to alter the maik
denoting its qoaltty, if
incorrect.
Cbairt^ V«
An act to 4Hnend and extend the provirionsof an act pataedinJhe /oHffrfbui pBorj^ hii
Majesty's reign^ entitled^ ^' An act to authorize the governor ^ Keutenani govermmr^ or
person administering the government, to appoint inspectors offtouTi potemd pearl
ashei. within this province.^^
P>aedMarB|i.7,Jf«»;3
Whebeas it is expedient to amend and extend the proYisions of an aet passed in the
forty-first year of his Majesty's reign, entitled, ^^ An act toauthorixe the governor, Hen-
tenant governor, or person administering the government of this provitiee^.to l^^ptlbt
inspectors of flour, pot and pearl ashes, within this province;^' he it ^eiii»ted;by.the
King's most excellent Majesty, by and with the advice and coDaent of theiediiMtFe
council and assembly of the province of Upper Canada, conslatuted and aaaMiofed by
virtue of and under* the authority of an act passed in the padiament of 6r^ Brilaini
entitled, ^^ An act to repeal certain parts of .aa^u^t -paased in the fourteenth jMt of hi4
Majesty's reign, entitled, ' An act for making more effectual provision for the gjovernment
of the province of Quebec, in North America^ and to make further provision fpr ths
government of the said province,' " and by the authority of the same, That from and aft^
the first day of September next, every miller, or manufacturer of flour for sale, within thu
province, shall provide brands or marking irons for the purpose of brandihe i|i^d markii^
flour packed in barrels, on which brands or marking irons shall be expressea the niiiuie of
the mills the flour was packed in, with the words " Cpper Canada,'* the nett weij^t and
tare in figures, and also the words superfine, fine, or fine middlings, as the caae inay be«
II. And be it further enacted by the authority aforesaid. That all wheat flpur manafae^
tured and packed in caska, and branded as aforesaid^ at .any mill in this province^ by, |he
owner of such flour, shall be by such nniler or manufacturer made merchantable and of
due fineness, and shall be honestly and well packed in good and sufficient casks, made of
staves well seasoned, and bound with ten hoops, and the tare marked on the said casL
together with the nett of flour contained in such cask, each cask to contain one hundrea
and ninety-six pounds.
III. And be it further enacted by the authority aforesaid. That on any miller of jnanil*
facturer being required to make flour intended to be of the first quality, on ^acb cask
shall be branded superfine ; and on each cask of flour intended to be of the second quality
shall be branded the word fine ; and on each cask of flour intended to be of tbe third
quality shall be branded the words fine middlings, under the penalty of ten shillings for
each cask : Provided always. That nothing herein contained shall extend, or be construed
to extend, to compel any miller or manufacturer of flour to brand any casks of flour, unless
he shall be satisfied that the flour is of the quality that it is required to be branded or
marked as aforesaid.
IV . And be it further enacted by the authority aforesaid. That all flour paeked in esAs
and branded as aforesaid, and exposed for sale in any of the county towns or villages in
this province, shall be liable to inspection at th^ election of any purchaser, and the expense
of such inspection shall be paid equally by the purchaser and seller, each one half.
V. And be it further enacted by the authority aforesaid, That if any person or persons
shalljput a false or wrong tare on any cask of flour, to defraud any purchaser, the person
so ofiending shall forfeit for every such cask so falsely tared, as aforesaid, the sum of ten
shillings.
VI. And be it further enacted by the authority aforesaid. That any persoli or persons
who shail counterfeit any of the aforesaid brand marks, or brand the same on any eask of
flour, or shall empty any cask of flour branded as aforesaid, in order to pat thereiti other
flour for sale, without first cutting out the said brand marks, the person or persons so
offending shall for every such offence forfeit and pay the sum of twenty shiUiligs.
VII. And be it further enacted by the authority aforesaid, That it shall be Sue duty of
the inspectors, from time to time, to weigh such casks of flour as he or they shall suspect
to be light, and if found not to contain the just and true weight, to mark or brand the
same on the head with the word " light ;" and for every cask of flour so marked, ^^ light,"
the manufacturer thereof shall forfeit and pay the sum of ten shillings.
VIII. And be it further enacted by the authority aforesaid. That on.all caaks of flour
inspected by any of the inspectors aforesaid, the inspector shall brand the initial letters of
his christian name, and his sirname, at full length, together with the name of the district
or place where the same is inspected.
IX. And be it further enacted by the authority aforesaid, That in all cases where the
brands describing the quality of flour shall not in the judgment of the said inspector be
branded according to its respective kinds and qualities, he shall alter the salne, so as to
describe the real quality, according to the true intent and meaning of this act
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•sTfilvra pARLlAMfiirr.]
C. 6, 7. — SixTisTH Yjbar of Gborgk hi, — 1820.
861
X. And be it further enacted by the authority aforesaid, That no person appointed, or
hereaftf^r to be appointed, inspector of flour, shall deal in, buy, barter, or exchange, any
floor by him inspected, under pain of the commission under which he acts, being null and
Toid, except such flour as may be necessary for the consumption of his own family*
X!. And be it further enacted by the authority aforesaid, That all fines, forfeitures, and
penalties, by this act imposed, shall be recoverable with costs, in a summary way, to be
proceeded upon and be examined, heard, and determined by any one or more of his Ma-
jesty's justices of the peace, acting in the district where the ofience shall have been
committed, and in order thereto, it shall and may be lawful to and for any one of his
Majesty's justices of the peace within the district where the offence has been committed,
to summon any person or persons to appear before such justices, as aforesaid, and they are
fully authorized and required, upon the appearance or default of such person or persons
so to be summoned, to examine into the cause of such complaint, and thereupon to pro-
ceed to give judgment ; the one moiety of all fines and forfeitures. When recovered, shall
be paid into the hands of the receiver general, for the use of his Majesty, his heirs and
successors, towards the support of the government of this province, and shall be accounted
for to his Majesty through the commissioners of his Majesty's treasury for the time being,
in such manner and form as his Majesty shall direct, and the other moiety to the persoit
who shall sue for the same.
Intpeefors of flour not
to 4«a io flour.
How finesl Ice. should .
be reeoTered.
and accouQtcd for.
Chapter Vr.
An act to provide for the remuneration of John Beikie, esquire^ for services rendered to
this pi^ovince.
[pjuTATS. — Gn^iag him £200, for his services 9s clerk to the commissiooers, under the 4th Geo. IIF, c ?„}
Chapter VII.
An act to amend and continue, under certain modificationSj an act passed in the fifty-
sixth year of his Majesty"* a reign^ entitled^ ^'^ An act granting to his Majesty a sum of (See4UiGeo.iy,c8.)
money ^ to be applied to the use of common schools throughout this province^ and to
provide for the regulation of the said common schools. ^^
[Passed March 7, 1820.]
Wherkas it is expedient, for the encouragement of education, to continue under certain Preamble.
modifications an act passed in the fifty-sixth year of his Majesty's reign, entitled, " An act
granting to his Majesty a sum of money, to be applied to the use of common schools
throu«:hout this province ;'* be it enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, * Ah act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make farther provision for the government of the said province,' " and by the authority . .
of the same, That the said act of the fifty-sixth year of his Majesty's reign, except the 66th Geo. m,.« 36, con-
first, tenth, twelfth, and so much of the thirteenth clause, as fixes the salary tojbe paid to ^pUoi^ " *"**"
any common school to twenty-five pounds, which is hereby repealed, be and the same is
hereby continued.
11. And be it further enacted by the authority aforesaid, That for the establishment of £2.600 to bcuaid anna-
common schools in each and every district of this province, there shall be annually paid, Ji'^i^f,^"** of camion
during the continuance of this act, the sum of two thousand five hundred pounds, in manner
hereinafter mentioned, out of any monies which are now raised or levied, or which
hereafter may he Raised or levied, by authority of parliament, to and for the uses of this
province, of which said sum of two thousand five hundred pounds, there shall be paid Distribution,
annually to the Home district, two hundred and fifty pounds ; to the district of Newcastle,
two hundred and fifty pounds ; to the Midland district, two hundred and fifty pounds ; to
the Johnstown district, two hundred and fifty pounds ; to the Eastern district, two hundred
and fifty pounds ; to the district of London, two hundred and fifty pounds ; to the district
of Gore, two hundred and fifty pounds; to the Niagara district, [a] two hundred and fifty r«]As to Uie district of
pounds ; to the Western district, two hundred and fifty pounds ; to the district of Ottawa, J^^^J^* »" ^^ ^^
two hundred and fifty pounds. ' ^
ni And be it further enacted by the authority aforesaid, Thaf the monies granted by sums to be eooftUy di-
this act shall be equally portioned to the teachers of the several common schools in each 'Jj^^of^tipJeSiStiiS
and every district of this province,' to be paid to the teachers yearly or half yearly, as may dbtrieu.
be directed by the said trustees : Provided, nevertheless, That nothing herein contained ^ ^
83 Digitized by VriOOglC
C. 7. — SiZTUBTH YsAR OS* Oborgji 111.-^1880.
[Fifth Sbbsioh,
!foMto r»eeiT€ mora
than £12 lOi. per u*
num.
The bowd of tnuteet in
each diftrict maj ap-
point a cleik, who maj
oe paid a ram not ex-
ceMing £6 annnallj.
No warrant to issue to
any district treasurer,
till the sums heretofore
paid have been account-
ed for.
Disposition of balances
in the hands of distiict
treasurers.
(Compensation to the
treasurer. See 2d Geo.
IV, c 24)
How the monies herebir
gnuited are to be paid
and accounted for.
Coatiauaaee of thi* act.
fthall extend, or be construed to extend, to authorize the payment of a greater sum than
twelve pounds ten shillings to the several teachers of the said schools.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the board of education, in each and every district, to nominate and appoint a
clerk to the said board, and direct the treasurer of the district to pay him annually out of
the monies in his hands for the purposes of this act, a sum not exceeding five pounds.
V. And be it further enacted by the authority aforesaid. That any thing in the said act
of the fifty-sixth year of his Majesty's reign notwithstanding, it shall not be lawful for the
governor, lieutenant governor, or person administering the government, to issue any further
warrant on the receiver general, under the provisions of the said act, to any district trea-
surer, until a faithful account shall be rendered, authenticated by proper vouchers aod
attested by the oath of the rejspective treasurers, of the expenditure of the sums already
advanced, or which may hereafter be advanced, on account x>{ their respective districts.
VI. And foe it further enaeted by the authority aforesaid, That when any balances shall
remain in the hands of the treasurer of any district, beyond the. payment of the lawful
requisitions, orders, or certificates, of the trustees respectively, after the first day of Julj
next, it shall and may be lawful for the said treasurer to retain so much thereof, as is
directed to be paid by this act, in any one year, to the district of which he is treasurer, to
carry into effect the provisions of this act, and the balance thereof pay over to his Majesty's
receiver general, for the public uses of this province, on or before the said first day of Julj.
VII. And be it further enacted by the authority aforesaid. That the money herebj
granted to his Majesty, shall be paid by the receiver general, in discharge of such warrant
or warrants as shall for the purpose herein set forth be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for by the receiver general of this province to his Majesty, his heirs and successors,
through the lords commissioners of his treasury for the time being, in such manner and
form as his Majesty, his heirs and successors, shall be graciously pleased to direct
VIII. [Repealed by 4th Geo. IV, c 8.]
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Twa Acts,
PASSED BT BOTH HOUSEi 07 THE LEGISLATURE, IN TtiK FOURTH SESSION OP THE SEVENTH
PROTINCIAX. PARLIAMENT, WHICH BEING RESERVED FOR THE SIGNIFICATION OF HIS
XAISSTT'S pleasure THEREON, RAVE SINCE RECEIVED THE ROTAL ASSENT.
Slk Peaxorivs Maitland, K. C. B., Lixrrfi.^A*fT Gotxrxok.
Auuo Domini 18 19*
(AiMiid«d by ad Gm.
17.)
Petition of •ertain pei^
•OM to to iaeorporated.
CHAPTER XXIV.
An ad to incorporate sundry persons under the style and title of the president, directcrs
and company of the bank of Upper Canada.
[Th« royal assont to tbia act was promalgated by proclamation, bearing date April trrenty-first, in the year of our Lord
ooc thoatand eight hundred and twenty-one, and second of bis Majesty's reign.]
Whchsas the establishment of a bank in the province of Upper Canada will conduce Prwmbu.
to the prosperity and advantage of commerce and agriculture in the said province ; and
whereas William Allan, Robert Charles Home, John Scarlett, Francis Jackson, William
Warren Baldwin, Alexander Legge, Thomas Ridout, Samuel Ridout, D'Arcy Boulton,
junior, William B. Robinson, James Macaulay, Duncan Cameron, Guy-^C, Wood, Robert
Anderson, John Baldwin, and others, by their petitions presented to the legislature, have
prayed for the privilege of being incorporated ; be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' **
and by the authority of the same. That William Allan, Robert Charles Horae, John
Scarlett, Francis Jackson, William Warren Baldwin, Alexander Legge, Thomas Ridout,
Samuel Ridout, D'Arcy Boulton, junior, William B. Robinson, James Macaulay, Duncan
Cameron, Guy C. Wood", Robert Anderson, John Baldwin, and all such persons as here-
after shall become stockholders of the said bank, shall be, and hereby are, ordained,
constituted, and declared to be, frpm time to time, and until the first day of June, which
will be in the year of our Lord one thousand eight hundred and forty-eight, a body cor^ . • r k- k
porate and politic, in fact and in name, of the president, directors and company of the nnderUiTname SfAa
bank of Upper Canada, and that by that name, they and their successors shall and may bank of Upper Canada
have continual succession, and shall be persons in law capable of suing and being sued',
pleading and being impleaded, answering and beinc answered unto, defending and being
defended, in all courts and places whatsoever, in all manner of actions, suits, complaints^
matters, and causes whatsoever, and that they and their successors may have a common
seal, and may change and alter the same at their pleasure ; and also, that they and their
successors, by the same name of the president, directors and company of the bank of
Upper Canada, shall be in law capable of purchasing, holding, and conveying, any estate,
real or personal, for the use of the said corporation.
II. And be it further enacted by the authority aforesaid. That a share in the stock of A«©wit of ea«h »hw*.
the said bank shall be twelve pounds ten shillings, or the equivalent thereof in specie^
and the number of shares shall not exceed sixteen thousand, artd that books of subscrip-
tion shall be opened at the same time in the towns of Kingstoir, Niagara, York, Brockville,
Amhei-stburgh, Ancaster, Vittorfa,. Hamilton, in the district of Newcastle, and Cornwall,
in the Eastern district, within two months after the passing of this act, by such person
or persons, and under ^uch regulations, as the majority of the said petitioners shall direct.
in. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
thii province, .for the time being, to subscribe and hold in the capital stock of the said
bank, for and on behalf of this province, any number of shares therein, not exceeding two
thousand, the amount whereof the said governor, lieutenant governor, or person adminia-«
tering the government of this province for the time being, is hereby authorized^ by a (TI^ 2d and Sd om*
warrant or warrants under his hand and seal, directed to the receiver genefal of this ti«iiam«ded. U—4A
province for the time being, to take out of the unappropriated monies which now remain *^* ' ' *^ T
Digitized by VriOOQlC
Nvmbaroffharea,
Books of tiibaeriptioa
trhere and when to b«
oponed.
The Koyenineikt atitho*
rixoa to subscribe two
thousaad sharea.
264
C. 24. — FirTY-NiNTH Ybar of GiroR^v III. — 1819.
[Fourth Sxmi0M;
No nenon to take in
thenrst instance more
than eighty shares/
Ten per cent, maj be
required ae an iimne-
diate deposit
Remainder poijahle by
instalmenta.
Notice of caBing in in-
•tabnents.
Forfeiture in ease tab-
scription not fMud when
reciuired.
How shares may be
Shares may be required
to any amount by jinr-
chase, after bank is in
operation.
Stock not to exceed
je200,000.
Directors when to be
elected.
(See 2d Geo. lY.eT.)
In what manner.
(SceithGeo.lV,clU
When the bank shall
be opened.
Notice of meeting of
subscribers.
Directors.
President.
Qualifications of direc-
tors.
Election of directors.
or hereafter may remain in the hands of the said receiver general, for the future difiposition
of the parliament of this province.
IV. And be it further enacted by the authority aforesaid, That it shall be lawful fwr any
person, his Majesty's subjects or foreigners, lo subscribe for such and so many shares as
he, she, or they may think fit, not hovyever exceeding in the first instance eighty ; and
that the shares' respectively subscribed shall be payable in gold or silver, that is to say;
ten per centum to be ready as a deposit at the time of subscribing, to be called for by the
directors hereafter appointed by virtue of this act, as soon as they may deem expedient,
and the remainder shall be payable in such instalments as a majority of the stockholders,
at a meeting to be expressly convened for that purpose, shall agree upon: Provided no
instalment shall exceed ten per centum upon the capital stock, or be called for or become
payable in less than sixty days after public notice shall have been given in the Upper
Canada Gazette and Kingston Chronicle, to that effect : Provided always, That if any
stockholder or stockholders, as aforesaid, shall refuse or neglect to pay to the said direc-
tors the instahnent due upon any share or shares held by him, her, or them, at the tinte
required by law so to do, such stockholder or stockholders, as aforesaid, shall forfeit such
shares, as aforesaid, with the amount previously paid thereon, and the said share or shares
may be sold by the said directors, and the sum arising therefrom, together with the amount
previously paid thereon, shall be accounted for and divided in like mapner as other monies
of the bank.
V. Provided also, and it is furtlier enacted by the authority stforesaid, That if the whole
number of shares shall not be subscribed within two months after the said books of sub-
scription shall be opened, then and in such case it shall be lawful for any former subscriber
or subscribers to increase his, her, or their subscriptions, and. Provided further, That if
the total amount of subscriptions within the period aforesaid shall exceed the capital stock
limited by this act, then and in such case the shares of each subscriber or subscribers
above ten shares, shall, as nearly as may be, be proportionably reduced until that the total
nuznber of shares be brought down to the limits above said, and. Provided nevertheless,
That the said limitation in respect to persons subscribing to the said capital stock, shall
r^ot extend, or be construed to extend, to prevent the acquisition of a greater number of
shares by purchase after the said bank shall have commenced its operations.
VI. And be it further enacted by the authority aforesaid. That the whole amount of the
stock" estate and property which the said corporation shall be authorized to hold, including
the capital stock or shares before mentioned, shall never exceed in value two hundred
thousand pounds.
VII. And be it further enacted by the authority aforesaid. That as soon as the sum of
fifty thousand pounds shall have been subscribed, it sliall and may be lawful for such sub-
scribers, or the majority of them, to call a meeting at some place to be named at the seat
of the government of this province, for the purpose of proceeding to the election of the
number ot directors hereinafter mentioned, and such election shall then and there be
liiade by a majority of shares, voted in manner hereinafter prescribed, in respect of the
annual elections of directors, and the persons then and there choi^en shall be the first
directors, and be capable of serving until the expiration of the first Monday in June in
the year of our Lord one thousand eight hundred and twcnty-piie ; and the directors so
chosen shall, as soon as the deposit amounting to tv.enty thousand pounds subscribed, as
aforesaid, shall be paid to the said directors, commence the business and operations of the
said bank : Pibvided always, That no such meeting of the said subscribers shall take
place until a notice is published in all the public newspapers of this province, at the dis-
tance of not less than thirty days from the tiujc of such notification.
VIII. ^\pd be it 0.irther enacted by the authority aforesaid, That the stock, property,
affairs, and concerns of the said corporation, shall be managed and conducted by fifteen
directors, one of whom to be the president, who, excepting as is hereinbefore provided
for, shall hold their offices for one year ; which directors shall be stockholders, and shall
be subjects of his Majesty, residing in this province, and be elected on the first Monday
in June in every yeal, at such time of the day, and at such place at the seat of govern-
ment, as a majority of the directors for the liire being shall appoint, and public notice
shall be given by the said directors in the ujifcreni newspapers printed within the
province, of such time and place, not more than sixty nor less than thirty days previous
to the time of holding the said election, and the said election shall be held and made by
such of the said stockholders of the said bank, as shall attetid for that purpose in their
own proper persons, or by proxy ; and all elections for directors shall be by ballot, and
the fifteen persons who shall have the greatest number of votes at any election shall be
the directors, except as is hereinafter directed ; and if it should happen at any election
that two or more persons have an equal number of votes, in such manner that a greater
number of persons than fifteen shall by plurality of votes appear to be chosen as directors,
then the said stockholders hereinbefore authorized to hold such election, shall proceed to
Digitized by VnOOv IC
SjBTXM^ni Pajujamxnt.]
C. 24, — Firrr-NiNTH Ysar or Gxorgi: III. — 1819.
t65
ballot a second time, and bj plurality of votes determine which of the said persons so
having an equal number of votes shall be the director or directors, so as to complete the
whole number of fifteen ; and the said directors, so soon as may be after the said election,
shall proceed in like manner to elect by ballot one of their number to be their president,
and four of the directors which shall be chosen at any year, excepting the president, shall
be ineligible to the oiBce of director for one year after the expiration of the time for which
they shall be chosen directors ; and in case a greater number than ten of the directors,
exclusive of the president who. served for the last year, shall appear to be elected, then
the election of such person oi* persons above the said number, and who shall have the
kwest votes, shall be considered void, and such other of the stockholders as shall be
eligible, and shall have the next greatest number of votes, shall be considered as elected
in the room of such last described person or persons, and who are hereby declared ineli-
gible as aforesaid ; and the president for the time being shall always be eligible to the
office of director, but stockholders, not residing within the province, shall be ineligible,
and if any director shall move out of the said province, his office shall be considered as
vacant; and if any vacancy or V9cancies should at any time happen among the directors,
by death, resignation, or removal from the said province, such vacancy or vacancies shall
be filled for the remainder of the year in which they may happen, by a special election
for that purpose, to be held in the same manner as is hereinbefore directed respecting
annual elections, at such time and place at the seat of government as the remainder of the
directors, or the major part of them, shall appoint : Provided always, That no person shall
be eligible to be a director who shall not be a stockholder to the amount of at least twenty
shares.
IX. And be it further enacted by the authority aforesaid, That in case it should at any
time happen that an election of directors should not be made on any day when, pursuant
to this act, it ought to have been made, the said corporation shall not for that cause be
deemed to be dissolved, but that it shall and may be lawful on any other day, to hold and
make an election of directors, in such manner as shall have been regulated by the laws
and ordinances of the said corporation.
X. And be it further enacted by tlie authority aforesaid, That each stockholder shall
be entitled to a number of votes, proportioned to the number of shares which he or she
sliall have held in lus or her own name, at least three months prior to the time of voting,
according to the following ratios, that is to say, at the rate of one vote for each share not
exceeding four, five votes for six shares, six votes for eight shares, , seven votes for ten
shares, and one vote for every five shares above ten; stockholders actually resident within
the province of Upper Canada, and none others, may vote in election by proxy : Provided
alnays. That rw) person, co-partnership, or body politic, shall be entitled to more than
fifteen votes at any such election.
XI. And be it further enacted by the authority aforesaid, That it shall be the duty of
the directors to make half yearly dividends of so much of the profits of the said bank, as
to them, or the majority of them,* shall appear advisable, and that once in every three
years, and oftener, if thereunto required by a majority of the votes of the stockholders, to
be given agreeable to the ratios hereinbefore established, at a general meeting to be called
for that purpose, an exact and particular statement of the debt3 which shall have remained
unpaid^ after the expiration of the original credit, for a period of treble the term of that
credit, and of the surplus of profits, if siny, after deducting losse.3 and dividends,
XII. And be it further enacted by the authority aforQsaid, That the directors for the
time being, or a major part of them, shall have power to make and subscribe such rules
and regulations, as to them shall appear needful and proper, touching the management and
disposition of the stock, property, estate, and effects, of the said corporation, and touching
the duO'cG and conduct of the officers, clerks, and servants employed therein, and all such
other matters as appertain to the business of a bank ; and shall also have power to appoint
as many officers, clerks, and servants, for carrying on the said business, and with such
salaries and allowances ap to them shall seem meet, provided that such rules and regula-
tions be not repugnant to the laws of this province.
XIII. And be it further enacted by the authority aforesaid, That the total amount of the
debt3 which the said corporation shall at any time owe, whether by bond, bill, note, or
other contract, over and above the monies then actually dejx)Sited in the bank, shall not
exceed three times the sum of the capital stock subscribed, and actually paid into the bank,
and in case of such excess, the directors, under whose administration it shall happen, shall
be liable for the same, in tlieir natural and private capacities ; but this shall not be con-
strued to exempt the ^aid corporation, or any estate, real or personal, which they may hold
as a body corporate, from being also liable for and chargeable with the said excess ; but
such of the said directors who may have been absent when the said excess was contracted,
or who may have dissented from the said resolution or act whereby tlic same was so con
tracted, may respectively exonerate themselves from being so liable, by giving immediate
Digitized by
Vftcaneiei liow to h%
supplied.
Directon to b^ye «t
least twenty sharei.
Corporation not to be
dissolved by non-elce-
tion of directors on the
proper day.
Who are to rote.
Half yearly diridends
of profiu to be n&ade.
Acconnts to be render-
ed of debts, losses, &c.
Directors may mako
rules,
appoint and pay clerks
and servants.
Debts nerer to exceed
three times the amonnt
of monies actually paid
into the bank.
In case of excess, di-
rectors in whose time
it shall happen shall be
personally liable.
Exceptions.
Google
9M
C. 24. — FirTY-NiNTH Year of GsoRas III. — 1819.
[FOVRTH SRMioy,
The bank to iitue ao
bill ttndtf fire thillingfl.
To ImM no landf , ex-
cept m herein mention-
Not to deal in merehaa-
dixe.
Exception.
Shares may be tram-
fened.
BiUi obUeatoiy and of
credit, oaoer i^ ofthe
bank, made aiii|;nable.
Billior notes negotia-
ble.
Cashier and clerk to
give security.
Ko greater tnteres tthan
six t^r cent.
Directors to hare no
emolument, except the
president.
Scren to form a board.
Bank to be established
at the seat of govera-
' of this prorince.
Branch banks, ma j be
mnthorised by the di-
rectors.
When bank reftfses
payment of their bills.
Its proceedings shall be
closed till payment is
resumed.
notice of the fact, and of their absence or dissent, to the stockholders, at a general meeting
which they shall have power to call for that purpose.
XIV. And be it further enacted by the authority aforesaid, That it shall not be lawful
for the said coloration to issue any note or bill under the value of five shillings, of lawful
money of the province of Upper Canada.
XV. And be it further enacted by the authority aforesaid, That the lands, tenements,
and hereditaments, which it shall be lawful for the said corporation to hold, shall be only
such as shall be requisite for its immediate accommodation, in relation to the convenient
transacting of its business, or such as shall have been bona fide mortgaged to it, by way of
security, or conveyed to it in satisfaction of debts previously contracted in the course of
its dealings, or purchased at sales upon judgments, which shall have been obtained for
such debts, and further the said corporation shall not directly or indirectly deal or trade in
buying or selling any goods, wares, or merchandize, or commodities whatsoever : Provided,
That nothing herein contained shall any wise be construed to hinder the said corporation
from dealing in bonds, bills of exchange, or promissory notes, or in buying or selling
bullion, gold, or silver..
XVI. And be it further enacted by the authority aforesaid. That the shares of the said
capital stock shall be transferable, and may be from time to time transferred by the
respective persons so subscribing the same: Provided always. That such transfer be
entered or registered in a book or books to be kept for that purpose by the directors.
XVII. And be it further enacted by the authority aforesaid, That the bills obligatory
andf of credit, under the seal of said corporation, which shall be made to any person or
persons, shall be assignable by indorsement thereupon, under the hand or hands of such
person or persons, and of his, her, or their assignee or assignees, and so as absolutely to
transfer and vest the property thereof in each and every assignee or assignees successively,
and to enable such assignee or assignees to bring and maintain an action thereupon in his,
her, or their own name or names ; and bills or notes which may be issued by order of the
said corporation, signed by the president, and countersigned by the principal cashier or
trea&urer, promising the payment of money to any person or persons, his, her, or their
order, or to bearer, though not under the seal of the said corporation, shall be binding and
obligatory upon the same in like manner, and with the like force and e£fect, as upon any
private person or persons, if issued by him, her, or them,, in his, her, or their private or
natural capacity or capacities, and shall be assignable or negotiable in like manner as if
they were so issued by such private person or persons.
XVIII. And be it further enacted by the authority aforesaid. That every cashier and
clerk, before he enters into the duties of his oflSce, shall give bond, with two or more
sureties, in such sum as may be satisfactory to the directors, with condition for the faithful
discharge of his duty.
XIX. And be it further enacted by the authority aforesaid. That the said corporation
shall not demand any greater interest on any loan or discount than at the rate of six per
centum per annum. ^
XX. And be it further enacted by the authority aforesaid. That the directors, excepting
the president, shall not be entitled to any emolument for their services, and that seven
directors shall constitute a board for the transaction of business, of whom the president
shall be one, except in the case of sickness or absence, in which case, the directors pre-
sent may choose a chairman for the said meeting.
XXI. And be it further enacted by the authority aforesaid. That the said bank shall be
established, and the buildings necessary for the accommodation thereof erected, purcha-
sed, or leased, and the business thereof at all times hereafter transacted, at such place at
the seat of the government of this province as the directors, or the majority of them may
appoint : Provided always, as soon as it may be deemed expedient, branches of the said
bank, and offices of deposit and discount may be authorized by the said directors, or the
majority of them, in any other part of the said province, under such ruks and regulations
as the said directors, or the major part of them, may think proper, not repugnant to the
general rules of the said corporation.
XXII. And be it further enacted by the authority aforesaid. That if at any time after
the passing of thia act, the said president, directors and company should refuse, on de-
mand being made at their banking house, or any branch or branches hereafter to be
established, during the regular hours of doing business, to redeem in specie, or other
lawful money of this province, their said bills, notes, or other evidences of debt, issued
by the said company, the said president, directors and company shall, on pain of forfeiture
of their charter, wholly discontinue and close their said banking operations, either by way
of discount or otherwise, until such time as the president, directors and company shall
resume the redemption of their hills, notes, or other evidences of debt, in specie or other
lawful money of this province.
Digitized by
Google
Sbtbwtm Parliamknt.]
C. 85. — ^FiFTT-ifiirrH Ybab of Gsoros lil. — 1819.
fCT
XXIII. And be it further enacted by the authority aforesaid, That it shall and may be
the duty of the president and cashier of the said bank for the time being, to make a return
under oath to the provincial parliament, once in each year, if required either by the
legislative council or house of assembly, which return shall contain a full and true account
of the funds and property of the said bank, the amount of its capital stock subscribed and
paid, the amount of debts due to and from the said bank, the amount of the bills and
notes emitted by the said bank in circulation, and the amount of specie in the said bank,
at the time of making such return.
XXIV. And be it further enacted by the authority aforesaid. That this act be, and is
hereby declared to be, a public act, an^ that the same may be construed as such in his
Majesty's courts in this province.
XXV. And be it further enacted by the authority aforesaid, That this present act of
incorporation shall in no wise be forfeited by any non-user, at any time before the first
day of January one thousand eight hundred and twenty-two.
Annual retnns, if r»-
quired to be nude to
the legulatnne, bf thm
pretident and cashier.
Thia act to be
a pablie act
Non-Qter before fint
January, 1822, not to
occasion forfeiture of
charter.
CHAPTER XXV.
An ad to prevent the abatement of any action against a joint obligor^ contractor^ or
partner^ on account of the other joint parties not being made defendants.
[Tbe royal assent to this act was pmmnl^ated by proclamation, bearing date April twenty-first, in the year of our Lord
one thousand ei^t hundred and twenty-one, and second of his Majesty's reign.]
Whersas by law, the several defendants named in any civil suit or action, must be
personally served with process ; and whereas by law, if any joint obligor, contractor, or
partner, be sued in any action without naming the other joint obligors, contractors, or part-
ners, the defendant may plead the same in abatement of such action, to the great delay of
justice in such cases, where one or more joint obligors, contractors, or partners, reside out
of the jurisdiction of the courts of this province, and cannot be served with process ; for
remedy whereof, be it therefore enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making more
effectual provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority of
the same, That in any action to be brought in this province against any joint obligor,
contractor, or partner, the action shall not abate for or on account of any joint obligor,
contractor, or partner, not being made defendant, unless the party pleading such matter
in abatement shall shew to the court that such joint obligor, contractor, or partner, is
living within the jurisdiction of the court, so to be served with its process, conformably
to law.
II. And be it further enacted by the authority aforesaid. That the joint obligation, con-
tract, or promise, may be given in evidence against any one or more of the joint obligors,
contractors, or partners, and have the same force and effect as to any judgment or execu-
tion thereon, as if the same was the sole obligation, contract, or promise, of the defendant,
any law, usage, or custom, to the contrary notwithstanding.
III. And be it further enacted by the authority aforesaid. That for satisfaction of any
judgment against one or more of several joint obligors, contractors, or partners, no execu-
tion shall issue until the bond, obligation, or other written evidence on which judgment
shall be had, be first filed with the record of the said judgment.
Preamble.
No aetion to abate by
reason tbat any one or
more of several joint
contractors «re not
made defeiidants,iinliae
the party
pleading in
shaU sEew
that the joint eoBtn«-
tor not named is witUa
the jnrisdiction of the
conxt.
Joint obligation, con-
tract, or premise may
be giren m eridence ••
gainst any one or mora
of the joint contraetori,
partners, &c. as if it
were a sole obligation.
No ezeention to issae
upon a judgment against
one of sereral joint
ohlisnrs, until the joiHt
bond, contract, Ac b^
filed in court.
Digiti
zed by Google
First Session of tlie cig^litli Provincial Parliament.
MET AT YORK, ON THE THIRTY-FIRST DAY OP JANUARY, AND PROROGUED DM THE
FOURTEENTH DAY OF FEBRUARY FOLLOWING, IN THE SECOND YEAR OF
THE REIGN OF GEORGE IV.
SIR PEREGRINE MAITLAND, K. C. B., LIEUTENANT GOVERNOR.
Anno Domini XSHU
Chapter I.
An act to repeal an act passed in the first year of his Majesiy^s reign^ entitled^ " An ad
to regulate the commercial intercourse between this province and the Untied States of
America^ by land and inland namgation^^^ and further to regulate the trade bdwem
this province and the United States of America^ by land and inland navigation.
[ExprRED. SsE 4th Geo. IV, Ch. 1.]
(Amended by 2d G^o.
IV, cl: Farther amen-
ded by 4th Geo. IV, c
9.)
59th Geo. Ill, leision
2, c 18, recited.
and repealed.
The ipoTemor, &c. may
appoint fiye conunis-
•loqera, (two with the
president to be k quo-
rum,) to explore, aur-
yey, and level the most
practicable routes for
canaU between lake
Erie and the eastern
extremity of the pro-
Tince.
^Hm oommiaeiooerf to
appoint a presideatud
•ecntary.
Meetings to be called
by the president.
Adjonmments to be at
the discretion of the
board.
Commissioners may
employ agents, eftgi-
neers, snnreyors, &c.
and pay them.
Datiei of the eommis-
•ionart.
Chapter II,
Ah act to make provision for the improvement of the internal navigation of this province.
[Passed April 14, 182L]
Wh£r£as an act was passed in the fifty-ninth year of his late Majesty's reign, entitled,
" An act granting to his Majesty a sum of money for the survey of the waters of the St.
Lawrence, and Tor other purposes therein mentioned ;" and whereas it is expedient to
provide means for ascertaining the practicability of improving tile internal bommunications
of the province by inland navigation ; and also for procuring plans and estimates of the
expense necessary to be incurred for that purpose, and also to repeal the said act ; be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ' An act for making more effectual provision for the government
of the province of Quebec, in North America, an(} to make further provision for the govern-
ment of the said province,' " and by the authority of the same, That the said first recited
act shall be, and the same is hereby repealed. -
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this
!)rovince, to appoint five commissioners, two of whom with the presidetit to be a quorum,
or the purpose of exploring, surveying, and levelling the most practicable routes, for
opening a communication by canals and locks between lake Erie and the eastern boundary
of this province.
III. And be it further enacted by the authority aforesaid. That the said commissioners
shall choose one of their number to be president of their board, and shall appoint a fit
person to be secretary, who shall be allowed and paid such salary as the said commissioners
shall deem proper and reasonable ; and the president of the said board of commissioners
shall have powgr to call a meeting of the same, whenever in his opinion the public interests <
require it ; and the said board may adjourn from time to time, to meet at any time and
place they may deem most conducive to the public good ; and further the said conmiis-
sioners shall have power to employ such and so many agents, engineers, surveyors,
draftsmen, and other persons, as in their opinion may be necessary to enable them to fulfil
and discharge the duties imposed upon them by this act, and to allow and pay the said
agents, engineers, surveyors, draftsmen, and other persons, for their respective services,
such sum or sums as may be adequate and reasonable.
IV. And be it further enacted by the authority aforesaid, That it shall be the duty of
the said commissibners, as soon as may be after the passiiig of this act, to cause those parts
of this province which may lie upon or be contiguous to the probable courses and ranges
of the said canals, to be explored and examined for the purpose of fixing and determining
the most eligible and proper routes for the same ; and to cause all necessary surveys and
levels to be taken, and accurate maps^ field books, and drafts thereof, to be made, and
Digitized by VnUU^ IC
ExaffCH Pab^liabcsnt.]
C. S. SsCOIfD YXAR OP GSOROE IV, — 1821.
269
further to adopt and recommend proper plans for the construction of and formation of th^
said canals, and of the locks, dams, embankments,' tunnels, and aqueducts, which may be
necessary for the completion of the same ; and to cause all necessary plans, drafts, and
models thereof to be executed under their direction, and also to devise ways and means
for completing the ssdd canals.
V. And be it further enacted by the authority aforesaid, That it shall be the duty of
the said commissioners to make, or cause to be made, with as much accuracy and minute-
ness as ma^ be, calculations and estimates of the sum dr sums of money which will be
necessary for completing the said canals, according to the plan or plans adopted and recom-
mended by them for the construction ot formation of the same ; and to cause the said
calculations and estimates, and all surveys, maps, field books, plans, drafts, and models
authorized and directed by this act, or so many thereof as may be Completed, together
with a plain and comprehensive report of all their proceedings under and by virtue of this
act, to be transmitted to the governor, lieutenant govefnoi', or person administering the
government of this province, to be laid before the provincial parliament, within twenty
days after the session which will be in the jeht of our Lord one thousand eight hundred
and twenty-lwo*
VI. And be it further enacted by the authority aforesaid^ That it shall and may be lawful
for the governor, lieutenant governor, of person administering the government of this
province, from time to time, during the continuance of this act, to issue his warrant to the
receiver general, in favor of the said commissioners, for such sum or sums of money, not
etceeding in the whole the sum of two thousand pounds, currency, to enable them to pay
the necessary expenses to be incurred in carrying into efifect the provisions of this act,
which sum or sums of money shall be paid out oi any monies now in the hands of, or which
may hereafter come into the hands of, the receiver general, and unappropriated, and shall
be accounted for to his Majesty through the lords commissioners of his treasury, for the^-
time being, in such manner and form as his Majesty, his heirs and successors, shall be
graciously pleased to direct : Provided always. That an account in detail of all monies paid
under the authority of this act, be transmitted to be laid before the commons house of
assembly, at the then next ensuing session of parliament, and, Provided also, that so much
of the said sum as shall remain unexpended shall be subject to the future disposition of
parliament.
VII. And be it further enacted by the authority aforesaid. That this act shall continue
and be in force for the space of three years, and no longer.
Pkuui Imd etiimatet t6
be made, which togeth'
er with all ikuu»s, field
books, &c. «c. th«
cpmmifl/iioD^n thall
tranixnit to the ^remor
&c. accompanied by a
report of all their priO'
oeedfngs, to be laid b^
fore the provincial par^
liAmeilt within twenty
days after their tefsion
in 1822.
(8«e4ChGeo.iy,c9.)
Goremor to imae hit
Warrant in favor of tha
commisiionersjfor cuch
«um> of mone}' not eJc*
cetding in the whole
i;2U00, as shall be rc<
quired to defray th«
expenses of carrying
this act into effect, to
be Hccovnted for to the
lords commissioners of
his Majesty's treasury.
Accodnt in detail to be
Ia.d before the house of
assembly at their next
session, and the amount
une^Tpcnded to be sub'
jtect to the future dispo*
sition of parliament.
Continuance of this mdx
(Continited by 4th Gcoi
IV, c 16.)
Preambll.
Chapter III.
An ad to repeal part of an act pa^ed in the thirty-eighth year qf his taie Maiesty^s reig^i^
entitledy ^^An act for the better division of this province^^^ and to makefurtner provision
for the division of the same into covmties and districts.
[Passed April 14, 1821.1
Wr£rIbas it is expedient to provide by law for the better division of the several town*
ships in this province into counties and districts ; be it therefore enacted by the King^s
fiiost excellent Majesty, by and with the advice and consent of the le^slative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in tne parliament of Great Britain, entitled,
" An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, * An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province^' '* and by the authority of the same. That the twenty-third section
of an act of the parliament of this province, passed in the thirty-eighth year of his late
Majesty's reign, entitled, " An act for the better division of this province," be, and the
same is hereby repealed.
II. And be it further enacted by the authority aforesaid. That a tract of land in the
Eastern district, adjoining to the townships of Charlottenburgh and iCenyon, lately owned
by the St. Regis Indians, shall be attached to the said townships in the following manner,
that is to say ; so much of the said tract as adjoins the township of Chariottenbur^h shall Ke^'^*"''"'*^^ •—
constitute and form a part of the said township ; and that the remainder of the said tract
shall constitute and form a part of the township of Kenyon.
in. [Repealed by 4th Geo. IV, c 5.} Cmmty ofCwAtott.
IV. Provided always, and be it further enacted by the authority aforesaid, That it shall
and may be lawful for the governor, lieutenant governor, or person administering the ^^ ^^^^'^^^^
Sivernment, and he is hereby authorized to declare by proclamation, as soon as he may tSnk fit'to°deciMeby
ink fit, the said county of Carlton to be a separate district, by such name as to the proclamation, the conn*
«. . '^ t • • ^ • . ai_ X /"-..i-* • ty of Carlton to be a
goTemor^ lieutenant governor, or person administjBniig the government of this province, ■cpanrte district, under ^T^
34 Digitized by VnOOQlC
2Sd A^ctjoA of 3Sth
Geo. Ill, repealed.
A certain tnet in the
fiadfWm district attach*
ed to the townships of
870
C. 3. — SXOOVD TxAJt OF GSOKOB IV. — 1821.
[FxttST Smsioify
eertain restrietiont and
modificatlonf.
(See ad Geo. iy,e2.)
Certain newtowoabipa
in the Midland diatrict
attached to the county
of Fronteoao;
to the county of Lennox
and Addinf^ton;
to the county of Hai-
tingt.
New townshipa in the
district of Kewcaitle
to be attached to the
county of Northumber-
land;
to the eounty of Dur-
ham.
New townahipe in the
Home distrtet'to be at-
tached to
the eaat riding of the
eounty of York;
to the weat riding.
County of Simooot how
eonititttted.
County of Simcoe may
be declared by the
governor to be a sepa-
rate diatrict, under the
tame restrictiona aa
the county of Carlton.
Newtownahipa attach-
ed to theeounty of Hal-
ton.
Certain gorea of landa
attached to the town-
•hips of Beverly and
Dumfriea respectively.
The gore attached to
Burfoid to form a new
township, ealled the
town&hip of Oakland,
which with Niasouri
and Zora shall be ad-
ded to the county of
Oxford.
New townshipa attaeh-
ed to the county of
Middlesex.
Certain gorea of land
attached to the town-
shijM of Norwich and
Dorchester respective-
Certain new townships
attached to the eounty
of Kent.
maj seem meet : Provided also, That nothing in this act contained shall be constraed to
affect the jurisdiction of his Majesty's court of king's bench in this province, or to make it
necessary or lawful to issue any commission of oyer and terminer and general gaol delivery,
and commission of assize and nisi prius, for the said district, or to affect the jurisdiction of
the courts of general quarter sessions of the peace, or district court, within the present
limits of the district of Johnstown, until provision be made by law to that effect.
V. And be it further enacted J)y the authority aforesaid. That the following townshipi
in the Midland district shall be attached to, and be incorporated with the counties herein-
after mentioned, in the manner following, that is to say ; the townships of Oso, Olden, and
Kennebec, to the county of Frontenac ; the township of Kaledar, to the counties of Lennox
and Addington ; and the townships of Elzever, Madoc, and Marmora, ^to the county of
Hastings.
VI. And be it further enacted by the authority aforesaid. That the unattached townships
in the Newca^Stle district shall be incorporated in manner aforesaid, with the counties
in the said district, as follows, that is to say ; the townships of Asphodel, Otanabee, Mona-
ghan, and Smith, to be attached to the county of Northumberland, add the townships of
Cavan, Manvers, Cartwright, Emily, Ops, and Mariposa, to the county of Durham.
VII. And be it further enacted by the authority aforesaid. That the unattached townships
in the Home district shall be incorporated in manner aforesaid with the counties in the said
Home district as follows, that is to say ; the townships of Reach, Brock, Scott, and
Georgiana, shall be attached to the east riding of the county of York ; and that hereafter
the following townships, to wit, Chinguacousy, Caledon, Albion, and the gore of Toronto,
be added to the west riding of York ; and that the following townships shall constitute and
form the county of Simcoe, namely ; West GwiUimbury, Tecumsetfa, Adjala, Mono, Ama-
ranth, Luther, Proton, Melancthon, Mulmar, Tosorontio, Essa, Innisfiil, Oro, Vespra,
Sunnidale, Flos, Medonta, Aurelia, Merlin, Osprey, Artemisia, Alba, Java, Tina, Tay,
Euphrasy, Zero, Matchedash, Thora, Mara, and Ramah.
VIII. Provided, That it shall and may be lawful for the governor, lieutenant governor,
or person administering the government, and he is herbey authorized to declare by procla-
mation, the said county of Simcoe to be a separate district, by such name as to the
governor, lieutenant governor, or person administering the government of this province,
may seem meet, under the same provisions, limitations, and restrictions, as are hereinbefore
provided for the county of Carlton.
iX. And be it further enacted by the authority aforesaid. That the following townships,
to wit, Esquesiog, Erin, Nasagaweya, Eramosa, Garafraxa, and the church land, be
annexed to the county of Halton.
X. And be it further enacted by the authority aforesaid. That the gore of land in the
district of Gore, lying between the townships of Beverly and Dumfries, be attached to the
township of Beverly, and the gore lying between Dumfries and Dundas street, be attached
to Dumfries.
XI. And be it further enacted by the authority aforesaid. That the gore of land attached
to the township of Burford, be formed into a separate township, by the name of the town-
ship of Oakland, and that the said township of Oakland and the townships of Nissouri and
Zora, be added to the county of Oxford, and that hereafter the townships of Moza, Ecfrid,
Carradoc, and Lobo, be added to the county of Middlesex, also that a gore of land on the
east side of the township of Norwich, be attached to that township, and a gore of land on
the east of the township of Dorchester, be attached to the said township^
XII. And be it further enacted by the authority aforesaid. That the following new
tonwships in the Western district be attached to the county of Kent, namely, the townshijis
of Zone, Dawn, Sombrai and Saint Clair,
Digitized by
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EiGHTB PABi.uaaBifT.] C. 4.— SxcpiTD YsAH OF Ososos iV.— 1831.
271
Oiapter IV. .
An act to repeal an aeipassed in the fifty-fifth year of his late Majesty^ $ reign^ entitled^ " An
act to explain and amend an act passed in the fifly4hird year of his Majesty^s reign^
etitiUedj ^An act to provide for the maintenance of persons disabled ^ and the uHdows and
children of such persons as may be kiUedy in his Majesty'* s serviccy^ " and also an act
passed in the fifty-sixth year of his bxte MaJesty^s reign, entitled^ " An act to repeal
pari of and to alter and ainend the laws now in force for granting pensions to persons
disabled in the service^ and the widows and children of persons who may have been
killed in the service^ and to extend the provisions of the same,*^ and an act passed in
the fifty-seventh year of his late Majesty^s rdgn, entttledj ** An act to repeal part of and
amend an act passed in the fifty-sixth year of his Majesty^ s reign, entitled, * An act to
repeal part of and alter and amend the laws now in force for granting pensions to
pefsons disabled in the service, and the widows and children of persons who may have
been kiUed in the service, and to extend the provisions of the same,^ and to make pro-
vision for granting pensions to persons disabled in the service, and to the toidows and
children of persons who may have been killed in the service, or who may have died
while in captivity with the enemy, during the late war with the United Slates of
America,^^
(Faffed April 14, 1821.]
Whxrka9 by a certain act of tke parliament of this province, passed in the fiftj-sixth pretniWe.
year of his late Majesty's reign, entitled, ^^ An act to repeal part of and to alter and amend Mti> Geo/iii, c 17, re*
the laws now in force for granting pensions to persons disabled in the service^ and the *^'**^*
widows and.children of persons who may have been killed in the service, and to extend
the provisions of the same," the classes of militia pensioners were greatly increased, so
that the public revenue has been found wholly unable to bear the charge thereby incurred ;
and whereas the said act being limited in its duration is now about to expire, and it is
become necessary to confine the militia pensions, with the exceptions hereinafter mentioned,
to the objects provided for by the laws of this province passed during the late war, and to
provide for such investigation of the claims of the diilerent pensioners, as may prevent,
further loss tx) the revenue, from any misrepresentation or deceit which may have been
practised; be it therefore enacted by the Kind's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^' An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and .
to makp further provision for the government of the said province,' " and by the authority
of the same. That the act of the parliament of this province passed in the fifty-fifth year of qJJJ ?ff c"? tiSeTth
the reign of his late Majesty King George the Third, entitled, ^^An act to explain and Geo. iii|c 5, repealed,
amend an act passed in the fifty-titird year of his Majesty's reign, entitled, ^ An act to
provide for the maintenance of persons disabled, and the widows and children of such
persons as may be killed, in his Majesty's service,' " and also the act of the parliament of
this province passed in the fifty-sixth year of. his late Majesty's reign, entitled, " An act
to repeal part of and to alter and amend the laws now in foi'ce for granting pensions to
persons disabled in the service, and the widows and children of persons who may have
been killed in the service, and to extend the provisions of the same," and also the act of
the parliament of this province passed in the fifty-seventh year of hb said late Majesty's
reigD, entitled, " An act to repeal part of and amend an act passed in the fifty-sixth year
of his Majesty's reign, entitled, ^ An act to repeal part of and to alter and amend the
laws now in foree for granting pensions to.persons disabled in the service, and the widows
and children of persons who may have been killed in the service, and to extend the pro-
visions of the same,'" shall be, and the same are hereby repealed.
II. And be it further enacted by the authority aforesaid. That the pensions of all and
every person and persons, who have been placed pn the militia pension list of this province,
under the provisions of any act of the parliament thereof, passed since the fifty-third year,
of the reign of his said late Majesty, and who could not by a certain act of the. parliament
of this province passed in the said fifty-third year of his said late Majesty's reign, entitled,
^' An act to provide for the maintenance of persons disabled, and the widows and children
of such persons as maybe killed, in his Majesty's service," have been entitled to be placed
upon the pension list of this province, shall cease, and be no further payable after the
period of the payment of the same respectively, that shall arrive next after the passing of
this act : Provided always, nevertheless. That the widows now on the pension list, whose
husbands died in captivity with the enemy during the late war, shall and may continue to
receive their pensions in the same manner as if their husbands had been killed in action
with the enemy. '»•" <*• -wi-j* j
Digitized by VniJOQ IC
All penfionf to eeftf*
which are not nithor-
ixed by 6Sd Geo. lU,
c4.
Exception of f neh pen-
fionf af are now paid
to widowf whofo nil*'
bandf died in ewstiritir
wilhtbaaBcmyT
S72
All applicatloBJ to be
f»lacea on the pensinn
iit mustbe ma(£e with'
in twelve months from
the passing; of t^i^ A<^t.
Inspectors of militia
pensioners appointed,
two of whom are to at-
tend in each district,
for the purpose of ex-
amining an such as
claim pensions on the
mnnd of incapacity
tor hard khor.
Period, of risitatipn.
Plaeea at whioh the
iBspecton are to attend
Notioeo^ Uieir sittings.
Ko^inal list of pen-
sioners to be fuirnished
to the Inspectors by
the pensjpn agent.
Inspectors ma^ exa-
mine each pensioner^on
oath, as to the circum-
stances of his wound,
injury, &C;_
If they deem him enti-.
tied to a pension, they
are to give him a cer-.
tificate to that effect.
In case the two inspec-
tors disagree in opinion
respecting any paiticu-
lar case, such ease shall
be decided by the
opinion, on personal,
examination, of some
person duly authorized
to practise physic uid
surgery, to be called in
lor that piupose. .
Inspectors shall keep a
recor«> of their \}Ti^
ceedings, and depAsit
the same with the pen-
sion agent. '
Persons reported by
them not to be incapa-
citated shall .receive
only the arrears due
them, and be struck off
the list.
Persons may appeal
from the decision of
the inspectors to the
medicaf board ^X Tork.
C. 4. — S|KX>NP YSAR OF GSORGX iV.^— 1821.
[Fner Sasfiiaiv,
Fee to secretary
medical board.
of
After the inspectors,
have made their report,
no pension shall be
paid to any person
who oueht to have pre-
sented nimself for ex-
aminati^n» unless he
has done so, and been
admitted by the in-
spectors ;
or until avch pensionef
III. 'And b© it further enacted by the authority aforesaid, That no person shall be
placed upon the militia pension list of this province by reason of any claim now existing,
unless such person shall make his application within twelve months from the passing of
this act, and that the pension of any person who may be placed upon the pension list of
this province, by reason of ai^ such claim, shall be payablcj and take date, only from the
time of his application.
lY, And be it further enacted by the authority aforesaid, Thgtt itshaH and may be lavHid
for the governor, lieuteijant governor^ or person administering the government of this
province, to appoint any two or more naembers of the medical boai:d of this province^ for
the time being, to be inspectors of militia pensioners, now placed, or hereafter to be placed,
on the pension list of this province, op the ground of incapacity to earn their living by hard
labor in consequence of wounds or casual injuries received on service during the late war,
and that two of the inspectors so appointed shall between the first day of May and the
first day of November, next aft^r the passing of this apt, attend on two successive d^ays at.
Cornwall, brockville, Kingston, Hamilton, in the district of Newcastle, Hamilton, in th^
district of Gore, Niagara, Vittoria, and Sandwich, for the purpose pf inspecting such of
tlie said pensioners as shall present themselves for their inspection, and that notice of the
time and place of the sitting of such inspectors, at each of the said places respectively,
shall be published at least two njonths before, such sitting in the Upper Canada Gazette,^
and also put up at least fynn \y^Qks before such sitting at the door of the eourt house, oi;
place where the quarter sessions in each district are usually holden.
V. And be it further enacted by the authority aforesaid. That the said inspectors shaB
examine all such pensioners as shall present themselves at the times and places so to be
appointed, of which pensioners a nominal list shall be furnished to the said insoectors by
the pension agent of this province, and that the said inspectors, or either of uiem, may
administer an oath to any such pensioner as aforesaid, and take his affidavit Jn writing
upon any matter relative to the wound or injury stated by him to have been received on
aclual service during the war, the <jirQumstances under which, it. was received, tb^ duty
he was upon, and the nature and extent of the wgund or injury ; aijd if it sh^ appear to
the said inspectors, upon due examination and personal inspection, that such pensioner is
at the time of such examination, so disabled ffom the wound or injury stated by him to
have been received on actual service during the late war, as to be incapable ol earning
his livelihood, the said inspectors shall give to such pensioner a certificate wilder their
hands to that eflect : Proyiaed always. That in pase of any difference of opinion between
the said inspectors, as to the propriety of granting such certifi^cate in any particular case,
the same shall and may be decided by the opinion on personal examination and inspectiop
of any person duly authorized to practise physic or surgery within this province, who
may be called in by the said inspectors for that purpose.
VL And be it further enacted' by the authority aforesaid. That the saiid inspectors shaB
keep a record in writing of all their proceedings, and» shall deposit the same in the faand^
of the general agent for militia pensions, and that all such pensioners as shall be report.ed
by the said commissioners, in manner aforesaid, not to be so incapacitated as to entitle
them to a pension according to law, shall, fjom the time of such report, being received bj
the pension agent, be struck off the pension list of this province, and shall receive nothing
more than the arrearages that may l^e duq him on acQount of his pension, up to the tim.^
of his examination before such inspectors.
VII. Provided always, nevertheless, That it shall, be in the power of any person who-
may think himself aggrieved by the report of such inspectors, to present himself per;
sonally, at any time within two years thereafter, before the medical board at York., at any
of" their appointed sittings, and if it shall appear to such board, on re\^sing the report and
proceedings on the examination of such pensioner by the inspectors ^s aforesaid, and on
personal examination, that he is entitled by reason of bis disability to be placed upon the
pension list of this province, it shall and may be lawful for the secretary of the said board,
under their direction, to give such pensioner a certificate to that effect, for which he shall;
be authorized to receive a fee of five shillings, and upon production of such certificate to
the pension agent of this province, it shall and may be lawful for such agent to replace
the name. of such pensioner u^on the list, and to pay him all arrearages of pensions, as if
he had never been sk-uck' off.
VIII. And be it further enacted by the authority aforesaid. That after the report of the.
inspectors so to be appointed shall have been received by the pension agent, such agent
shall, pay no pension to or on account of any person, who by this act ought to have
presented himscK to such inspectors, unless he has so presented himself, and beeii
recommended by them to be continued on the list; but that' all payment of such pension
shall be suspended, until such pensioner shall have appeared personally before the medical
board at York, and obtained their certificate in the same manner, and on payment of the
same fee, as is hereinbefore provided in the case of appeal to th« 'said board, and if such
Digitized by VniJOVJ IC
EmBTH PlJIMAyWffT.]
C. 4. SSCOND YSAR OF GSOROE IV. — 1821.
pension shall for default of such appearance and certificate remain suspended for two
years, all arrean ^rom the time of such suspension shall cease, and in case of the restitu-
tion of such pensioner to the list, hi9 pension shall be payable only from the time of his
restitution.
IX. And be it further enacted by the authority aforesaid. That the inspectors appointed
under this act shall be entitled to receive the sum of two guineas per day for every day
they shall be necessarily employed in the execution of this act, and one guipea per day
for their travelling expenses, to be paid by warrant of the governor, lieutenant governor^
or person administering the government of this province.
X. And be it further enacted by the authority aforesaid, That if any person shall wil-
fully forswear himself in any oatJx takep by virtue of this act, he shall be deemed guilty
of wilful and oorrupt perjm^..
?J. [Repealed by 7th Geo. IV, c ft]
873
•hall I111T6 ofatalaed Um
certificate of the mtdie
cal beard, by attendipg
personally at their fit-
ting.
If pension remains sus-
pended for two years,
all arrears from tuce of
suspension shall ceaae,
ana the pensioner, if
restored, shall be paid
only from hie re«ut«i-
tion.
Remuneration to ij^
spectors^
False
cases where oaths aM
rjcquired by this act,
made perjury.
Pension acent to con-
tinue ia office.
New security to be en-
tered mto.
Salary and allowances.
Future appointment^
in case of vacancy.
Pensions to be paid in
advance every fix
monthf.
Pension a^ent to give
notice of his readinesf
to pSy the pene ions.
Persons not datmiog
Pensions to be paid
without deduetioos.
XII. And be it further enacted by the authority aforesaid, That the amount due upon
alt such pensions, as aforesaid, shall be paid in advance every six months by the receiver
general to such agent, as aforesaid, in discharge of any warrant or warrants which shall
tor that purpose be issued by the governor, lieutenant governor, or person administering
the government of this province.
XIII. And be it further enacted by the authority aforesaid, That when and so often as
such agent shall have received the amount of such pension or pensions, he shall insert a
notice thereof in the York Gazette, for three months immediately after such receipt, and
that any person or persons not appearing personally or by agent to claim the amount of within 'two* yean to
pension due him, her, or them, within two years after such notice, shall receive no arrears, ^<*«* arrears,
unless heean prove himself to have been resident out of this province during one half of Exception.
the said period.
XIV. And be it further enacted by the authority aforesaid, That on the receipt of such
pension or pensions, as aforesaid, by the said agent,, he shall, and he is hereby required
so to do,^ pay the full amount of all such pensions, without any deductions, to such per-
son or persons as may be entitled to claim the same, or to his, her, or their agent or agents,
representative or representatives, guardian or guardians, executors or administrators.
XV. And be it further enacted by the authority aforesaid, That each and every person
or persons whose names may have already been, or who may hereafter be, inserted on
the pension list of this province, shall, as soon after the first day of July and first day of
January in each and every year as may be convenient, transmit to the said agent an
affidavit as the case may require, in the following forms :>
"I, A. B., of in the district of late in the regiment of militia, do.
solemnly swear that I am the person whose name has been heretofore inserted in the
pension list of this province."
"1, 6. H., of in the district do solemnly swear that I am the widow of A.
B., tfho died of wounds received in action with the enemy, [or who was killed in action
with the enemy."]"
" f, G. HL, do solemnly swear that I am the widow of A. B., who was killed by casualty
while on duty in actuah service during the late war."
" I, A. B., [guardian, executor, or administrator, as the case may be,] do solemnly swear,
that. I verily beKeve that J. H. is the youngest son [or daughter] of G., who was killed
in action with the enemy [or who died from wounds received in action,] [or who was
killed; by casualty on actual service during the late war,] and that the said J. 11. is not
sixteen years of age."
"I^ G;.D., senior oflScer of the regiment of militia [as the case maybe] do
hereby certify, that C. D., the widow of A. B., who was killed in action during the late
war with the United States of America, [or wounded and died in consequence, or was
killed by casualty while performing duty on actual service, as the case may be,] is still
h'ving and unmarried."
Which affidavit and certificate, with the receipt of such pensioner or pensioners, guardian
or guardians, agent or agents, executors or administrators, shall be taken and allowed to
be a sufficient voucher for the payment of such pension or pensions, as aforesaid.
Forms of aifidayits and
certificates to be trans-
mitted by pensioners.
Digitized by
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S74
Pwsoai elAimiof heM-
After to be pbeeacm the
peciiim list byreeeon
td woands, &c. mast
Appear and be examined
by the medical board,
and obtain their certifi-
eates.
Moniea paid andef thia
act to be accoanted for
tohis^^jestj.
Oathatobe taken un-
der thia act, by whom
to be admiaistered.
Persons lenring in pro-
rincial artiUeiy dri-
Ten. colored corpa,
employed with the In-
diaat, or in the late pro-
Tincial nttDne, to be
Agent to render ae*
eouit
All pensions for disabil-
ity by woonds, &c. to
be £20 per annum.
None to reeeire pen-
sions under the laws of
this province who re-
eeire p^sions in any
other of his Majesty's
dominions for wounds
or injuries recetred on
•enrice in this pro-
C. 6.— Second Yeab op George IV.— 1821. [Pibst Session^
XVI. And be it further enacted by the authoritj aforesaid, That anj peirson claiming
hereafter, within the period prescribed by this act, to be placed upon the pension list of
this province, by reason of disability from wounds or other injuries received during the
service, shall, before his admission upon such list, attend personally at York, and present
himself for examination to the medical board at York, and obtain their certificate in like
manner and on payment of the like fees, as in the case of persons appealing to the said
board under the provisions of this act.
XVII. And be it further enacted by the authority aforesaid. That all monies paid under
the authority of this act shall be accounted for to his Majesty, by the receiver general of
this province, through the lords commissioners of his Majesty's treasury, in such manner
and form as his Majesty, his heirs and successors, shall be graciously pleased to direct
XVIIL And be it further enacted by the authority aforesaid, That the oaths directed
to be taken by this act, except those hereinbefore directed to be administered by the
members of the medical board, shall and may be administered by any justice of the peace
in this province.
• XIX. And be it further enacted by the authority aforesaid, That every officer, non*
commissioned officer, or private militia-man, acting as provincial artillery driver, or in the
colored corps, or employed with the Indians, or serving in the late provincial marine
establishment, who now is placed on the pension list of this province, or whose widow or
children are now receiving a pension on their account, shall be deemed and taken to have
been a militia-man.
XX. And be it further enacted by the authority aforesaid, That the said agent shall
regularly, on the thirty -first day of December in each and every year, transipit to the
governor, lieutenant governor, or person administering the government of this province,
a detailed abstract account, supported by the vouchers, of all pensions paid by him, under
the authority of this or any former act.
XXI. And be it further enacted by the authority aforesaid, That notwithstanding the
repeal of the above mentioned act passed in the fifty-fifth year of his late Majesty's reign,
the pension of all persons placed or to be placed on the list by rdftson of disability from
wounds or injuries received on service, shall be the sum of twenty pounds per annum.
XXII. Provided always, nevertheless, That no person receiving a pension in any of
his Majesty's dominions, by reason of wounds or injuries received on militia service in
this province, shall be entitled to receive any additional pension by virtue of this act, or
of the above recited act passed in the fifty-third year of his late Majesty'a reign.
Continuance of this act.
XXIII. And be it further enacted by the authority aforesaid. That this act shall con-
(8ee7thGeo.iv,c6.) tinue and be in force for and during the term of four years, and from thence until the end
of the then next ensuing session of parliament, and no longer.
(See4thGeo.rV,c24.>
Preamble,
After 1st August next.
if more than one third
of the arrears due to
ouljtta pensioners shall
A ;:main undischarged,
Chapter V.
An act to authorize the governor^ lieutenant governor^ or person administering the
government of this province^ to borrow a sum of money upon the securities therein
mentioned, to be applied in discharging the arrearages due to militia pensioners.
[Passed Apn'l 14, 1821.}
Whereas large arrearages are due to the persons placed on the militia pension Itt of
this province, which the governor, lieutenant governor, or person administering the
government, is not enabled to discharge, by reason of the proportion of duties payable to
this province upon articles imported into Lower Canada, since the first day of July, in the
year of our Lord one thousand eight hundred and nineteen, not having been received,
which amount of duties is yet to be adjusted by commissioners to be appointed on the part
of the provinces of Upper and Lower Canada ; and whereas it is expedient to make cer-
tain provision for the payment of the said pensions within a limited time ; be it therefore
enacted] by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ' An act for making more effectual provision for the govern-
ment of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That if on the
first day of August next, more than one third of the sura which may then be due on
account of militia pensions, up to the thirtieth day of June now next ensuing, shall re-
main undischarged, it shall and may be lawful for the governor, lieutenant governor, or
Digitized by VnOOQlC
Eighth Parliament.]
C. 5. — Second Year of George IV. — 1821.
275
the i^OTcrnor may ni-
thonze the receirer
general to borrow anch
turn, not ezceedinc
£26»000, as may be i^
quired to pay anch ar-
rearages.
The receirer general to
Form of debentittee.
and how issaed and
made {myable.
Snch debentures, and
the interest acerainr
thereon, to he eharged
on the pro^rtlon of
duties receivable by
this province on ac-
Debentures to pass car-
rent with pubuc reeei-
rers, collectors, &c.
person administering the government of this province, so soon thereafter, as he may deem
expedient, to authorize and direct his Majesty's receiver general of this province to raise
by loan, from any person or persons, bodies corporate or politic, who may be willing to
advance the same upon the credit of the government bills or debentures authorized to be
issued under this act, such sums of money, not exceeding twenty-five thousand pounds,
as may be sufficient to discharge the whole amount which may be then due on account of
the said pensions, for arrearages up to the thirtieth day of Jnne now next ensuing.
U. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the receiver general, now or for the time being, to cause or direct any number of make out debentoreii
debentures to be made out, for any such sum or sums of money, not exceeding in the <>' »>o«"«« ^"©^•d-
whole the said sum of twenty-five thousand pounds, as any person or persons, body politic
or corporate, shall agree to advance on the credit of the said debentures ; which deben-
tures shall be prepared and made out in such method and form as his Majesty's receiver
general shall think most safe and convenient, and that for each loan or advance, three
several debentures shall issue at the same time, bearing date on the day on which the
same shall actually be issued, and being each for the payment of one third of the sum so
advanced, at the expiration of one, two, or three years respectively, with interest at six
Kr cent, per annum from the date of each debenture, until the same shall be discharged :
ovided always, Tliat every such debenture shall and may be signed by the said receiver
general of this province for the time being.
HI. And be it further enacted by the authority aforesaid, That all such debentures,
with the interest thereon, and all charges incident to or attending the same, shall be, and
are hereby charged and chargeable upon, and shall be repaid or borne by or out of the
monies that shall come into the hands of the receiver eeneral of this province, to and for
the public uses of this provmce, on account of the proportion payable to this province, of count of goods imported
duties which already have been, or may hereafter be, levied and received in thd province "*^ l<^w Canada,
of Lower Canada, upon goods imported into the said province.
IV. And be it further enacted by the authority aforesaid. That the debentures which
shall be lawfully issued by the authority of this act, and shall from time to time remain
undischarged and uncancelled, shall and may, after the period therein appointed for the
payment thereof, be received and taken, and shall pass and be current to all and every
the receivers and collectors in this province of the customs or of any revenue or tax
whatsoever, granted, due, or payable, or which may hereafter be granted, due, or payable,
to his Majesty, his heirs and successors, under or by virtue of any act of the parliament of
Great Britain, or of the provincial parliament or otherwise, and also at the office of the
receirer general of this province, from the said collectors and receivers, or from any person
making any payment there to his Majesty, his heirs or successors, upon any account, or
for any cause whatsoever, and that the same in the hands of such collectors and receivers,
and in the hands of the receiver general of this province, shall be deemed and taken as
cash, and as such shall be chargea against and credited to such collectors and receivers,
and to such receiver general aforesaid, respectively, in their accounts with each other, and
with his Majesty, his heirs and successors.
V. And be it farther enacted by the authority aforesaid, That the interest which shall
from time to time be due upon any debenture which may be so issued shall be allowed to
all persons, bodies politic and corporate, paying the same to any receiver or collector of while the debentarea
^ ri_« aM • A 1 • *!.• -^^al /j u I. remain m the hands of
any of his Majesty 's revenues m this province, to the respective days whereupon such any public receiver,
debentures shall be so paid ; Provided always. That no interest shall run or be paid upon
or for any such debenture, during the time such debenture so paid shall remain in the
hands of any of the said receivers or collectors, but for such time the interest on every
such debenture shall cease.
Vf. And to the end that it may be known for what time such debentures bearing interest
shall from time to time remain in the hands of such receivers or collectors as aforesaid ;
be it further enacted by the authority aforesaid, That the person or persons who shall pay
any such debenture or debentures so bearing interest, to the receivers or collectors of any
of his Majesty's revenues or taxes, shall, at the time of making such payment, put his or
their name or names, and write thereupon in words at length, the day of the month and
jear in which he, she, or they so paid such debenture bearing interest, all which the said
collectors and receivers respectively shall take care to see done and performed accord-
ingly ; to which respective days, the said receivers and collectors shall be allowed again
the interest which he or they shall have allowed or paid upon such respective debenture,
upon his or theit paying the same into the hands of the receiver general, as aforesaid.
VII. And be it further enacted by the authority aforesaid. That if any person or persons
shall forge or counterfeit any such debenture as aforesaid, which shall be issued under the
authority of this act and uncancelled, or any stamp, indorsement, or writing, thereon or
therein, or tender in payment any such forged or counterfeited debenture, or any deben- ^^^ ^,„ „,„, ^ „^
tures with such counterfeited endorsement or writing thereon, or shall demand to have, ff^^^ij u v-fi 11 jCjIp
Interest to be paid
debentnrei.
Interest
Method of ascertaining
for what period the in-
terest on such deben-
tures shall be suspen-
ded.
Capital felony to foi^
any debenture or in-
dorsement thereon, ci*
utter anj such forced
debenture knowiti;;!/*
and with intent to de»-
276
a 5.— Sbcowd Ykar or Oborok IV,~1821.
[FfttIT Sbmiov,
The reeeirer geneialto
transmit accounts to
the governor, before
eachae«sipn <^ parlia^
ment, of the debentures
issae«l, aiaoiint redeem-
ed, outstanding, &c. to
be laid before the leeis-
lature. ^
latereit aeeming upon
debentares shallbe paid
half yearly on demand
by the receirer general.
Warrants to be issued
therefor.
Remuneration to the
reeeirer general, and
Sersons employed un-
erhim.
Debentares when due
to be paid by warrant
on the receirer general,
and when paia to be
cancelled.
(See 4th Geo. IT, e 24,
s2.) ^
After the debentures
become due, the gover-
nor may direct a notice
to be published, calling
on the holders to pre-
sent them for payment;
and if not presented
within six months from
the date of the notice,
•11 interest after such
six months shall cease.
Monies to be paid by
warrant, and accounted
for to his Majesty.
BQch counterfeit debenture, or any debenture with such counterfeit endorsement or writing
thereupon or therein, exchanged for ready money, by any person or persons who shall be
obliged or required to exchange the same, or by any other person or persons whomsoeyer,
knowing the debentures so tendered in payment or demanded to be exchanged, or the
indorsement or writing thereupon or therein to be forged or counterfeited, and with intent
to defraud his Majesty, his heirs and successors, or the persons appointed to pay off the
same, or any of them, or any other person or persons, bodies polidc or corporate, then
every such person or persons so offending, being thereof lawfully convicted, shall be
adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy.
VIII. And be it further enacted by the authority aforesaid. That the receiver general
of this province, for the time being, shall, before each session of the parliament of this
province, transmit to the governor, lieutenant governor, or person administering the
government of this province, a correct account of the numbers, amount, and dates, of the
different debentures which he may have issued under the authority of this act, of the
amount of the debentures redeemed by him, and the interest paid thereon respectively,
and also of the amount of the said debentures outstanding and unredeemed at the periods
aforesaid, and of the expenses attending the issuing the same, and of carrying this act into
execution, to be laid before the legislature of this province.
IX. And be it further enacted by the authority aforesaid. That the interest growing due
upon the said debentures, shall and may be demandable in half yearly periods, computing
from the date thereof, and shall and may be paid on demand by the receiver general w
this province for the time being, who shall take care to have the same indorseo on each
debenture at the time of payment thereof, expressing the period up to which the said
interest shall have been paid, and shall take receipts for the same from the parties respec-
tively, and that the governor, lieutenant governor, or person administering the government
of this province, shall after the thirtieth day of June and thirty-first day of December in
each year, issue warrants to the receiver general, for the payment of the amount of interest
that shall have been advanced, according to the receipts to be by him taken as aforesaid.
X. And be it further enacted by the authority aforesaid, That the receirer general of
this province, and the person or persons necessarily employed under him in the execution
of this act, shall severally have and receive such rewards and allowances as the governor,
lieutenant governor, or person administering the government of this province and the
executive council thereof, shall adjudge to be reasonable, and shall direct to be allowed
them for their respective services in the execution of this act ; and that the same shall be
paid in discharge of such warrant or warrants as the governor, lieutenant governor, or
person administering the government of this province, shall from time to time issue for
that purpose. ^
XI. And be it further enacted by the authority aforesaid, That a separate warrant shall
be made to the receiver general by the governor, lieutenant governor, or person adminis-
tering the government of this province for the time being, for the payment of each debenture,
as the same may become due, and be presented in favor of the lawful holder thereof; and
that such debentures as shall from time to time be discharged and paid off, shall be can-
celled and made void by the said receiver general.
XII. And be it further enacted by the authority aforesaid, That at aiiy time after the
said debentures, or any of them, shall respectively become due, according to the terms
thereof, it shall and may be lawful for the governor, lieutenant governor, or person admi-
nistering the government of this province, if he thinks proper so to do, to direct a notice
to be inserted in the Upper Canada Gazette, requiring all holders of the said debentures
to present the same for payment according to this act ; and if after insertion of the said
notice for three months, any debenture then payable shall remain out more than six months
from the first publication of such notice, all interest on such debentures, after the expiration
of the said six months, shall cease, and be no further payable in respect of the time which
may elapse between the expiration of the said six months and their presentment for pay-
ment.
XII. And be it further enacted by the authority aforesaid. That all monies required io
be paid by the authority of this act, shall be paid by the receiver general, in discharge of
sucn warrant or warrants, as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for to his Majesty by the receiver general of this province, through the lords commis-
sioners of his treasury for the time being, in such manner and form as his Majesty, his
heirs and successors, shall be graciously pleased to direct.
Digitized by
Google
Pasuaxsnt.]
C. 64-*£acoDr9oYsA& or Ovo&ojq IV,.— 1821.
«77
PreanUe.
64th Geo. Ill, c 9, re-
cited.
(See 69th Geo. Ill, e
12; 2d Geo. IV, c 12;
l»JiGee.iy»elO.>
Cliapter VI.
An met to ammf$d anwdfOBsed in the fiftjf^inth y^ar of his late Majesty* a reign^ enti-
Uedy ^^ An act for vesHng in commiasioners the estates of certain traitors^ and also the
elates of persons declared aUens by an act passed m the fiftyfowrtk year of his Ma-
jssty^s reignj entitled^ ^ An act to declare certain persons therein described, oHenSj and
to v&t their estates in his Majesty^ and for applying the proceeds thereof towards
compensating the tosses tohich his Majesty^s subjects have siAstained in consequence
of Oie late war^ and for ascertaining and satisfying the lawful -debts and efai/ns
thereupon.* "
[Paised April 14, 1821.] :
Whkbbas by an act of the parliament of this province, passed in the fifty-fourth year
of his lale Majesty's reign, entitled, ^^ An act to declare certain persons therein described,
aliens, and to vest their estates in his Majesty,"- certain estates in this province have
become vested in his Majesty, having been found by inquisition to havejbeen on the first
day of July, one thousand eight hundred and twelve, in the seizin of persons, declared
aliens by the provisions of that act, which estates were after the said first day of July,
and before the departure of such aliens from this province, conveyed to bona fide pur-
chasers without any intention of fraud, or were seized and sold in execution upon
judgments lawfully obtained before the departure of such aliens from this province, as
aforesaid ; and whereas the provisions of the said act in that behalf were only intended
to prevent fraudulent sales, made with intent to evade expected forfeitures, it is expedient
that relief should be afforded to bona fide purchasers in the cases above mentioned, who
in some instances have made large improvements upon lands acquired by them before the
passing of said act, and who would be wholly ruined unless provision is made for
such relief ; be it therefore enacted by the King's most excellent Majesty, by and with
the advice and c<Misent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of ^nd under the authority of an act passed
in the parj^iment of Great Bntain, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making more
effeetttEd provision for the government of the province of Quebec, in North America,
and to make further {N-ovision for the government of the said province,' " and by the
authority of the same. That the commissioners appointed under the act passed in th*
fifty-ninth year of his late Majesty's reign, entitled, " An act for vesting in commissioners
the estates of certain traitors, and also the estates of persons declared aliens by an act
passed in the fifty-fourth year of his Msyesty's reign, entitled, ' An act to declare certain
persons therein described, aliens, and ito vest their estates in his Majesty, and for applying
the proceeds thereof towards compensating the losses whfch his Slajobty's subjects have
sustained in consequence of the late war, and for ascertaining and satisfying the lawful
debts and claims thereupon,' " shall and may have power to revise all such claims as have
been brought before them, respecting lands of which no sale has already been made, under
the provision of the said recited act, passed in the fifty-ninth year of his late Majesty^s
reign, whether the same have or have not been decided on appeal ; and if it shall appear
to their satisfaction, upon the proof brought before them in support of the same claim,
that the sale by the alien, or under a judgment against him made or entered before the
departure of such alien from the province, and before the passing of the said first men-
tioned act, was bona fide, and not for fraud or evasion, or with a knowledge of the piircliaser
of his intention to desert the province, then the said commissioners shall and may have
power to decree such estate to such claimant proving good title to the same, and that it
shall and may be lawful for any person or persons having any claim under such bona fide
sale as aforesaid, to prefer the same to the said commissioners, within the period of six
months from the passing of this act, any thing in the above recited act passed in the fifty-
ninth year of his late Majesty's reign, to the contrary notwithstanding.
II. And whereas it appears upon the petition of Thomas Ridout, esquire, and others,
that in some cases, from a mistake in describing the lot or other error in inquisitions,
eertain estates have been erroneously returned as forfeited, and the persons owning the
same not having observed the public notice thereof until after the expiration of the eight
months limited for claiming before the said commissioners, by reason whereof the same
have been absolutely vested in the commissioners above mentioned, who are compelled
to proceed to sell the same notwithstanding such manifest error as aforesaid ; be it there-
fore enacted by the authority aforesaid, That it shall and may be lawful for the said
conunissioners to inspect the respective inquisitions, together with the minutes of evidence
thereon, and compare the same with the returns furnished and published by them accord-
ing to law ; and that on its appearing to the said commissioners, or a majority of them, from
such inspection, or otherwise^ that any estate has been returned manifestly by..eiTOi:» it
shalLand may be lawful for them, at, any time before the 3ale thereof, to decree tixQ saa^
^^ Digitized by VniJiJ
The commissioners ap-
pointed under 69th Creo.
Ill, c 12, may revise
all claims brought \t€-
fore tkem respecting
lands not jet sold un-
der that act, and in ca-
ses where there hare
been )K>na fide sales bj
the alien, or under a
iud^ment against him
Defore bis departure
from the prorince, and
before the passing of
64th Geo. Ill, c 9, may
decree the lands to the
persons claiming under
such sale.
Claim may be within
six months.
Commissioaiers em-
powered to deeree to
their rirht owners, es-
tates which appear b^
the inquisition, cti-
dence, and return, to
have been returned
forfeited by mi
provided
such ^
S78
by the
The prorif ioM of thif
•ot extended to eases
of persons who mej be
bcreefter looad aliens
by inquisition.
Where estates of
aliens hare been sold In
satisfaetion of execu-
tions against them, the
snrplnsaboTe the exe-
eataontobe paid orer
by the shenir to the
eommissioners of for-
feited estates.
Deeds of bai^n and
sale by eommissioners,
shaUbeTaUd,lfsicned
by a majority or the
ecnnmissionen for the
time being.
Days of meeting of the
commissioners, after
the first day of AngnsC
next.
C. 7, a-r-^sMm YBAft or 6mmb IV.--18ei. [¥mr Smm,
to suflli person aa shall prove title theretOi or in default of any claini tberefcr, to fbrbev
proceeding to sell tbe same.
III. And be it further enacted by the authority aforesaid, That when any bona fide sale
of any lands or tenements shall have been made by any person or penoas, who mj
hereafter be found by inquisition to be an alien or aliens, under the said act passed ia die
ifty<-fourth year of his Majesty's reign, when such sale shall have been made prevanitto
desertion of such alien, it shall and may be lawful for the commissioaera aforesaid, upon
satisfactory proof of such bona fide sale, to decree such lands and tenements to the pv.
chaser or purchasers thereof, or the person entitled to claim the same.
IV. And be it fiirther enacted by the authority aforesaid. That in aU cases where tlie
real estate of any person declared an alien, under the provisions of the said act passedjn
the fifty-fourth year of his late Majesty's rdgn, shall have been sold in exeeutioD apos
any judgment obtained against him, before such real estate became vested in his M^
by inquisition found, the surplus monies arising from such sale, after the satisfiictioQofthe
execution and the legal charges thereupon, shall belong to his Majesty, and shall be forth-
with paid over by the sheriff or other officer holding the same, to -the commissioDers of
f(»feited estates, appointed in and by the said act of the parliament of this pro?iiMe,
passed in the fifty-mnth year of his late Majesty's reign, who shall pay the same to the
special receiver appointeid under the provisions of the said last mentioned act, to be bj
him held subject to the some orders and appropriations, as if such monies had arises Inn
the sale of real estate by the commissioners of forfeited estates.
V. And be it further enacted by the authority aforesaid. That in all cases of sales of
lands which have been or may hereafter be made by the commissioners of forfeited eaUtes,
according to the authority vested in them for that purpose, deeds of baiigain and sale
which have been, or which hereafter shall be, made and executed by the mapnij ol saeh
commissioners for the time being, shall be as valid and effectual in law, to all ioteote
and purposes, as if the same were signed by all the said commissioners, any hv to the
contrary notwithstanding.
VI. And be it further enacted by the authority aforesaid, Tliat from and ajbsrthelrst
day of August next, the said commissioners shall meet on the first Tuesday in the montb
of January, April, July, and November, and at no other time, unless (or the purpose of
determining some matter specially referred to them, or of receiving the evidence or hear*
ing the claim of some claimant or claimants, agent or agents, actually attending for tlal
purpose.
(See 2d Geo. IV, e 1
•ndZ)
Preamble.
No persons b«t skeriib.
and pcnooi emplojea
iTf them, shall be eati-
tled to compensation
for serriag any process
directed to the sheriff
of any district.
Chapter VII.
An ad rdaiive to the service of proceae iesuing out of hie Majeety^e court of %'i
bench and the several district courts in this province.
(Passed April H 180 J
Wkxrxas by the laws now in force in this province, relative to the service of process
issuing out of his Majesty's court of king's bench, or out of the sevend district courts in
this province, it is optional with the plaintiff, his attorney or agent, to cause sucb process
to be served by some literate person, or to compel the sheriff to serve the same, when it
may be inconvenient or difficult for such plaintiff, his attorney or agent, to do so ; and
whereas it is expedient to grant relief to the several sheriffs in this province, in respect of
such service, and to make provision relative to the service of such process in future ; ^^
therefore enacted by the Kine's most excellent Majesty, by and with the advice andeo^
sent of the legislative council and assembly of the province of Upper Canada, constitute
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ** An act to repeal certain parts of an act passed in the fourteentli
year of his Majesty's reign, entitled, * An act for making more effectual provision for tie
Svernment of the province of Quebec, in North America, and to make further provision
r the government of the said province,' " and by the authority of the same, That m
and after the passing of this act, no person other than sheriffs, and persons employed under
them, shall be entitled to receive mileage or other compensation, on the service of anj
process required by law to be directed to the sheriff of any district
(See Wh Oeo. HI, e •
11. • 1.)
Chapter V'lII.
An act to eocplain doubts which have arisen respecting the right of persons hoUiH *
license, to keep a house of public entertainment to retail spirituous liquorSy to he cofl-
sumed out of their houses without any additional license. ^ ,
tih^iea AprflHisnj
^ Wrxrxas doubts have arisen, whether by the laws now in force, any person hf^i^g J
Keense to keep a house of public entertainment may, by virtue of such license, sell sprntuo©
Digitized by VrjiJOV IC
Pab&iambmt.]
C. 9, U>.-^aooN|» YSAE or GaowB IV.— 18S1.
UfHoisbjnlMlytobeeMfliiiMedaiitoflimlMmse; for renovkig meh doubCt, be it terab j
enaefted by the King's most excellent Majesty, by and with the adyiee and eonsent of the legis-
lative eonndl and assembly of the provinee of Upper Canada, eoostituted and assembled by
virtue of and under the authority of an act passed in the parliMoent of Great Britain,
entitled^ " An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more ^eetual provision for the government
of the pvoTinee of Quebec, in North America, and to make further provision for the
government oi the said province,' " and by the authority of the same, That it shall and may
be lawful for any person in this province, duly licensed to keep a house of public enters
tainraent lor the retailing of spirituous liquors, to sell wine, brandy, or other spirituous
liquors, by retail, to be consumed out of his house, in the. same quantities w he may retail
it within his bouse, without any additional license for that purpose.
«T9
Anjr ptnon Iteented to
keep a konse of public
entertehment for ra*
tailing tpiritiioiit fi-
rnt, may lell Gquon
retail, to ba con-
•abaed out of hit honae,
bythaaama oaantitica
aa witluD, without any
Chapter IX,
An act to continue an act passed in the fifty-fifth year of his late Majesty^ s reign, enti-
tled^ " An ad to repeal an act passed in the fifty fourth year of his Majesty^s reign,
enNiledj * An act to supply in certain cases the want of county courts in this province,
and to make further provision for proceeding to outlawry in certain cases therein
mentioned.^ "
[Pteaad April 14, ISSl.]
Whskeas it is expedient to continue an act passed in the fifty-fifth year of his late Ma-
jesty's reign, entitled, **An act to repeal an act passed in the fifty-fourth year of his Majesty's
reign, entitled, ^ An act to supply in certain cases the want of county courts in this pro-
Tince, and to make further provision for proceeding to outlawry in certain cases therein
mentioned ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper Canada,
constitnted and assembled by virtue of and under the authority of an act passed in the
parKament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
Airther provision for the government of the said province,' " and by the authority of the
same, That the said act, and every clause, matter, and thing, therein contained, shall con-
tinue and be in force for eight years, and from thence to the end of the then next ensuing
session of parliament.
6601 Geo. Ill, c 2, eon-
tinned forciglityaara»
Chapter X«
An act to repeal the laws now in force relative to the preservation of sahnon, and to
make further provisions respecting the fisheries in certain parts of this province,
and also to prevent accidetUs by fire, from persons fishing by torch or fire light.
[Pasted April 14, 1821.]
Whebeas it is expedient more effectually to provide for the preservation of salmon
within this province, and to make further regulations for fishing in the rivers and creeks
thereof ; and whereas the provisions of an act passed in the forty-seventh year of his
late Majesty's reign, entitled, " An act for the preservation of salmon," and also the pro-
vbioDs of another act passed in the fiftieth year of his late Majesty's reign, entitled, ^^Anact
to extend the provisions of an act passed in the forty-seventh year of his Majesty's reign,
entitled, ' An act for the preservation of salmon,' " are found inadequate ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the legis-
lative council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, '^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That the aforesaid
acts, and every matter and thing in the said acts contained, shall be, and the same are,
hereby repealed.
11. And be it further enacted by the authority aforesaid. That from and after the passing
of this act, it shall not be lawful for any person or persons at any time, from the twenty-
fifth day of October till the first day of January in each and every succeeding year, to
take, catch, or kill any salmon, or salmon fry, in any manner whatsoever.
(Tfaiaaet anandedby
4tliOao.lV,a2a.)
Pimanbla.
47th Geo. I]
60th Oao.
Il,al2»aiid
III, aS^rc-
SahMn not to be killad
or taken batwaaa SBth
Oetobar and Ist of Jaa«
oaryiaany year.
(B«pea]adby4thGeo.
III. And be it further enacted by the authority aforesaid, That it shall not be lawful for No panoa to Sth by
any person or persons to take, catch, or kill, or to attempt to take, catch, or kill, any fish **•* ^^ ^ ''«^* "
Digitized by VniJO
gle
88»
C. 11.-^SsMtft» Ybaii or QwdM^t IV.— 1881.
[Startr
nj cTMk wifUa one
hundred mds of my
■dll or mul dam.
NoMlmoB or
f rr to be UdCMi in the
Home, Newcastle, .or
Gore district, within
a certain distance from
the mouth ofany creek.
(Extended to the rivar
Trent. See 4th Geo.
lV.c2,sa)
Exception as to the ri-
ver Credit
No salmon hi thote dis-
tricts to be taken by
settwg any net or wear.
Penalties for breach of
this act.
Distribution of fines.
Exception as to part of
the district of Gore.
Indians not restrained
by this act, except as
to fishins; by torch light
near mills, &e.
in fiirf river or creek'ivitlttn thte province, by torch or fire light) ^vidiiii oom kokbid jmdM
of^atiy miU or miil dam, which may now or hereafter be erected on any audi tirani or
creeks as aforesaid.
IV. And be it Anther enacted by the authority aforesaid, That it shall not be hiwfial fer
any person or persons at any time to take, catch, or kill in any manner, in the Home di»*
trict, district of Newcastle, and distnct of Gore, of this province, any salmon or asbaen
fry,.nearer the mouth of any of the rivers and creeks along the shore of lake Ontario,
than two hundred yards, or within fifty yards up the mouth of any such rivers or creeks
as aforesaid, except the river Credit in the Home district, where it shall not be lawful to
take any salmon by spear, or otherwise, less than two hundred yards up the mouth of the
6aSd rivet.
y. And be it further enacted by the authority aforesaid, That it shall not be lawfoi for
any person or persons in either of the districts aforesaid to take, catch, or attempt to take
or catch, by setting any net or nets, wear or wears, any salmon or salmon fry in any of
the creeks or rivers in the aforesaid districts.
VI. And be it further enacted by the auAority aforesaid, That if any person or persons
shall be convicted, before any two or more of bis Majesty's justices of the peace, within
the district in which buch oflence or offences shall have been committed, by the oath of
one or n^ore credible witness or witnesses other than the informer, of iniringMtg any trf
the pi*ovisions of this act, such person or persons respectively, upon conviction as afore-
said, shall forfeit and pay a sum not exceeding five pounds, nor less than five shillings, for
every oienee so committed, with all reasonable costs both before and after conviction, or
in default of payment, to be committed to the common gaol of such district aa afoyeaaid,
for a term not more than thirty days, nor less than two days, unless the fine and eosts an
sooner paid.
VH. And be it further enacted by the authority aforesaid, That one half of any such
fine as aforesaid, levied or collected, or to be levied or collected, by virtue of this act,
shall be given to the informer, and the other half shall be paid into the hands of his Ma-
jesty's receiver general, to and for the public uses of this province, to be accounted for
to his Majesty througli the lords commissionei-s o( his M<yesty's treasury, for the tint
being, in such manner and form as his Majesty shall direct.
VilL Provided always, nevertheless, and be it further enacted by the authority afore-
said. That nothing in this act contained shall extend, or be construed to extend, to any
other. pari of the district of Gore aforesaid, than so much of said district as is comprised
within tho township of .Trafalgar, and that part of the townhhip of Nelson which Ues
north of tho beach between Burlington bay and lake Ontario : Provided, That nothing ia
this act contained shall extend, or be construed to extend, to prevent the Indians fishing
as heretofore when and where they please, except within one hundred yards of a mill or
mill dam, by fire or torch light.
Preamble.
Penone
nSarria|re
be deemed gmlty
miadcmean or.
Chapter XI.
An act for the more certain punishment of persons illcgaUy solemnizing marriage tritktn
this province,
[Patted April 14, ISU.]
For the more certain punishment of persons illegally solemnizing marriage within this
province; be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteendi
year of his Majesty's reign, entitled, * An act for making more effectual provision for the
govemiiient of the province of Quebec, in North America, and to make further provision
for the government of the said province,'" and by the authority of the same. That if anj
iUeijaiiy, to parsou, minister, or clergyman, lepliy authorized to solemnize marriage within this pro-
vince, shall, after tlie passing Of this act, knowingly or wilfully solemnize marriage without
piihlicatmn of banns, unless license of marriage^ be fjist had and obtained from some person
having authority to grant the Fame, or if any justice of the jx^ace in this province shall,
after the passing of this act, knowinglj'- solemnize marriage contrary to latv, or if any
person not having authority by law to solemnize marriage within this province, shall, after
the passing of this act, marry any persons within the ^ame, such parson, minister, clergy-
man, justice of the peace, or person respectively so offending, shall be guilty of a
misdemeanor, any thing in a certain act of the pariiament of Great Britain passed in the
twenty-sixth year of the reign of King George the Second, entitled, " An act for the
bettct preventing of clandestine marriages," to the contrary thereof in any wise notwith-
standing : Provided always, nevertheless, That such offence shall not be cognizable at any
Digitized by VrjiJOV IC
Bolcmnizing
of a
l^oarter set«i<m9 oot
Pasuamknt.]
C. IS, 18.— SwmiD TsAH of Gsoroe IY.— 18tl.
Wl
of quarter seMoaft in Ibis ptomMce ; and, Provided alsot That no prMeaution Atil
be aommeiieed after two years fituoi the offence ooounitted.
II. And be it further enacted by the authority aforesaid, That in all cases of prosecution
under tbis aet, wherein the legal authority of any person to solemnize marriage within
Uua proYinee shall come in question, the proof of such authority shall lie upon the
defieodant
to hare jghM^mm
oyer caeii ogimce.
Posecation nuiit h%
within two jeart.
Proof of \tpl aotiionty
■hall be on deleadaBl
narnatt
feadmt
Chapter XII.
Jin ad to render kgal certain emaU notes and inland Inlls of exchange wUhki tki$
province.
[Passed April U, 1821.]
Wrxrsab the provisions of a certain act of the parliament of Great Britain passed in
tbe fifteenth year of his late Majesty's reign, entitled, ^' An act to restrain the negotiation
of promiseory notes and inland bills of exdiange, under a limited sum, within that part of
Great BiJtain called England," and t>f a certain other act of the parliament of Great
BritBin passed in the seventeenth year of his late Majesty's reign, entitled, ^' An act for
fiirtber restrajning the negotiation of promissory notes and inland bills of eicehange, under
a limited sam, within that part of Great Britain called England," are ini^licable to this
province ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^^ An act to repeal captain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,'" and by the authority of the
same. That no clause, matter, or thing, in the said acts, or either of them, contained, shall
extend to or be in force in this province, or shall make void any bills, notes, drafts, or
orders, which have been or may hereafter be made or uttered in this province, any thing
in a certain act of the parliament of this province passed in the thirty-second year of his
late Majesty's reiga, entitled, '^ An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, ^ An act for making more efiGBctual pro-
vision for the government of the province of Quebec, in America, and to introduce the
English law as the rule of decision in all matters of controversy relating to property and
civil rights,' " or in a certain other act of the parliament of this province passed in the
fortieth year of his late Majesty's reign, entitled, ^^ An act for the further introduction of
the criminal law of England in this province, and for the more certain punishment of cer-
tain offenders," to the .contrary thereof in any wise notwithstanding : Provided always,
That nothing in tbis act contained shall be construed to render any person liable to any
punishment for any forgery, larceny, or other crime committed before the passing of this
act, respecting any notes, bills, drafts, or imdertakings, made and uttered before the passing
of this act, other than such person would have been liable to, had this act never been
passed.
FreeabU.
Britisk
and 1701 Geo. Ill, ra-
ud Uii off
racitodL
Those statutes nflt to
be in force ia tbip pro*
(See8adOco.III,e].)
(4001 Geo. Ill, e 1.)
This act to bare no rt-
trospectiTe operatioB,
as respects ai^ fofwy
or other crime, commiit*
ted in respect of nuA
notes or biUs made aad
uttered before this act.
Chapter XIII.
An act to establish an uniform currency throughout this province.
[Passed April 14, 1821.]
Whkrcas it would tend much to the public convenience, if an uniform currency pre-
vailed throughout this province ; and whereas the several gold and silver coins current
in this province have respectively a nominal legal value in pounds, shillings, and pence,
bearing the relative proportion of ten to nine, to the sterling money of account in the
anited kingdom of Great Britain and Ireland, nevertheless, in some parts of this province
accounts continue to be kept and contracts to be made in New York currency, estimating
the Spanish milled dollar at eight shillings^ bearing to sterling money of account, the pro-
portion of sixteen to nine, which diversity must necessarily occasion great and manifest
confusion ; be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
jear of his Majesty's reign, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That from
Pffsambla.
Afterlstof JnlY.lSaa,
no interest sbaU be dey-
and after the first day of July, which will be in the year of our Lord one thousand eight no interest sbidiWdey^T^
^ ^' . ^ TiigitizedbyVrjUUQlC
C. 14.-— Sbooms Ybab or Gaoaes iy.>-18Sl.
[Fkwv
ntnd&Uc on anjrlKMid,
note, or other initru-
iB^nt made after that
date in this prorince,
IB «7hich the penalty or
•am payable «hall be
expressed in NewYoric
currency J
nor any costs allowed
in actions brought
Afte r lat July, 1822, no
rendering of account
■hall bo deemed a de-
mand or acknowled^
ment thereof giren m
«Tidence,anleflt it shall
hare been rendered in
prorincial eanreney.
After IstJohr, 1822, no
■hop books Bnall be re-
ceired in eridence as
to any entries after that
date, nnlcss they are
made oat in provmoial
currency.
Thip act to be read in
conrton the first day
of the four next courts
of general quarter
hundred and twenty-two, no interest shall be demaadable or shall be reeovered in any
action upon any bond, bill, note, or other instrument, agreement, or paper writing, made
or dated within this province, after the said first day of July, in which the penalty or the
sum payable or secured in or by such bond, bill, note, or other instrument, agreement, or
paper writing, shall be expressed in New York currency, or in words or lettere importine
New York currency, whether interest be or be not payable according to the terms theml,
nor shall any costs be taxed or allowed against the defendant in any action which maj be
brought in any court in this province for the recovery of the debt, damages, or sum made
payable or secured by any such bond, bill, note, or other instrument, agreement, or paper
writing.
II. And be it further enacted by the authority aforesaid. That from and after the said
first day of July, in the year of our Lord one thousand eight hundred and twenty-two, no
rendering of any merchant's, or other account, entered and made out after that date within
this province, shall be considered a demand, nor shall any admisrion of such aecoant be
given in evidence as an acknowledgment of a debt, unless such account shall have been
entered, made, and rendered, in provincial currency, at five shillings to a dollar.
III. And be it further enacted by the authority^aforesaid, That no shop book of anj
merchant or tradesman made up and kept within this jnxivince, shall be received in anj
court of law as evidence for such merchant or tradesman, as far as respects any entries
made therein after the said first day of July, which will be in the year of our Lord one
thousand eight hundred and twenty -two, unless such entries shall be made therein in pro-
vincial currency, as aforesaid.
IV. And be it further enacted by the authority aforesaid. That this act shall be read by
the clerics of the peace of the several districts of this province, in open court, on the
first day of the general quarter sessions of the peace, for four successive courts of geoe*
ral quarter sessions next after the passing thereof.
Preamble.
48dGeo. Ill, e6, !«.
(Btt tSBth Geo. Ill, c
••9
Bfarried women lutrinf
real estate, and desi-
RMU of oonTeying Uie
eame, maj appear bo-
fore tbe quarter scs-
sions of tbe district in
wbieh tbey reside, and
be examined as to tbeir
Women residing ap
broad may 'appear be-
fore tbe sessions in any
district of the proyinee.
Certificate to be giren
by tbe chairman.
Fee to tbe clerk of the
peaee.
(SeelstWiU. IV,c8.)
Cliapter XIV.
An act to enable married women more conveniently to convey tkeir real estate.
[Passed April 14, 182I.J
Whbreas by an act passed in the forty-third year of his late Majesty's reign, entitled,
^^ An act to enable married women having real estate more conveniently to alien and con-
vey the same," it is enacted, that no deed shall have any force or effect to bar such married
woman, or her said husband, or her heirs, during the continuance of the coverture, or
after the dissolution thereof, or shall have any force or effect whatsoever, unless such
married woman shall appear in open court, in the court of king's bench, or before any
judge thereof at his chambers, or before a judge of assize at the sittings of* the Home
district, or on his circuit, and shall be examined by the said judge, touching her consent
to alien and depart with such estate ; and whereas much inconvenience has arisen
from such provision ; be it enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, '^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making more
effectual provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority
of th^ same. That from and after the passing of this act, it shall be lawful for any married
woman having real estate in this province, to appear before the quarter sessions of the
peace, in the district in which she may at the time be' resident, or before the general
quarter sessions of the peace, in any district in this province, in cases in which the party
resides out of this province, at any time within twelve months after her execution of the
deed conveying away her real estate, and being examined by the chairman of the quarter
sessions in open court, touching her consent to alien and depart with her real estate, as in
such deed may be mentioned, it shall and may be lawful for the said chairman to certify
the same, in like manner as the same may at present be certified by the court of king's
bench, or any judge thereof, and the said certificate shall have the same force and effect,
and be as valid in law, as any certificate given under and by virtue of the above recited
act, any law or usage to the contrary in any wise notwithstanding.
II. And be it further enacted by the authority aforesaid. That the clerk of the peace
shall be entitled to receive the sum of five shillings for drawing every such certificate, and
no more.
Digitized by
Google
fWan P^yujAMSNT.]
C. IS, 16, 17.~Ssoo]rD Ybar or Geoboe IV.— 1821.
ass
Cbapter XV.
An act further to relieve vessels and stnall craft from the payment of light house tonnage
duty.
[Paited April 14, 1821.]
Whebeas it is found expedient further to relieve the masters and owners of vessels,
boats, rafts, and other craft, belonging to and navigated by his Majesty's subjects within
this province, from the payment of light house tonnage duty ; be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth yp.ar of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the pro-
vince of Quebec, in North America, and to make further provision for the government of
the said province,' " and by the authority of the same, That from and after the passing of
this act, no collector or deputy collector at any of his Majesty's ports of entry, where
light house tonnage duty now is or hereafter may become due and payable, shall demand
such duty on vessels, boats, rafts, or other craft belonging to and navigated by his Majesty's
subjects as aforesaid, except on the number of tons, weight, or measurement of cargo,
other than the personal baggage of the passengers, which such vessel, boat, raft, or other
craft, shall actually discharge at such port or place of entry.
II. And be it further enacted by the authority aforesaid, That in the report which the
master, owner, or other person, shall make of the arrival of such vessel, boat, raft, or other
craft, to the collector or deputy collector at the port or place of entry where such cargo
shall be discharged, shall be specified the number of tons, weight, or measurement of the
same, which report shall be verified by the oath of the person making the same, to be
adDiinistered by the collector or deputy collector.
III. And be it further enacted by the authority aforesaid, That if any person making
such report, under oath administered as aforesaid, shall therein wilfully misstate the
number of tons, weight, or measurement of such cargo, he shall be deemed guilty of wilful
and corrupt perjury.
Preunble.
(See 59A Geo. Ill, e
Light house tetottage
duty on vessels owdmI
ai»d navigated by his
Majesty's subjects in
this province to be de-
ma naed henceforward
only on the tonnage of
cam actually dischar-
geaat any port where
such duty is to be paid.
Master to state in hia
report the number of
tons of die aameyOii o«th.
False oalh therein to be
perjuiy.
Chapter XVI.
An act for altering the time of holding the general quarter sessions of the peace in the
Home district.
[Repkaled bt 4tr Gko. IV, Ch. 90.]
Preamble.
Cbapter XVTI.
An act for the presennUion of deer within this province,
[Passed April 14, 1821.]
Whereas it is expedient to prohibit the killing of deer within this province, at improper
seasons of the year; be it enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act jiassed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That no person or persons shall within this province, after the tenth day of
January in every year hereafter, kill in^any manner whatever, any deer, ferae naturae, until
the first day of July.
II. And be it further enacted by the authority aforesaid. That if any person or persons
shall kill or cause to be killed deer, ferse-naturse, between the tenth of January and the
first day of July as aforesaid, such person or persons shall forfeit and pay the sum of forty
shillings for the first offence, and dotible that sum for every subsequent offence, to be
recovered in a summary manner, before any two or more of his Majesty's justices of the
peace for the district in which the offence shall have been committed ; one moiety thereof Application of finea
shall be forfeited to his Majesty, and be paid into the hands of the receiver general of this
province, to and for the public uses of the same, and shall be accounted for through the
lords commissioners of his Majesty's treasury, in such manner and form as his Majesty
shall be jdeased to direct, and the other moiety thereof shall be paid to the informer, or
whoever shall sue for the same : Provided always, and be it further enacted by the
Digitizedby
No person to kill any
de*r, fer» natnne, be-
tween the 10th daj of
January and lat of July,
in any yew.
Penalty.
Google
iKk
IndiMu •xoBpC
C. 18, 19, 20, 21.— SficoHD Ybar of OnrnGS IV.— 1821.
{Vmmr
authority aforesaid, That nothing in this act c<Nitained shiU extend or be constnied to
extend, to anj individual or individuals of the nations of Indians now or hereafter to be
resident within the limits of this province.
FMMiUe. .
awbGM.in,e2,i
iton lit, reefited.
ContlBved for two
(Amended and coBtina-
•d. See«hG«o. IV,
€18.)
Chapter XVIII.
An act to cofUintic for a limited time a certain act of the parliament of this province
passed in the fifty-ninth year of his late Majesty'* s reign^ entitled^ " An act to alter the
laws now in force for granting licenses to innkeepers j and to give to the justices of the
peace in general quarter sessions assembled for their respective districts, avihority to
regulate the duties hereafter to he paid on such licenses^
[Pwied April K 1821.1
Whereas it is expedient to continue for a limited time the provisions of a certain act
of the parliament of this province, passed in the fifty-ninth year of hk late Magesty's reign,
entitled, "An act to alter the laws now in force for granting licenses to innkeepers, and
to give to the justices of the peace in general quarter sessions assembled for their respec-
tive districts, authority to regulate the duties hereafter to be paid on such licenses ;" be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the lesjislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
f;overnment of the province of Quebec, in North America, and to make further provision
or the government of the said province,' " and by the authority of the same, That the said
act, and every clause, matter, and thing, therein contained, shall be contintied and remain
in force for two years, and from thence to the end of the then next ensuing session of
parliament.
Chapter XIX.
An act to provide for the remuneration and reimbursement of certain persons therein
mentioned.
[Pritate.— To Thomas Clark and Jamei Crooki, as conunissionen to Lower Canada, on the subject of the improremcat
of the inland navigation, jSSOO : To Peter Robinson and Grant Powell, esquires, as eommissioners for avperinteBdiii^ the
erection of the parliament house, the like sum beio|c expended by them, in ereetine and finishing the public buildin^^ for
the accommodation of the legislative council and house of assembly, £S83 ISs. 7d. ; To Grant PoweU, esquire, for hb serriecs
in discharge of that duty, £100.]
Cliapter XX.
An act grasntmg a pension to Elizabeth Lowe.
[PRiTATS.~-Gnuiting her a pension of £20 per aiumm duting life.]
Chapter XXI.
An act to remunerate the surveyor general for certain services.
[Passed Aptai4»l8B.]
Most gracious Sovereign:
Whereas it is expedient to remunerate the surveyor general of thia province for servi-
ces rendered and disbursements made by him, in carrying into effect the provisions of a
certain act of this jirovince, enthled, " An act to repeal the sevet^ laws now in force,
relative to levying and collecting rates and assessments in this province, aad fiurther to
provide for the more equal and general assessment of lands, and other rateable property
throughout this province ;" be it therefore enacted by the King's most excellent Majesty^
by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ** An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ' An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That from and out of the rates and duties raised, levied,
and collected, or hereafter to be raised, levied, and collected, to and for the usea of this
province, and in the hands of the receiver general unappropriated, there be gnmted to his
Digitized by VrjiJOV IC
Ekkth Paruahskt.]
C. 22, 23, 24, 25.— Sbcond Ybab of Gjsoroe IV.— 1821.
Majesty, hid heirs and successors, the sum of one hundred and fifty-four pounds, four shil-
lings, and two pence, currency, which sum of one hundred and. fifty-four pounds, four
shillings, and twopence, shall be paid to the receiver general of this province, in discharge
of such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be applied
to remunerate the surveyor general of this province for duties performed by him under
the said recited act of the parliament of this province.
U. ^nd be it further enactc^d by the authority aforesaid. That the sum of one hundred
and fiftjr-four pounds, four shillings, .and two pence, .shall be accounted for to his Majesty
by his Majesty's receiver general of this province, through the lords commissioners of his.
treasury for the time being, in such manner and form as his Majesty, his heirs and suc-
cessors, shall be graciously pleased to direct.
£154 4a. 2d. granted to
remunerate the survey-
or general of this prrv*
rince for certain servi-
ces imposed on him by
an act of the legisla-
ture.
How to be paid and
accounted for.
Chapter XXII.
An act to make good certain monies issued and advanced by his excellency the lieutenant
governor y in pursuance of several addresses of the house of assembly,
[Granting jCTSG 16s. Sj^d. contingent expenses of the legislature, for the session in 1S20.J
•Chapter XXIII.
An ad granting to his .Majesty a sum of money in aid of the funds for defraying the
expenses of the ttdministratian of justice and support of the civU government of this
province.
[Granting £3,811, sterling, towards the public service of the province, for the year 1821.]
Chapter XXIV.
An act to make provision for compensating district treasurers^ for duties imposed on
them by the several acts of this province relative to common schools,
[Passed April 14,1821.]
Whebbas a duty has been and is imposed on the treasurers of districts in this province,
in receiving, paying, and accounting for, the several sums of money jzjranted to their respec-
tive districts for the use of common schools therein, for which duties no compensation has
been allowed by law, and it is expedient to make provision for granting such compensation ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by vhtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, ^' An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
govemment of the province of Quebec, in North America, and to make further provision
for the goveroiAent of the said province,' " and by the authority of the same, That it shall
and mayb« lawful for the governor, lieutenant governor, or person administering the
government of this p^rovince, to direct the insj^ector general, or other oflicer to whom the
duty appertains, to allow to the treasurer of any district in this province, in any settlement
of accounts relative to monies received, paid, and expended therein, by, him, for common
schoois, the sum of three pounds for every one hundred pounds, which naay have been
paid through the hands of such treasurer : Provided, such treasurer shall produce proper
vouchers to prove that such sum or sums of money as may have been paid into his hand^
for the use of common schopts, has or have been expended and paid according to the
iDteot and meaning of the acts of this province relating to the said common schools.
Preamble.
(See60thGeo.III,c7.)
District treasttrer to
be allowed to retaini
three per cent, on ali
monies which may have
passed through his
nands under the acts re-
lative to the establish-
ment of common
schools;
provided that such
treasurer produce pro-
per vouchers for the ex-
penditure of the monies,
accordiit;^ to the intcu'^
tion of the toveraf
school acts.
Chapter XXV.
An act to appropriate a sum of money towards opening and completing the great line
of communication from the Ottawa river ^ passing through Richmond and Perth to
Kingston,
[Passed April 14, 1821]
Most gracious Sovsreion :
Whereas the remote situation of and difiBcult j of access to some of thegiew settlements Preamble.
in the county of Carleton, render it expedient to open and complete a new line of commu-
'^ oc Digitized by
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C. M, S7, 88.~SBooin> Ysak of Gbobmb !V.^18S1. (FtiM Smbiov,
£200 gnmted to aid in
opentni;; th« ro«d from
Richmond, on th« Ot-
tawa, to Kingiton.
A comnlMioner to be
appointed.
How the monej hereby
granted is to be paid
and acoonnted for.
nication between Richmond pcMnt, on the OttftWA river, and Kingston ; itid wherea? your
Majesty's commander of the forces, by his written communication to your Majest^^s
lieutenant governor of this province, has expressed his desire to assist in opening the said
road ; and whereas it is the desire of your Majesty's faithful commons of this proviiice to
contribute towards the same ; may it therefore please your Majesty that it may be (Boacted,
and be it enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly ot the province of Uf^r Canada, constfluted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provisian for the
government of the province of Quebec, in JforOi America, and to make further pm^vision
for the government of the said province,' " and by the authority of the same, Tb«t trm
and out of the rates and duties already raised, levied, and collected, or hereafter to be
raised, levied, and collected, to and for the public uses of this province, and in the hands
of the receiver general thereof, unappropriated, there be granted to his Majesty, his heirs
and successors, the sum of two hundred pounds, which said sum of two hundred pounds
shall be appropriated, applied, and disposed of, in opeung and completing the said new
road.
II. And be it further enacted by the authority aforesaid, That at any time from and
after the passing of this act, it shall and may be lawful for the governor, lieutenant governor,
or person administering the government of this province, to appoint a CMnmisaioner or
commissioners for carrying the provisions of this act into e£fect.
III. And be it further enacted by the authority aforesaid. That the money hereby
granted to his Majesty shall be paid by the receiver general, in discharge of such warrant
or warrants as shall for the purpose herein set forth, be issued by the governor, lieutenant
governor, or person administering the government of this province, and the receiver gene-
ral shall account to his Majesty, nis heirs and successors, for the same, through the loids
commissioners of his Majesty's treasury, for the time being, in such manner and form as
his Majesty, his heirs and successors, shall be graciously pleased to direct.
Chapter XXVI.
An act to remunerate the clerk of the crown in chancery for past serviceSy and to provide
for the future payment of that officer.
[EzFimco: Bur isb lax Wil. IV, Cu. 16.]
PnaaUe.
Mill Geo. Ill, e 27, re-
Chapter XXYII.
An act to repeal an act passed in the fifty-sixth year of his late Mcgesty^s reignj eniiiUd^
" An act to increase the salary of the speaker of ffte house of assembly, and to remu-
nerate the present speaker for past services.^^
[PMied April 14, 18B.J
Whereas the salary to the speaker of the house of assembly is deemed disproporlioned
to the present revenue of the province, it is therefore deemed expedient to reduce the same;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and con-
sent of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, *' An act to repeal certain parts of an act passed in tne fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the govern-
ment of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That an act passed
m the fifty-sixth year of his late Majesty's reign, entitled, ^* An act to increase the salary
of the speaker of the house of assembly, and to remunerate the present speaker for past
services," be and the same is hereby repealed.
Chapter XXVIII.
An act to afford relief to John Wagstaff, of the town of Niagara^ tinsmith.
[Phi VATx-^Allowing him six moiiUif to ronoT* Ida buildiags from off hia had in ihe town of Niunra, forfcitod nndtr Uw
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Eighth Pabi^iamekt.] C. S9, SO, 81.-*-SBO0in> Yxas or Georqs IV.^1821.
287
Cliapter XXIX.
An ad to empower certain trustees therein mentioned^ to sdl and convey a certain lot of
land in the taum of York^ and to purchase another lot or tract of land for the use and
accanmufdaiion of a Roman catholic congregation.
[Fused April 14, 1821.]
Whxbsab by letters patent, under the great seal of this province, bearing date the
twenty-fifth day of March, one thousand eight hundred and six, a certain lot of land in the
town of York, in the Home district, described as lot number six, on the corner of George
and Duke streets, containing about one acre of land, was granted to the honorable James
Baby, the reverend Alexander McDonell, and John Small, esquire, in trust, for the use
and aoeommodation of a Roman catholic congregation, in the said town of York and its
vidnity ; and whereas it hath been represented by the said trustees, that the said lot of
land is insufficient and inconvenient for the use and purposes intended by the said grant ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, ^' An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
Svenunent of the province of Quebec, in North America, and to make further provision
r the govenunent of the said province,* " and by the authority of the same. That the
said trustees be empowered and authorized, and they or any two or more of them are
hereby empowered and authorized, by deed of conveyance under their hands and seals, to
grant, bargain, sell, and convey, in fee simj^e, the aforesaid lot of land, described as lot
number su, on the corner of George and Duke streets, in the town of York, aforesaid,
with its appurtenances, unto 8U(ih person or persons as may be disposed to purchase the
same.
II. And be it further enacted by the authority aforesaid, That the trustees aforesaid, or
any two or more of them, shall and may, and they are hereby empowered and required to,
vest the money accruing from the sale of the lot of land aforesaid, in the purchase of such
other lot or tract of land in or near the town of York aforesaid, as they, the said trustees,
shall in their discretion deem to be proper and convenient for the use and accommodation
of a Roman catholic congregation in the said town of York and its vicinity ; and the said
trustees, or any two or more of them, are hereby empowered and required to receive and
take a conveyance of the land, so to be by them purchased as aforesaid, with the money
aforesaid, in trust for the use and purposes aforesaid, and with succession and limitation of
the said trust as may be deemed expedient to secure the same in perpetuity, for the use
and Durposes aioresaid, according to the true intent and meaning of the letters patent
hereinbefore mentioned.
PretmUc
Trnitees of • eertain
lot of land in York for
the lue of a Ranutn ear
tholie coBgregation, al*
lowed to tell the nine;
porehaflc
land in York in tiust for
the fame purpoa e.
Chapter XXX.
An act to afford relief to Edmund Mott and John Blanchard, of the district ofJohnstoton.
[pRiTATS.^ — ^AUovlBf them six months to traTone the inqvititloB affeetang their ettatet, wider 64th Geo. Ill, c 9.]
Cbapter XXXI.
An act to afford relief to Samuel HuU and Esther Phelps.
[pBtTATS. — Allowing them liz months to trarene the inqnititioB affeoting their estates, mider 64th Geo. Ill, e 9.]
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Second Session of the eighth Proyincial Parliament.
MET AT YORK, 0I« THE TWENTY-FIRST DAT OF NOVEMBER, AND PROROGUED ON THE
SEVENTEENTH DAY OF JANUARY FOLLOWING, IN THE SECOND YEAR OF
THE REIGN OF GEORGE IV.
8IR PEREGJ^llNE MAITLAND, K. C. B., LIEUTENANT GOFEftNDB.
Anno Domini IBXU
9Ui section of S4th G«o.
III,cl; aitbGdo.III,
c 1^, except the Ist, 33d,
3 Uh, 35th,and 36th sec-
tlons ; 35th Geo. Ill, c
1, 8 2; 37th, c 4; 38th,
c 4; 4l8t, c 9; 49th, c
4, s 3 & 4; 51st, c, 3—
repealed.
Chapter I*
An act to repeal part of and amend the laws now in force respecting the practice of his
Majesty^s court of king^s bench in this province.
[Passed January 17, 1S22.]
Whereas it is expedient to make certain amendments in the practice of his Majesty's
court of king's bench in this province ; be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the pailiament of Great Britain, entitled, " An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for thp government of the said province,' " and by the
authority of the same, That the ninth clause of an act passed in the thirty-fourth year of
his late Majesty's reign, entitled, " An act for the regulation of juries," and an act passed
in the thirty-fourth year of his late Majesty's reign, entitled, " An act to establish a supe-
rior court of civil and criminal jurisdiction, and to regulate the court of appeal," with the
exception of the first, thirty-third, thirty-fourth, thirty-fifth, and thirty-sixth clauses, and
the second clause of an act passed in the thirty-fifth year of his late Majesty's reign,
entitled, " An act to explain and amend an act passed in the thirty-fourth year of his Ma-
jesty's reign, entitled, ' An act to estaf)lish a superior court of civil and criminal jurisdiction,
and to regulate the court of appeal,' " and an act passed in the thirty-seventh year of his
late Majesty's reign, entitled, " An act for regulating the practice of the court of king's
bench," and an act passed in the thirty-eighth year of his late Majesty's reign, entitled,
" An act to amend part of an act passed in the thirty-fourth year of the reign of his Majesty,
entitled, ^ An act to establish a superior court of civil and criminal jurisdiction, and to
regulate the court of appeal, and also to amend and repeal part of an act passed in the
thirty-seventh year of the reign of his Majesty, entitled, ' An act for regulating the prac-
tice of the court of king's bench, and to make further provision resj^ecting the same,""
and an act passed in the forty-first year of his late Majesty's reign, entitled, " An stci the
better to adapt the establishment of the court of king's bench to the present situation of
this province," and the third and fourth clauses of an act passed in the forty-ninth year
of his late Majesty's reign, entitled, ' An act for the more effectual preventing of frivolous
and vexatious suits^ and to authorize the levying of poundage upon executions in certain
cases, and to regulate the sales by sheriffs and other officers," and also an act passed in
the fifty-first ycai* of his late Majesty's reign, entitled, " An act to extend personal airest
to the sum of forty shillings, and otherwise to regulate the practice in cases of personal
arrest," be, and the same are, hereby repealed.
Terms of sitting.
'«t what )M;riods the
« 'fie 8hall commence
••-^>cctively.
. s. :m Hilary and Mich-
■ Inias terms, see 2d
'.eo. IV, c20.)
< ourt may adjourn from
•me return oay to ano-
ther.
II. [Repealed by 4th Geo. IV, c 1.]
III. Provided always, and be it further enacted by the authority aforesaid, That when
the court shall have good reason to believe there will not be sufficient business to require
their daily attendance throughout the term, they may be at liberty to adjourn the court
on any return day to the next immediate return day.
liginai process. ^^' ^^^ ^® *^ further enacted by the authority aforesaid, That the original process for
compelling the appearance of the defendant or defendants in any suit hereafter to be
brought in his Majesty's court of king's bench, shall be a writ of capias ad respondendum,
tested in the name of the chief justice or senior puisne judge of the said J^oWf^fe *^^
igi ize y ^
Eighth Pakuament.]
C. 1. — Second Year of George IV. — 18S2.
289
a writ of ea|MM ad ref
Cop J wbcffoof to bo
unred on defcndoat ia
Eoglith Dotieo on pro-
cott not bnihhlo*
(8ee2dGeo.iy,e7.)
Manner of proeeodlng
OD procoM notbnilaMo.
time being, a copy of which process in actions not bailable shall be personally served op
the defendant ot* defendants by the sheriff to whom the process shall be directed, or his
lawful deputy or bailiff, being a literate person, and that upon every copy of such process
to be served upon any defendant, there shall be written a notice to such defendant of the
intent and meaning of such service, to the effect following :
'^ A. B. : You are served with this process, to the intent that you may either in person,
or by your attorney, appear in his Majesty's court of king's bench, by filing your appear-
ance in the oflBce of the .clerk of the crown, [or deputy, as the case may be,] in the
district, at the return thereof, being the day of or within eight days thereafter,
in order to your defence in this action."
And that in all actions hereafter to be brought, wherein the defendant or defendants shall
not be arrested and held to special bail, if the defendant or defendants do not appear at
the return of such process, or within eight days after the return thereof, it shall and may
be lawful for the plaintiff or plaintiffs, upon affidavit being made and filed of the personal
service of such process, to enter common bail for the defendant or defendants, and to
proceed thereon as if such defendant or defendants had put in and perfected bail to the
action.
V. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for each and every defendant, personally or by attorney, to enter his, her, or their
appearance at the office from which such process not bailable has issued, at any time within
eight days after the return of such process or writ ; and that in all actions or suits where
the defendant or defendants have appeared as aforesaid, the plaintiff, or his attorney,
shall, after filing a declaration in the office from whence the writ issued, and service of a
copy thereof wi the defendant by a demand in writing, call for a plea, and that if after the
expiration of eight days from the service of such demand, no plea be filed, it shall and
may be lawful for the plaintiff or plaintiffs to sign judgment in the cause.
VI. And be it further enacted by the authority aforesaid. That for and notwithstanding
any thing in this act contained, it shall and may be lawful to proceed by bill, in any case
where by reason of any privilege such proceeding is practised in the court of king's bench
in England, and that the like proceeding shall be had in actions so commenced as in the
said court, unless otherwise altered by the rules of his Majesty's court of king's bench
in this province.
VII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for any defendant or defendants in any action or suit in the said court, to plead as
many several matters thereto, as he shall think necessary, without leave of the said court,
where he would be entitled to do so by obtaining such leave, under the same regulations
and restrictions as are declared by the British statute passed in the fourth year of the
reign of Queen Anne, chapter 16, section 4, any thing in the said clause to the contrary
notwithstanding.
VIII. And whereas much inconvenience is felt by conscientious creditors in the reco-
very of their just debts, from the difficulty of ascertaining whether any person or persons
design leaving the province, with an intent to defraud their creditors, an affidavit of which
is required by the laws now in force, before a capias ad respondendum could issue ; be it
therefore enacted by the authority aforesaid, That no person shall be arrested or holden to
special bail upon any process issuing out of the said court in a civil suit, where the cause
of action shall not amount to five pounds of lawful money of this province, and where the
cause of action shall amount to five pounds and upwards, it shall not be lawful for the
plaintiff to proceed to arrest the body of the defendant or defendants, unless an affidavit
be first made by such plaintiff, his servant or agent, of such cause of action, and the amount
justly and truly due to the said plaintiff from the said defendants, and also that such plain-
tiff, his servant or agent, is apprehensive that the defendant will leave this province without
satisfying the said debt, and that the said plaintiff, his servant or agent, does not sue out
such process from any vexatious or malicious motive whatever, which affidavit shall be
filed, and may be made before any judge or commissioner of the court, out of which such
process shall issue, authorized to take affidavits in such court, or before the officer who
shall issue such process, or his deputy, which oath such officer, or his deputy, is hereby
authorized to administer, and for the said affidavit, one shilling shall be paid, and no more ;
and the sum or sums specified in such affidavit shall be endorsed on such writ or process,
which sum or sums so endorsed, the sheriff or other officer to whom such writ 'or process
shall be directed, shall take bail, and for no more.
IX. And be it further enacted by the authority aforesaid, That it shall and may be law-
ful for any plaintiff, his servant or agent, having made such affidavit as aforesaid, to sue
out from any conunissioners of his Majesty's court of king's bench for taking affidavits in
each and every district^ a writ of capias ad respondendum, with which the said commis- CMnmiMimiertfortdc-
sioners, as well as the several deputies appointed by the clerk of the crown, shall be from ingftffidavkt^&Bd^Mm- ^T^
igitize y ^
PriTileeed pcnons mtj
proceed by bill, unlew
altered by rule of cooit.
Defendants maj plead
•ereral matters withont
leareofthe court.
No person to be aneet-
ed HMT a suaa mider £6.
AiBdaTit to be made by
pljuntiff prerious to ar-
rest,
and may be sworn be-
fore any jndfpe, &c. and
one shiUing to be paid
for oath.
Sum sworn to shall be
endorsed o
process.
«0Q
«f oltdvof tlMeMini
to isane baUaUft pnN
C. 1.— SoGQVD Y^AE or GiBomB (V.~1823.
Jndcei may order ai
raat in certain casei.
ConditioB ti neocni-
I of baU.
Bail maj amrender
their principal to the
sheriflfs of the respec-
tire dtstrirti where de-
fendants are held to
bail, and sherilTfl to ?ive
certifieates of snrren-
der, and judge to order
an ezoneretur on pro-
duction thereof.
Defendant! may pat in
special bail in yacation.
Role for allowance
thereof may be issued
by a jadge.
Defendants maybe held
to bail in aetions picvi-
onsly pending.
No farther affidarit re-
ouired in bailable ac-
tion preyioas to suing
oat ca.sa. ; otherwise in
actions not bailable.
Issues joined in the
Home district may be
tried before any judge.
time to time supplied, 8%Ded hj the proper officer of the court, on which shall b^ endorsed
the sum sworn to, and to which the said affidavit shall be annexed, whereupon it shall and
may be lawful for any constable in the district to arrest the said defendant, and deliver
him, her, or them, over to the sherifi, in order that he, she, or they may be held to bail
for the amount of the sum so endorsed.
X. And be it further enacted by the authority aforesaid, That in all cases in which the
cause of action shall be other than a debt certain, of which affidavit may be made as
hereinbefore mentioned, it shall and may be lawful to hold the defendant or defendants to
bail, a judge's order having been first obtained for that purpose, in such cases and in such
manner as is provided by the law and practice of the court of king's bench in England.
XI. And be it further enacted by the authority aforesaid, That each and every recog-
nizance of bail to be taken in cases of personal arrest, as hereinbefore mentioned, shall
be, that if the defendant or defendants snail be condemned in the action at the suit of the
plaintiff or plaintiffs, he, she, or they will satisfy the costs and condemnation money, or
render himself, hers«ilf, or themselves, to the custody of the sheriff of the district in which
such action shall be brought, or that the cognizors shall do so for such defendant or
defendants.
XII. And be it further enacted by the authority aforesaid. That whenever any bail in
any action or suit now pending, or hereafter to be brought in any district, shall be desirous
of surrendering their principal, in discharge of themselves, it shall and may be lawful for
the sheriff of such district, and he is hereby required, to receive such principal into his
custody at the gaol of his district, and to give such bail a certificate under hb hand and
seal of office of such surrender, which certificate shall be a sufficient authority for any
judge of the court in which such action shall be pending, and he is hereby required, on
production thereof, to order an exoneretur to be entered on the bail piece, in the same
manner as if such principal had been surrendered in person before him at his chambers,
for which certificate the said sheriff shall receive the sum of five shillings and no more.
XIII. And be it further enacted by the authority aforesaid. That if any defendant or
defendants shall be taken, or detained in custody, in any district of this province, on
mesne process issuing out of any court of record in this province, at the suit of any plaintiff
or plaintiffs, and shall be detained or imprisoned thereon after the return of such process,
it shall and may be lawful for such defendant or defendants, except in term time, within
the Home district of this province, or district where the court shall be holden, and upon
due notice thereof given to the attorney of the plaintiff or plaintiffs in such process, to put
in and justify bail before any of the justices of the court out of which such process shall
have issued, or before any commissioner duly appointed for taking bail in such court, which
justice, or in case bail shall have been put in and justified before a commissioner, any
justice of the said court, upon receipt of the said bail piece and recognizance from such
commissioner, may, if he shall think fit, order a rule to issue for the allowance of such
bail, and may further order such defendant or defendants to be discharged out of custody
by writ of supersedeas, in the like manner as may be done by order of the court in term
time.
XIV. And be it further enacted by the authority aforesaid. That in case the jdaintiff,
in any action now pending, or hereafter to be brought, in the said court, his servant or
agent, shall at any time after action brought, and before final judgment, be apprehensive
that the defendant will leave this province without paying his debt, it shall and may be
lawful to and for the said plaintiff, his servant or agent, having made and filed such affidavit
as aforesaid, to sue out an alias writ of capias ad respondendum, and to cause the said
defendant to he thereupon arrested and holden to bail, which bail, if the said writ shall
have been sued out after common bail being filed, shall be bail to the action.
XV. And be it further enacted by the authority aforesaid. That in all cases in which
the party has been held to special bail, it shall not be necessary to make or file any further
or other affidavit before suing out a capias ad satisfaciendum upon the judgment obtained
in the same action ; and that in cases where the party has not been held to special bail, a
writ of capias ad satisfaciendum may issue after judgment upon an affidavit of the same
form as is hereby required to be made, for the purpose of suing out a capias in mesne
process, or upon affidavit by the plaintiff, his servant, or agent, that he hath reason to
believe that the defendant hath parted with his property, or made some secret or fraudulent
conveyance thereof, in order to prevent its being taken in execution.
XYI. And be it further enacted by the authority aforesaid. That upon all issues joined
in the court, in any suit or action that shall arise or be triable in the Home district, or in
the district where the court shall be holden, under any commission of assize and nisi prius,
issued after the terms of Hilary and Trinity respectively, and tested on the last day of
each of those terms, the chief justice, or any other judge of the said court, shall, as judge
of assize and nisi prius for the said district, try all manner of isf^ues joined in the said
court, which ought to be tried by a jury of the said district ; and that the chief justice, or
Digitized by VjUUy It:
ihOlftH PAAtkABtSITT.]
C. 1.— SsooKD Ykab OIF Gsoftofi rv.— 163S.
SSI
ftny other judge of the said eourt, dhall, as judge of assize and nisi priUB^ issue his precept
to the sheriff of the said district, for the summoning of jurors for the trying of ail such
issues as may be joined in the said court, and arise and be triable in the said district, so
that the same may be in no instance holden sooner than thirty days from the end of the
Hilary and Trinity terms respectively.
XVII. And be it further enacted by the authority afwesaid, That when the plaintiff or
plaintiffs, defendant or defendants^ in any action now pending, or hereafter to be brought,
shall be desirous of procuring the testimony in such suit or suits of any aged or infirm
person resident within the jurisdiction of his Majesty's court of king's bench in this pro-
vince, or any person who is about to withdraw himself or herself beyond such jurisdic-
tion, or who is residing without the limits of this province, it shall and may be lawful to
and for his Majesty's said court, or for any judge thereof, in vacation, upon hearing the
parties upon the motion of such plaintiff or plaintiffs, defendant or defeneants, to issue one
or more commission or commissions, under the seal of the said court, to one or more
commissioner or commissioners, to take the examination of such person or persons respec-
tively, due notice being given to the adverse party, to the end that he, she, or they may
caose such witness to be cross examined.
XVIII. And be it further enacted by the authority aforesaid. That in cases of witnesses
residing without the hmits of this province, such commission or commissions, with the
examination of the witness or witnesses taken pursuant thereto, returned to the said
court, with an affidavit of the due taking thereof thereto annexed, sworn before and cer-
tified by the mayor or chief magistrate of the city or place where the same shall or may
be taken, close under the hand and seal or hands and seals of one or more of such commis-
sioners, shall be taken, prima faciae, to have been duly executed and returned, and shall
be received as evidence in the said cause : Provided always, That such examination or
examinations shall not be read or given in evidence in the said cause, in case the deponent
or deponents respectively shall be living within the jurisdiction of the said court, and of
sound mind, memory, and understanding, at the time such examination or examinations
shall be offered to be given in evidence ; and, provided it is made to appear to the court
before which such examination or examinations is or are put in, that the same has or have
not been duly taken.
XIX. And be it further enacted by the authority aforesaid, That it shall and may be
lawful in any execution against the person, lands, or goods, of any debtor or debtors, for
the sheriff to levy the poundage fees and the expense of the said execution, over and
above the sum recovered by the judgment, together with the legal interest upon the amount
80 recovered, from the time of entering the said judgment.
XX. And whereas it is expedient to provide for the more public and certain notification
of sales of lands under execution, in order that all persons having claims thereto may be
apprised thereof; be it further enacted by the authority aforesaid. That before the sale of
any real estate be had, upon any execution to be sued out, after the passing of this act,
the sheriff shall cause an advertisement to be inserted in the Upper Canada Gazette, at
least six times before such sale, specifying the particular property to be sold, the names of
the plaintiff or plaintiffs, and defendant or defendants, and the time and place at which it
is btended to proceed to the sale thereof; and the same shall also be advertised in any
OQc public newspaper of the district in which the lands lie, or by notice put up in the
office of the clerk of the peace, or on the door of the court house or place in which, the
court of general quarter sessions for' such district are usually holden, for three months
before such sale : Provided always, nevertheless, That nothing herein contained shall be
taken to prevent such adjournment of such sale to a future day.
XXI. And be it further enacted by the authority aforesaid. That from and after the first
day of July next ensuing, it shall not be lawful for any sheriff, or his deputy, in any dis-
trict of this province, directly or indirectly, to trade, traffic, sell, or vend goods, wares,
or merchandize, either by wholesale or retail, or keep a shop, or expose for sale, any such
goods, wares, or merchandize, or to maintain any action at law for the recovery of any
debt, the amount, consideration, or account, being for such goods, wares, or merchandizes,
excepting always such as by the duties of his office he is legally commanded to do.
XXII. And be it further enacted by the authority aforesaid. That the first and last days
of all periods of time limited by this act, or hereafter to be limited by any rules or orders
of court for the regulation of practice, be inclusive.
XXIII. And be it further enacted by the authority aforesaid, That the form of proceed-
ing in the said court shall be by a course of pleading, to issue in a most compendious
manner, and that in all actions founded on a common undertaking, the following form of
declaration may be adopted :
Chief justice or other
judge to issue his pre-
cept to the sherin, to
summon jurors to tiy
such issues not less
than thirty days alter
Hilary and Trinity
terms.
Commissions may be
issued for the ezamfaia-
tionof witnesses.
And when executed In
a foreign country to be
returned under the
hands and seals of
commissioners.
Examination not to be
made, if defendant is
living within the juris-
diction of the court at
the time of trial, and of
sound mind.
Poundage fees, ekpeiia-
es of execution and in-
terest, to be leried.
Sales oflands to be ad-
rertised in the Upper
Canada Gazette;
and in any newspaper
where land lies.
Sheriffs not to trade «■
merchants or shopkeep-
ers.
First and last days of
all perlhds limited by
this act and rules of
court, Inclusire.
^ A. B. complains of C.
day of at
D., late of for that whereas the said C. D. on the
was indebted to the said A. B. in the sum of [the
Digitized by
Form of daclaration.
Google
SOS
C. 1.— Second Ykab or GsoRas IV.— 1822.
[Sstevp SssHov,
SUtntes of jeofails, 11-
mitotion, and amead-
mentfl, declared to be
in force in this pro-
Tince.
Defendant may pay mo-
ney into court.
Officer to receiTc one
per cent, on
paid into court
Commiitionf of asfize
and niai priiu to be it-
■ned yeany, and when
cirenmttancea require
it, twice a year.
Special commifsiona
mryalflobe iaraed, to
tfy offender*,
No writ of inquiry to
iisne to any sheriff,
but damages to be as-
certained as if parties
had pleaded to issue.
Jurors allowed Is. 8d.
each.
SherilTs to return writs
of nisi prius and attend
the judges on their cir-
cuits.
consideration advanced,] and being so indebted, be, the said C. D., then and ihexe under-
took, and faithfully promised the said A. B. to pay him the said sum, when he, the said
C. D., should be requested ; and though since requested, doth now refuse so to do, to the
said A. B. his damage of £ who therefore brings his suit."
XXIV. And be it further enacted by the authority aforesaid, That each and every of
the statutes of jeofails, and each ^nd every of the statutes of limitation, and each and
every 6f the statutes for the amendment of the law, excepting those of mere local expe-
diency, which from time to time have been provided and enacted respecting the law of
England, be adopted, and declared to be valid and effectual for the same purposes, in this
province.
XXV. And in order to discourage vexatious suits, and to prevent additional charges
upon any defendant or defendants, who may be willing to pay the sum which he or they
shall admit to be justly due, be it enacted by the authority aforesaid. That in all cases,
where the sum demanded by any plaintiff or plaintiffs is a sum certain, or is Cs^pable of
being ascertained by computation of numbers, it shall and may be lawful for any defendant
or defendants to move that he or they may be at liberty to pay into court such sum as he
or they shall propose to. pay, in full discha^e of the said demand; whereupon the court
may order a rule to be drawn up to such effect, or in time of vacation such order may be
made by a judge of the court, and in case the plaintiff shall be willing to accept, and shall
accept the same together with all costs accruing to that time, to be faxed by the proper
officer, the same shall be in full satisfaction of such his demand, and all further proceed-
ings in the said action shall cease ; and to the end that every plaintiff or his attorney maj
know of such proceeding, the defendant or defendants shall, and are hereby required to,
serve a copy of the rule authorizing such payment to be made, upon the plaintiff or his
attorney, at the time of filing his plea of the general issue to such plaintiff's declaration.
XXVI. Provided always, That upon payment of money into court, it shall and may be
lawful for the officer receiving the same, to demand and take a sum not exceeding twenty
shillings for every hundred pounds so paid into court, and at and after the same rate and
proportion for every sum of money so paid, and also to demand and take the sum of one
shilling for every receipt by him given, on account of money so paid in as aforesaid.
XXVII. And for the more convenient administration of justice throughout the province;
be it enacted by the. authority aforesaid. That it shall and may be lawful for the governor,
lieutenant governor, or person administering the government of this province, to issue
yearly and every year, in the vacation between the Michiaelmas and Trinity terms, such
commissions of assize and nisi prius into the several districts, as may be necessary for
the purpose of trying all issues joined in the said court, in any suit or action arising in
the said districts respectively ; and that when a suitable communication by land shall be
opened from the city, town, or place, which shall be the seat of government, into the
respective districts, and the circumstances of the province may require it, it shall and maj
be lawful for the governor, lieutenant governor, or person administering the government
of this province, likewise to issue yearly and every year, in the vacation between the
Hilary and Easter terms, such commissions of assize and nisi prius, into each of the seve-
ral districts, as may be necessary for the trial of all issues joined in manner aforesaid.
XXVIII. Provided always, and be it further enacted by the authority aforesaid, That
nothing herein contained shall prevent, or be construed to prevent, the governor, lieu-
tenant governor, or person administering the government of this province, from issuing
a special commission or commissions for the trial of one or more offender or offenders,
upon extraordinary occasions, when he shall deem it requisite or expedient that such
commission should issue.
XXIX. And be it further enacted by the authority aforesaid. That no writ of inquiry
shall issue to the sheriff in cases where judgment shall have gone by default, but in all
such cases the damages shall be ascertained at the same time, and in the like manner, as
if the parties had pleaded to issue, and that an entry thereof be made on the roll accord-
ingly.
XXX. And be it further enacted by the authority aforesaid, That every common juror
shall be allowed the sum of one shilling and three pence, in every cause in which he shall
be sworn as a juror, to be paid by the plaintiff or his attorney, and to be accounted for in
costs by the party charged with the payment thereof.
XXXI. And be it further enacted by the authority aforesaid. That the sherifis of the
several districts shall, and they are hereby required to, make return of all writs of nisi
prius which shall be delivered to them, or their sufficient deputy, before the said chief
justice, and every other judge who shall be assigned to execute such commissions of
assize and nisi prius, and shall give their attendance upon the said chief justice, and each
other justice, as well for the returning of such tales de circurastantibus as shall be prayed
for the trial of such issues, as for the maintenance of good order in the king's court, and
Digitized by VniJOVJ IC
ElGBTR PARI.IAMXNT.]
C. 1.— Skcond Ykar of Gborgs IV.— 1822.
£98
CUrk of the erown to
have an office ia eaeh
district.
Precipe and affidavit
filed in the said offices,
on suing out ea. sa. to
be transmitted to the
principal office.
All proeeedangs to be
transmitted to the prin-
cipal office before final
judgment
Blight dajs' notice of
trial to be given in all
cases, and four days'
notice of countermand. .
for the doing and executing of all other things to the office of sheriff, in such case be-
longing and appertaining.
XXXII. And be it further enacted by the authority aforesaid, That it shall and may
be lawful for the clerk of the crown and pleas to hjfve, and he is hereby required to have,
in each and every district of this province, except the Ottawa, an office, the duties of
which shall be discharged by deputy, in which actions in the said court may be instituted,
and all necessary proceedings had before final judgment, and a writ of capias ad satisfaci-
endum, after such final judgment, may be issued in the same manner as the same may be
done in the principal office of the said clerk.
XXXIIL Provided always, and be it further enacted by the authority aforesaid. That
the praecipe and affidavit (where one shall be required) filed in the said district office, on
issuing any capias ad satisfaciendum, shall be transmitted to the principal office within one
month after the same shall have been filed as aforesaid.
XXXIV. And be it further enacted by the authority aforesaid. That whenever either
the plaintiff or defendant in any suit hereafter to be instituted in any district except the
Home district, may think it necessary to produce to the court, the writ, declaration, plea,
or any other proceedings which may have been filed in such cause, it shall and may be
lawful for the said plaintiff or defendant to demand and receive from the deputy clerk of SSJ?n^to**c«tify pw!
the crown and pleas in the district, a copy of such . writ, declaration, plea, or other pro- ceedings, if required,
ceeding in the cause, certified by the said clerk to be a true copy of the original, which
copy shall be received by the court in all cases, in lieu of the original, and as a proof
thereof.
XXXV. And he it further enacted by the authority aforesaid. That before final judg-
ment, the several proceedings that have been had in the cause shall be transmitted to the
principal office of the said clerk, and shall remain in his custody.
XXXVI. And be it further enacted by the authority aforesaid. That no indictment,
information, or cause whatsoever, shall be tried at nisi prius before any judge or justice
of assize or nisi prius in any district of this province, unless notice of trial, in writing,
has been given at least eight days before such intended trial ; and in case any party or
parties shall have given such notice of trial as aforesaid, and shall not afterwards duly
countermand the same in writing, at least four days before such intended trial, every such
party shall, ujK)n neglect of bringing such issue to trial, be obliged to pay unto the party
or parties to whom such notice of trial shall have been given as aforesaid, the like costs
and charges, as if such trial had not been countermanded.
XXXVII. And be it further enacted by the authority aforesaid, That whenever the
defendant in any action shall, in term time, plead any dilatory plea, in case such plea
shall be of a matter in law and not of fact, it shall and may be lawful to and for the
plaintiff in the said action to set down such plea for argument on the next day on which
the said court shall sit, or on any other day in the term, giving two dajs' notice thereof to
the defendant, or his attorney ; and in case such plea be filed in the time of vacation, or
being filed in term time, the said plaintiff shall neglect so to set down for argument as
aforesaid, it shall and may be lawful to and for the said plaintiff to apply to any judge of
the said court, to hear and determine the issue joined thereon, in like manner as the same
may no^v be done in open court ; and in case the said judge shall give judgment for the
plaintiff, he, the said judge, shall by an order under his hand direct the said plea to be
taken off the file, with costs to be taxed by the proper officer; and the said defendant
shall within four days from the date of such ortler, plead an issuable plea, and shall
rejoin gratis, and shall also be bound to go trial, at such time as he would have been
bound to go to trial, in case he had pleaded such issuable plea in the first instance, and
not such dilatory plea.
XXXVIII. And be it further enacted by the authority aforesaid, That the allowance
of costs to either party, plaintiff or defendant, in all civil suits and penal actions, be regu-
lated hy the statutes and^ usages which direct the payment of costs by the laws of
England.
XXXIX. And be it further enacted by the authority aforesaid. That the chief justice
and other the justices of the said court of king's bench, for the time being, or any
two of them, whereof the chief justice for the time being to be one, shall and may, by
one or more commission or commissions, under the seal of the said court, from time
to time, as need shall require, empower what and as many persons as they shall think
fit and necessary, in all the several districts within this province, to take and receive
aU and every such affidavit and affidavits as any person or persons shall be willing and
desirous to make, before any of the persons so empowered, in or concerning any cause,
matter, or thing, depending, or hereafter to be depending, or in any wise concerning any
of the proceedings to be in the said respective courts ; and that it shall and may be lawful
for any judge of assize, and in his circuit, to take and receive any affidavit or affidavits,
as any person or persons shall be willing and desirous to make before him, in or concern-
37 ' Digitized by
Dilatory pleas may l>e
argued before a jmlge
in Tacation<
Costs in eivil suits to
be reipilated by the
laws of England.
Commissioners to be
appointed fbr taking
amdavits.
Google
9H
PeBftlties of perjorj
for fiUte twcaring.
One ahilliog for oath.
CommutioDcrs nunr be
for taKiag
Sff'
luted
Jiutices to make or-
ders recaktiiig the
gukUiig tl
rorbMlbefoi
Judges of ueise ney
Ordinancei of Qoobec
repealed.
No ettomey totnule as
a shop keeper.
Ja^get to estaUish fees
to be taken by all dK-
eers of the eonrt
C. 1. — Second Ykar of Georok IV. — 1832. [Ssoovd Sfiuum
ing any cause, matter, or thing, depending, or hereafter to he depending, or in any wise
concerning any proceedings to be had in the said court of king's bench, which said
affidavits, taken as aforesaid, shall be filed in the office of the said court, and there be
read and made use of in the said coi^t, to all intents and purposes, as other aidarjis
taken in the said courts ought to be ; and that all and every affidavit and affidavits taken
as aforesaid, shall be of the same force as affidavits taken in the said court shall aod m
be ; and all and every person or persons forswearing him, her, or themsehes in siid
affidavit or affidavits, shall incur and be liable unto the same pains and penalties, as if
such affidavit of affidavits had been made and taken in open court : Provided always,
That for the taking of every such affidavit, the person or persons so empowered, aod
taking the same, shall for so doing, receive only tne sum or tee of twelve pence, an/ oo
more.
XL. And be it further enacted by the authority aforesaid. That the chief justice (or
the time being, and other the justices of the said court of king's bench, or any two of
them, wbereof the said chief justice shall be one, shallor may, hy one or more commis-
sion or commissions, under the seal of the said court, from time to time, as need shaD
require, empower such and as many persons as they shall think fit and necessary, in all
and every the seveial districts of this province, to take and receive all and every recog-
nizance or recognizances of bail or bails, as any person or persons shall be willios or
desirous to acknowledge or make, before any of the persons so empowered, in any aetioa
or suit depending, or hereafter to be depending, in the said court, in such manner and
• form, and by such recognizance or bail, as the justices of the said court may hereafter
take or may think fit ; which said recognizance or recognizances of bail, or bail piece, so
taken as aforesaid, shall be filed in the office of the clerk of the crown, in the district
where the same shall be taken, together with an affidavit of the due taking the recogni-
zance of such bail or bail piece, by some credible person present at the taking thereof,
which recognizance of bail or bail piece so taken and filed, shall be of the like effect ajs
if the same were taken in open court ; for the taking of which recognizance, or rcco^i-
zances of bail, or bail piece, the person or persons so empowered shall receive only l\\e
sum or fee of two shillings, and no more : Provided always, nevertheless, That nolhiog
herein contained sliall extend to preclude any party from excepting to the bail, in the
manner and w ithin the time prescribed by law\
XLI. And be it further enacted by the authority aforesaid, That the justices respect-
ively shall make such rules and orders for the justifying of such bails, and making of the
same absolute, as to them shall seem meet, so as the cognizor or cognizors of such bailor
bails be not compelled to appear in person in the said court, to justify him or themselves,
but the same may and is hereby directed to be determined by affidavit or affidavit, duly
taken before the said commissioners, who are hereby empowered and required to take
the same, and also to be examined by the justices, upon oath, touching the value of (heir
respective estates.
XLII. And be it further enacted by the authority aforesaid. That any judge of a5Si7e,
in his circuit, shall and may take and receive all and every such recognizance or recoam-
zances of bail or bails, as any person shall be willing and desirous to inake and acknowieo??
before him, which being transmitted in like manner as aforesaid, shall without oaih be
received in manner as aforesaid.
XLIII. And be it further enacted by the authority aforesaid, That the several aetsand
ordinances of the governor and council of the late province of Quebec, wherebytbe
several courts of common pleas in this province were constituted, and from tinie to «««
continued, be, and each and every of them are, hereby repealed. .
XLIV. And be it further enacted by the authority aforesaid, That after twelve month*
from the passing of this act, no attorney of this court, being a merchant, or in any ^'^
concerned by partnership, public or private, in the purchasing and vending of merchandiff
in the way of trade as a merchant, shall be permitted to practise in the said court m%
the time he may be such merchant, or so engaged as aforesaid, nor until twelve ffiODt^^
after he shall have ceased to be such merchant, or so engaged as aforesaid. .
XLV, And be it further enacted by the authority aforesaid, That from and after w
first day of Easter term next, it shall and may be lawful to and for the said court of Inng^
bench, and they are hereby required by order or rule, or order or rules, to be pronounc
by the said court during the said term of Easter, or during^ any subsequent term or tem^
from time to time, to ascertain, determine, declare, and adjudge, all and singular the ^^^
which shall and may be taken, or be allowed to be taken, by any clerk of the cto^
counsel, attorney, sheriff, officer, or other person, from or in respect of anj ^"j''" a*
after the first day of Easter term, to be done or transacted in the court of king s ber^
as well in civil causes as in criminal prosecutions as in all matters and things, ^*^"*^^i^j^j
proceedings, which thereafter shall or may be depending in the said court, ^'^^^"/^^j
the king's revenue, or under any commission of oyer and terminer and general p
Digitized by VnUOy IC
SionH Pahuament.]
C. e.— SaooKD Vbar of GHborgk IV.— 1822.
ddureiy, or oader any speeial commisaion of oyer and termiher, any former law to Ihe
eoDtrary notwithstanding.
XLVI. And be it further enacted by the authority aforesaid, That nothing in this act No eommiftioBi
contained shrii extend to annul any existing commission or authority of any officer or "•^-•^•— ♦'*'-'
commissioner) heretofore appointed to any office, which may require to be continued by
(he provisions of this act, or to make void any proceedings now depending in the said
eourt of king's bench, but that the said office shall be conducted, and the said proceedings
be continued and carried on, according to the several provisions herein contained.
proeeedian to b« bere-
oy ftToidcd.
Preamble.
Chapter II*
An act to reduce into one act the several laws now in force establishing district courts^
and rcguiating the practice thereof y and also to extend the powers of the said district
courts.
[Passed January 17, 1822.]
Whebcas it is expedient to amend and reduce into one act the several laws now in
force for establishing and regulating the practice of the several district courts within this
province ; be it therefore enacted by the King's most excellent Majesty, by and with the .
advice and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the par-
liament of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, ^An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further provi-
sion for the government of the said province,' " and by the authority of the same. That an
act passed in the thirty-fourth year of his late Majesty's reign, entitled, '^ An act to establish
acourt for the cognizance of small causes in each and every district in this province ;" also,
an act passed in the thirty-seventh year of his late Majesty's reign, entitled, ^^ An act to
extend the jurisdiction and regulate the proceedings of the district court and courts of
requests ;" also, an act passed in the thirty-eighth year of his late Majesty's reign, entitled,
^^ An act to repeal part of an act passed in the thirty -seventh year of the reign of his
Majesty, entitled, '^ An act to extend the jurisdiction and regulate the proceedings of the
district court and courts of requests, and to make further provision for the same ;' " also^
the first clause of jm act passed in the fifty-first year of his late Majesty's reign, entitled,
^' An act to amend the process of the district courts, and also further to regulate the pro-
ceedings of sheriffs in the sale of goods and chattels taken by them in execution ;" and
also an act passed in the fifty-ninth year of his late Majesty's reign, entitled, "An act to
repeal and amend certain parts of an act passed in the thirty-fourth year of his Majesty's
reign, entitled, ^ An act to establish a court for the cognizance of small causes in each and
every district of this province, ' " and also an act passed in the thirty-seventh year of his
Majesty's reign, entitled, ^' An act to extend the jurisdiction, and regulate the proceedings
of the district court and courts of requests," be, and the same are, hereby repealed.
If. And be it further enacted by the authority aforesaid, That there be constituted and
established in each and every district within this province, a court of record, which shall be
kriown by the naine and style of the district court of each respective district, to be holden
by one or more judge or judges to be appointed under the great seal of this province.
III. And be it further enacted by the authority aforesaid. That the said courts shall
hold plea in all matters of contract, from forty shillings to fifteen pounds ; and when the
amount is liquidated or ascertained, either by the act of the parties, or the nature of the
transaction, to forty pounds ; and also in all matters of tort respecting personal chattels,
when the damages to be recovered shall not exceed fifteen pounds, and the title to the
lands shall not thereby be brought into question.
IV. And be it further enacted by the authority aforesaid. That the periods of sitting, or
^ernis for the said court, in each and every year, shall severally commence on the Mon-
^aj in the week next but one preceding the week, and at the place, in which the quarter
^ssions are respectively holden in each district, and shall end on the Saturday in the
same week.
V. And be it further enacted by the authority aforesaid. That in all actions not bailable,
^e course and proceedings in the said courts shall be by summons issuing in the Kins's
QOffie, directed to the sheriff of the district where the court shall be holden, tested in the
'^^e of the first judge of the said court, which may be in the following form :
District, to wit : George the Fourth, by the grace of God, of the united kingdom Form of i
^' Great Britain and Ireland, King, Defender of the Faith. — ^To the sheriff of said district,
^^^ting:
' We command you that you summon A. B. to appeaf, either in person or bv his attor-
Digitized by
84tiiGeo.ni,c8;87di
Geo. III,c6;S8thGeo.
Ill, c8; 5UtGeo. Ill,
c6,8l; 69UiGeo.III,
C 9, repealed.
Diatriet
bliihed.
COWtA •gitk'
JoriadietioBof Uie taid
COQltt.
TemiB of sitting.
CoMM ofpror— diag ia
MtioM not baiUJeT
Google
C. 2.— SaooND Year of Gsorob IV.— 1832.
[Bmoamti SsMmtr,
<See ad Gea lY, c 7.)
Service of.proceta.
Appeanmee maybe en-
tered by pbdntUr for
defendant.
PlaJBtiil may in default
of defendant*! appear*
anee, sign judgment.
Defendant may appear
and plead.
Appearance and nlea of
the ^neral issue oy de-
fendant.
Writs of capias ad re-
spondendum and ad sa-
tisfiieieBdam mayissue.
Affidavit to be made
previous to suing out
capias ad responden-
dum or satisfaciendum.
Bail bond to be taken
und assigned.
Time for and manner of
parfecting bail.
Bail may jnstify by affi-
davit
Bail may be reliavad on
applicaUte to the said
courts.
Otodtfatfion may be fiU
ed de bane esse and de*
fendant bound to plead
within two days after
bail perfected, without
«nj aciMod of plea.
ney, at our district court, to be hdden at , in the said district, on die day of
[next or instant, as the case may be, being some day in teim] to answer to
the complaint of C. D. in a plea of , as the case may be, [here state the cause of
action,] to the damage of the said C. D. of * for which he brings the suit."
VI. And be it further enacted by the authority aforesaid. That the said process shall be
personally served on the defendant or defendants, by a literate person, at least eight days
before the return day thereof, and in case the defendant or defendants shall not aj^ar,
either in person or by attorney, on the return thereof, it shall and may be lawful for the
said plaintiff, or his attorney, on the day next after such return day, upon affidavit made of
the service of such process, to enter an appearance for such defendant or defendants, and
on the day next after the entry of such appearance, in case the defendant shall not have
appeared and discharged the costs of such entry, either in person or by his attorney, it
shall and may be lawful for the plaintiff to sign judgment.
VII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the defendant or defendants, his or their attorney, to appear on the return day
of the writ, and file his plea, on or before the third day after such appearance, which in
case the same shall be an action of assumpsit, and he means to defend the suit, and to plead
the general issue, may be in the following form :
^' The said A. B. appears in person, or by G. N. his attorney, and says he made no such
promise."
And in default of a plea, upon the third day after such appearance, it shall and may be
lawful for the plaintiff to sign judgment.
YIII. And whereas it is expedient to authorize the said courts to issue writs of capias
in all actions of contract within their respective jurisdiction ; be it therefore enacted by
the authority aforesaid. That the said district courts and each and every of them, are hereby
authorized and empowered to issue writs of capias ad respondendum in all actions of con*
tract within their jurisdiction, and in like manner to issue writs of capias ad satisfaciendum,
on all judgments regularly entered in said courts, or which at any time^hereafter may be
so entered.
IX. And be it furthei* enacted by the authority aforesaid, That before any such writ as
aforesaid shall be sued out, the same affidavit may by law be required to authorize the
issuing of a like writ from the court of king's bench in this province, shall be made before
a judge of the district court, the clerk thereof, or before a commissioner of the said court
of king's bench, duly appointed to take affidavits, and the said affidavit so made, shall be
filed with the aforesaid clerk.
X. And be it further enacted by the authority aforesaid. That the sheriff to whom a
writ of capias ad respondendum, issuing out of any district court, may be directed, shall
take bail thereon, and assign the bail bond, if required, in like manner as the law does or
shall direct in cases where the like process may be issued from the said court of king's
bench, and such assignment shall have the like validity and effect in the one instance as
in the other.
XI. And be it further enacted by the authority aforesaid. That the defendant oi* defen-
dants in every bailable action shall be allowed, two days after the return of the writ, to
enter and perfect bail to such action, and to give notice thereof to the plaintiff or plaintiflfe,
or his or their attorney, and the recognizance of such bail shall be the same in substance
as the recognizance taken in the said court of king's bench, and maybe acknowledge be-
fore any judge of the district court issuing the writ, or before a commissioner of the said
court of king's bench, duly appointed to take recognizances of bail in the same district. .
XII. And be it further enacted by the authority aforesaid. That all affidavits of justifica*
tion of bail may be taken before a judge of the said district court, or before the clerk
hereof, or a commissioner for taking affidavits in the court of king's bench, and shall be
duly filed by such clerk, and the practice of the said court of king's bench shall be the
rule of decision in all matters respecting the justification of such bail.
XIII. And be it further enacted by the authority aforesaid, That each of the said dis-
trict courts shall have power to grant such relief to the debtor, the bail to the sherifis, or
the bail to the action, as might be done by the said court of king's bench, in case such
action had been instituted in the said last mentioned court.
XIV. And be it further enacted by the authority aforesaid. That the plaintiff or plain-
tifis may file a declaration de bene esse in any suit where a capias in the first instance shall
issue, and if the defendant or defendants shall enter and perfect bail to the action in due
time, as hereinbefore mentioned for that purpose, he or they shall be bound to plead to
such declaration, within two days after the perfecting of such bail, without any demand of
plea, and the conditional filing of the said declaiation shall in no case discharge the defen-
dant or defendants from the nec^itv of entering and perfecting bail to the action afore-
said. ^^'
Digiti
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Coart may mnt far-
ther time to piead.
diunagei to be given,
and two dajt ecranter-
Emhih PABMAWBirr.] C. 8* — Sboovb Ysar or Gboros IV. — 18S2. S0T
XV. And be it iiirthereiiaetod by the authority aforesaid^ That whenever the amount Actiont may be pnv
of the penalty of the aforesaid bail bond, to be taken by the sheriff, shall exceed the sum SSk^^Jt^i^fS^
of forty pounds, an action <m such bail bond, so exceeding the said sum, may be brought ^ u^ the said cowte,
in the aforesaid court, and proceeded upon to final judgment and execution as in other ^£^^£4a ^^^^^
Actions therein, any thing herein contained to the contrary notwithstanding.
X VL And be it further en^ted by the authority aforesaid, That where there are mutual Notiee of
debts between the plaintiff and defendant, or if either sue or be sued as executor or ^ s'^^-
administrator, when there are mutual debts between testator and intestate, and the other
party, one debt may be set against the other, and such matter may be given in evidence
on the general issue, so as at the time of pleading the general issue, when any such debt
is to be insisted on in evidence, notice be given of the pai-ticular sum or debt so intended
to be insisted on, and on what account it became due.
XVII. And be it further enacted by the authority aforesaid, That in all cases where the
defendant or defendants shall enter, or cause his or their appearance to be entered, at the
return of the writ, it shall and may be lawful for him or them, on motion made in court,
to be supported by affidavit, to apply for further time to put in their plea, which motion
the court shall be at liberty to grant where sufficient cause shall be shewn, and also to
impose such terms on the defendant as justice may require.
XVIII. And be it further enacted by the authority aforesaid. That four days' notice of Four di^t' notiee of tri*
trial sDd assessment of damages shall be given to the defendant or defendants, of every ^ *^ atteMment of
issue to be joined in the said court, which notice may be lawfully countermanded, pro-
vided such eoontermand be served on the defendant or his attorney, two days before the
lime appointed for the trial of the said issue or the assessment of damages.
XIX. Provided always, and be it further enacted by the authority aforesaid. That when
the plaintiff, having given notice of trial and not having countermanded the same, within
the time aforesaid, shall neglect to enter the cause, and bring forward the said issue for
trial, he shall pay to the defendant or defendants, all reasonable costs and charges by him
incurred on account of such notice, and in case the said plaintiff shall not give fresh
notice of the trial of the said issue on or before the third day of the term next ensuing, it
shall and may be lawful for {the defendant to move for, and the court to give the like
judgment, as in case of a non-suit.
XX. And to the end that the trial of all issues to be joined in the said court, as well
as the assessment of damages upon judgments obtained by default as aforesaid, may be
had at the most convenient time and place, it shall and may be lawful for the judge pre-
siding in the said court to issue his precept to the sheriff of the district, at least seven
days before the week in which the sessions are holden, requiring him to summon, and
the said sheriff shall, and is hereby required upon receipt of such precept, to summon,
not less than thirty-six nor more than forty-eight Jurors, living within the said district, to
be and a[^ar in the town or place where the quarter sessions are usually holden, on the
same day on which the said sessions do severally commence to be holden, from whom a
jury shall be taken for the trial of each issue, a»l the assessment of damages, in like
manner as directed in all cases to be tried at nisi prius, and each person sworn for the j^J)!^'io
trial of any issue joined, or for the assessment of damages, as aforesaid, shall be entitled '
to receive six pence, and no more.
XXI. Provided always, and be it further enacted by the authority aforesaid. That in all
actions upon promissory notes, when judgment by default shall be signed in the said dis-
trict courts, it shall and may be lawful for the judge of the said court, in term time only,
upon proof of the service of notice of such intended proceeding, to compute the principal
and interest due on any such note or notes, and proceed to final judgment and execution,
in the same manner as if the damages had been assessed by a jury, any thing to the con-
trary thereof in any wise notwithstanding.
XXJI. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the party for whom any verdict shall be rendered, or his attorney, to sign &nal
judgment on the third day of the term next after the giving of the said verdict, and to
proceed to sue out execution inunediately.
XXIII. And be it further enacted by the authority aforesaid, That when the party
defendant shall have any material or just cause to show why judgment should be arrested,
or the party plaintiff or defendant, any such cause to show why a new trial should be had,
it shall and may be lawful for the said party, either in person or by his attorney, on the
first or second day of the term next ensuing the said verdict, to move the court, on
grounds to be supported by affidavit, for a rule to show cause to the effect above men-
tioned ; and in case the court shall see sufficient grounds for the granting of such rule,
notiee thereof shall be served on the opposite party, or his attorney, and on hearing the
parties, the said rule shall be made absolute, or discharged, in the course of the said term.
XXIV . And in order to enforce obedience to the orders of the judges of the said courts,
be it therefore enacted by thb authority aforesaid. That it shall and may be lawful for the
Digitized by
Cotta nay be awarded
for not proeeediai^ to
trial portaant to notiee.
JndgmeBt as in ease of
a non-rait nay be KiTtB
Jadgef of tbe nid
courts to itane tbeir
precept to tbe tberifi
of tbeur respeetire dis-
tricts, to summon not
more tban forty-eig;fat,
nor less tban tbirty-siz
jurors, to appear at tbe
time ttud puce of bold-
ing tbe general (jnarter
reeeire six
pence eacb.
Judges may compote
principal and interest
on promissory notes,
where judgment by de-
fault bas been signed,
and give final judpnent
witbottt tbe mterren-
tion of a jury.
Plaintiff nay
judgment on rardiet,
on the tbiid day of tbe
term next after trial.
Either plaintiff or de>
fendant may more in
arrest of jndgment, or
for a new trial ;
and court on suAcient
grounds may grant tbe
Google
Conrte ■m.y iMue wi-
toehmenti hi certain
cases of contempt.
But pivty offending not
to be fined more than
JCIO, or imprisoned
beyond one month.
No commissions or
proeeedings to be
aroided by this act.
Tbbleoffeef.
€. £.— Smomd YsAft OF Obmob IV.~1823. [Smmb .ymmm^^^
jGdge or judgM «f tlie iaid couHs r^f^iiv^^ and tHey are hmBirf MiboriMd, upob due
proof of disobedieace to the regular order of tbye Band courts, or df anj witfal aonteiiipt
or resistance to the regular process or order of the said courts, to proceed agafasi the
parties so withstanding, disobeying, or offending, by attachment to be directed to the
sheriff; and in case the sheriff shall be party in the said process or order, to be directed
to the coroner of the district, who is hereby authorized and required to execute the same ;
and upon the appearaOice of the said party so offending, upon the return of the said attach-
ment, it shall and may be lawful for the judge issuing the same, to proceed thereoD in the
same manner as is now practised in the court of king's bench.
XXY. Provided.always, and be it further enacted by the authority aforesaid, That Ae
said judge or judges respectively shall not have power or authority to order the party
offending to be fined a greater sum than ten pounds, nor be imprisoned a longer period
than one calendar month.
XXVI. Provided also, and be it further enacted'by the authority aforesaid. That nothing
in this act contained shall extend, or be construed to extend, to annul or make void any
existing commission of judge of the district court in any district in this province, or to
interfere with or obstruct any proceeding now depending in any district court in this pro-
vince ; but that this same shall continue and proceed as if this act had never been passed.
XXVII. And be it further enacted by the authority aforesaid, Thatnt shall and noay be
)$Mrful for the persons hereinafter named, to demand and receive the following feea ;
'""**''• £ ». rf.
On every writ of capias ad respondendum and summons issued, 0 9 6
For every special motion, 0 5 0
Taxing costs and entering final judgment, 0 10 0
iSvery verdict of jury, 0 5 0
Taking recognizance of bail, 0 1 6
Taking every affidavit, 0 1 0
commissioneh.
Taking recognizance of bail, 0 1 6
^ Taking affidavit, 0 I 0
ATTOHmEY.
Instruction to sue or defend, 0 5 0
Declaration, 0 4 0
Copy of every paper, half the amount allowed for the original.
General issue, appearance, interlocutory judgment, notice of set off, cogno-
vit, or entering final judgment, 0 2 S
Every special plea, 0 0 3 9
Every notice, 0 1 0
Drawing bill of cost, > 0 1 0
Every necessary attendance, .' « 0 1 0
I Special motion, O 5 0
Brief and fee, 0 10 0
Drawing bail piece, 0 4 0
Recognizance, 0 2 0
Drawing affidavit, ^ 0 9 6
SHERIFF.
For every jury sworn, 0 4 0
Service of summons of capias, ••• 0 2 6
Piling every execution, 0 5 0
Poundage on all writs of execution, at 2 J per cent.
Mileage, do. do. four pence per mile.
Returning writ of execution, 0 1 0
fiail bond, 0 2 6
Assignment thereof, 0 1 0
CLERK.
Every writ of summons, subpcena, or capias ad respondendum issued, and
filing praecipe therefor, 0 2 6
Filing every other separate paper,, • 0' 0 6
Taking verdict, 0 2 6
Entering judgment, 0 2 6
Taking every affidavit, 0 1 0
Every writ of execution and filing praecipe, O 5 0
CRIER.
Swearing jury, -....• 0 I 0
For calling each cause, 0 ^0 4
Digitized byVrjOOQlC
fmiTR PA«MAinBNT.]
C. S.^^-SKCQir]> YSAK QW OSOBOB IV*—
am
XXVIII. And be it £^rtber enacted by the aatkority afbreaidd. That no person whatso- no other fe^to be ai-
ever shall claim or be entitled to any other or greater fee for any business done by him in ^ow^^ than thpte ena-
the said district court, whetlier as judge, commissioner, attorney, sheriff, clerk, or crier, "*»*«^"**^*«*'
than is set down for him in this act^ or any fee for any business done by him in the said
coart, other than the business which is prescribed and directed by law, nor shall any such
fee be allowed in any bill of costs.
(Amended by 4tli Geo.
IV, c 6.)
Preamble.
Cbapter ITI.
An act to rqp^eal part 9/ and amend the laws now in force for the raising and training
the militia of this province.
[Passed Janaajy 17, 1822.}
WmcBSAS it is expedient to repeal part of, and to amend the laws now in force in this
province, for the regulation of the miutia ; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, "An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the pro-
vince of Quebec, in North America, and to make further provision for the government of
the said province,' " and by the authority of the same, That from and after the passing of -£ *k* ia a*
this act, so much of the fifth clause of an act passed in the forty-eighth year of his late iSCf* ^d p5i^*^ Si
Majesty's reigp^ entitled, ** An aet to explain, amend, and reduce to one act of parliament, ^ iiy^i"Je^!Lta*>
the sever^ laws now in b^g for the raising and training the mAitia of this province,'' as * >^ ,n!j»i^.>
reqiures the militia to be called out annually on the fourth day of June, and also the thir-
teenth clause of the s^id act, and so much of the fourteenth clause of the said act, as
directs that eveey person who shall be enrolled, of any regiment, battalion, or independent
compaaj, shall within six months thereafter provide himself with at least six rounds of
pawder and hall, be, and the same are, hereby repealed.
II And be it further enacted by the authority aforesaid. That the militia shall, frotft iiirj,:*..4«v^, ,u^ ^..
1 r 1^^ • r t' iiii 11 at^ j. a ^1 • J J r A 'i Militi* to De called out
and after the passmg of this act, be called out annually, on the twenty-third day ot Apru, annuaUy on tbe 23d of
ibr review, or in case it should happen on a Sunday, then oa the next day, and that any -^P"^*
person ne^^tin^ or refusing to attend, except in ease of sickness, or having obtained leave *"
of absence, shall be liable to be punished for such neglect or refusal in the manner pointed
out by the said reeited act.
III. And he it fur Aer enacted by the authority aforesaid, That if any non-commissioned
offieer or private he guilty of drunkenness, or shall neglect or refuse to obey the lawful
orders of hia superior officer or officers, when on militia duty, or shall quarrel with, or
iosult by abusive words or otherwise, any officer or non-commissioned offieer at any mus^ . ^
t^r OF training, whether in regUDE^ent, battalion, or coippany, it shall and may be lawful fo« ^^^ ^^ iwa&rtwo.
the commanding officer then preaent, to direct such non-commissioned offi<cer or private to
be forthwith taken into custody, and committed to the common gaol of the district for a
time not exceeding two days, there to remain without bail or mainprize ; and it shall be
the duty of the aheriO^ or his gaoler, to i-eceive such nooreommissioned officer or private
into the said gaol, and there to detain him during such .period as shall be specified in a
warrant from the said commanding officer, not exceeding the said term of two days, or if
the said commanding officer of the regiment or battalion shall deem it more expedient to
punish such offender or offenders by fine, it shall and may be lawful for the said com-
manding offieer to direct a board of officers, consisting of one captain and three subalterns,
to assemble to try such offender or offenders ; and if such offender or offenders shall be
convicted of the offence or offences alleged against him or them, it shall arid may be lawful
for the said board to impose a fine upon such offenders, or any of them, of any sum not
exceeding five pounds nor less than ten shillings, to be levied by warrant under the hand
and seal of the officer presiding at the said board, of the goods and chattels of the offender
or offenders, and in. default of such goods and chattels, the person or persons convicted
shall be committed by the officer presiding at the said board to the common gaol of the
district for a term not exceeding one calendar month, nor less than five days, unless such
fine and all reasonable costs are sooner paid.
IV. And be it further enacted by the authority aforesaid, That if any non-commissioned
oflScer or private, who may be ordered to apprehend or escort to gaol any offender who
may be ordered to be committed under this act, shall neglect or refuse so to do without a
good and sufficient excuse, to be allowed by the commanding officer of the regiment, he
shall, if a non-commissioned officer, be reduced to the ranks, and shall be subject to a fine
of one pound, and if a. private, he shall forfeit and [jay the sum of ten shillings, oi^ con-
viclio^befcj;e aixy twa of his Majesty's justices, of the peace,, to be levied in the same
Digitized by
Any nnD-commiBsionetf
officer o^ prirate guilty
of dnmkenneii| of dis"
obedience of oifS^ onr
Buy b«
may dirtct a
oCoffic«n to atMAUfr
and try offendergv wd
to iflipoae a fine cok d«-
linqMBtt not. «x«a«;4-
inc; £A% SMB !•■» lJu».
10a.
Fiaea i^. be laviad. hjt
wasraat sndea ih» hand
of the commanding o^
fioer;
and in default of gpod v
paraon coDviated to bei
uopraMned not longar.
than ooc^ aMmtlkr imcv
leaa than fiv» daya.
8ae 89^ Oa^ III,.e
^
Google
300
C. 3.— SSOOND YXAR OF GSOHOE IV.— 1822.
[SeOCWD SttSIOH,
Boud of offieen trying
an offender, to take the
following om.
Oath.
BT, at a C(
lor
aation lor hit troob
provided the tame do
note<eeed£6.
(Repealed at to the
a|>poitttment of cleric,
by 4th Geo. IV, c 5.)
A cleriE and teijeant
major to be appointed
to each reciment.
Who ihalTbe exempted
from balloting for actn>
al terrice.
Doty of inch elezk and
teijeant mi^jor.
Commanding officers of
tegimentt or battnllont
to make retomt of the
ttate of their regimentty
within one month after
general traininn, and
an accoont of alfmoniet
reeeived and exoended
on aeeount thereof,
with proper TOttchert.
OAcen oommanding
eompaniet to trantmK
twice a year to the offi-
cer eommanding their
regimentt, retomt of
the ttrenjsth of their
eompaniet, and of their
aecontrementt, accord-
ing to the form* pre-
teribed hy the adjutant
manner as all other militia fines may now be levied bj such justices of the peace ; and in
default of goods and chattels sufficient to satisfy such fine, the person or persons convicted
before such justices of the peace, shall and may, by warrant under the hands and seals of
such justices, be committed to the common gaol of the district, for a term not exceeding
eight days nor less than one day, or untu the fine and reasonable costs are paid, not
exceeding the said period of eight days.
y . And be it further enacted by the authority aforesaid. That all officers who may be
appointed to compose any board for the trial of any offender or offenders under this act,
shall before proceeding to the trial of such offender or offenders take the following oath:
" I do sincerely promise and swear, that in all such matters as shall be brought before
me for trial, under the- militia laws of this province, I will faithfully act accordmg to the
best of my judgment, agreeably to the said laws, without favor or partiality to any person.
So help me God."
Which oath may be administered by any one member to the other members of the said
board.
Commanding oficera to
appoint a clerk to each
companr.
Duty of tnch deriu.
GlenE niAT receiTt not
to exceea one fifth of
the finet colleetedinhit
VI. [Repealed by 4th Geo. IV, c 5.]
VII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the colonel or officer commanding any regiment or battalion of militia to appoint
a Serjeant major and clerk for such regiment or battalion, and to displace such seijeant
major or clerk, and appoint others in their room, as he shall see occasion, and the seijeant
major and clerk for the time being, shall be exempted from all balloting for actual service;
and it shall be the duty of such seijeant major and clerk to attend all musters or trainings
of the regiment or battalion to which they may belong, and to execute the orders of tbeir
commanding officer in all matters touching or belonging to the duties of their respective
situations.
VIII. And be it further enacted by the authority aforesaid, That the colonek or officers
commanding regiments or battalions, shall, within one month after any eeneral training,
make out and transmit to the adjutant general of the militia, for the information of the
governor, lieutenant governor, or person administering the government, returns of the
strength of their regiments or battalions, and also returns of arms, and an account of all
fines collected or paid to them, and of the expenditure thereof, with certified copies of the
vouchers for such expenditure ; and all captains or officers commanding companies are
hereby required to make out and transmit to the officer commanding the regiment or
battalion to which such companies belong, twice in every year, viz. on or before the
fifteenth day of March and the fifteenth day of September, and as often ftirther as required
by the commanding officer of the regiment or battalion, returns of the strength of their
respective companies, with fair rolls thereof, and also returns of arms and accoutrements ;
and all forms of returns prescribed by the adjutant general of militia, shall be umfoimly
adopted.
Ooinpaniet to he diri-
ded mto two cJattet.
Flank eompaniet to he
fotned.
In time of war, by bal-
lot, nntett a tomcient
mnber Tolunteer.
Flank eompaniet to be
tnpplied with armt in
preference to any olh-
ert«
Flank eompaniet may
be called oat ten timet
a year, and then ex-
empted from ttatnte la-
bor and parith officet.
Thit act not to inter-
fere with any appoint-
ment held at the time
any penon may be at^
tached to a Sank com-
Ebtot
• to be made oat by
which aMn nwy be call-
ed into actual tenrice.
Manner of balloting.
IX.
X.
XL
[Repealed by 4th Geo. IV, c 5.]
XII. And be it further enacted by the authority aforesaid. That when any arms or
accoutrements may be issued from his Majesty's stores, for the use of die militia of tUs
Digitized by VniJOQ IC
Ei«BXH Paxuamsht.]
C. S. — SsooBTB YsAR OF Gborg£ iy.--1822.
801
AnM (or tlM Hie of the
militia to be deliveied
to Uie officers eoetmeii-
ding companies, wlfto
are to be retponsible
tberefor to the officer
comuandiiu| their ret^
pective regimc&ts;
and commanding; offi-
cers of regiments to be
answerable to the adju-
tant general.
Xm. [Repealed hj 4th Geo. lY, c 5.]
province, die officer commanding the regiment or battalion for whose use the same may
be iflsned, dudl, after the same have been received, deliver the same into the care and
custodv of the officers commanding companies, who shall be considered responsible for
their safe keeping, and for their being kept in good order and repair ; and if anj of the
said arms or aceontrements shall be lost or rendered unserviceable, the officer responsible
for the same shall be answerable to the commanding officer for the value thereof, which
may be recovered by the said commanding officer, in any action to be brought for that
purpose : Provided nevertheless. That if such responsible officer shall furni'^h arms and
accoutrements of the like description and value as those which may have been lost or
rendered unserviceable, the same shall be taken and accepted in lieu thereof, and the
officers commanding regiments or battalions shall in like manner be accountable, and may
be called to account, by the adjutant general of militia, for any arms or accoutrements
received by them for the use of their respective regiments : Provided nevertheless. That
DO person shall be liable for any arms or accoutrements under this act, who shall make it
sa.tisfactorily appear that the same have been injured or lost from accident, and not from
amy ne^ect or misconduct. ^^^ ^ ^^^ ^^^
euics to Judge arma»
c. in some conreniect
place within the limits
of his company, from
whence they may be
deliTered to the men,
who are to be responsi*
ble totheir officer there-
for, and to return them
to the same pfaMse with-
in twenty-tour hours
after master.
Penalty of 2s. Gd. for
each day's neglect.
And io uefault of goods
to satisfy penalty and
costs,party may be com-
mitted for a period of
not more than twenty
days.
XIV. And be it farther enacted by the authority aforesaid, That the colonel or officer ^^^^^tsSiyTrf^^^^^
ccMnmanding any regiment or battalion shall once in every year, or as often as he may think inspection of the arms
necessary, besides the usual days of training, order an inspection to be made by the adju- oftcJaMiieyTO^Uunk
tatnt of the regiment or battalion, of such arms and accoutrements as may be in the possession »t necessary.
of the regiment, and report the slate thereof for his information.
XV. And be it further enacted by the authority aforesaid, That the necessary and Expenses of ^^^
unavoidable expense of keeping the anns and accoutrements of each company in proper S^ld"by^e**compa-
onler and repair, shall he borne by each company respectively, and may be charged and JJ*1/***P*^'*^"'J; ^
recovered against the men of such compan)^ respectively, by the officer commanding the i*«oTera
company, before the court of requests; but no militia-man shall be liable to keep more
than one stand of arms and one set of accoutrements in order and repair.
XVI. And be it further enacted by the authority aforesaid. That it shall he lawful for
Ifte commanding officer of each regiment or battalion to allow to the adjutant thereof the
sum of ten pounds per annum, out of any fines which may be collected in the regiment, or
in case suclr fines shall not amount to that sum, the adjutant of each regiment or battalion
shall be entitled to receive the same from and out of the district treasury, on producing to
the treasurer annually a certificate from the field officers and at lea^t four captains of the
regiment or battalion, that such adjutant is duly qualified, and has punctually attended and
discharged the duties of his situation.
XVII. And be it further enacted by the authority aforesaid, Tliat the adjutant of any
re^'ment or battalion may hold the situation and rank of captain in the same.
A VIII. And be it further enacted by the authority aforesaid, That if any person or
persons shall wilfully interrupt or molest any regiment, battalion, company, or detachment
fore the court
quests.
of re-
( Repealed by 4th Geo.
IV, c 6.)
Adjutants of each regi-
ment to reccire ten
pounds per annum for
their scnrices.
be punished m the s
manner as militia-men
insulting their officers.
Adiutant may hold the
rank of captain in his
regiment.
Persons molesting any
militia exorcise, may
Of militia, when mustered or at exercise, or on" any duty prescribed by ^^e laws of tWs ^.JSISSdrnV^^^^
province, it shall be lawful for the commanding officer of such regiment, battalion, com- *^ • .^-^- •
pany, or detachment, to confine such person or persons during the continuance of such
exercise or muster, if necessary to prevent the continuance of such insult or interruption ;
^d the person or persons so confined shall be liable to be punished in the same manner
^ heretofore provided for, in cases of persons insulting an officer in the execution of his
duty.
XIX. And be it further enacted by the authority aforesaid. That no officer who has j^jiiti^^ndnulitaiyof-
Wn, or who may be hereafter cashiered, by the sentence of a general court martial, or gccrs who haTej&ocn
Mio may be dismissed his Majesty's regular service, shall be entitled to any rank or pri- gJ^J'^^'iec/nM^c'^^
^ilege from having held such commission, or exempted from enrolment, or the performance empted from* serving in
Of the duties of a private militia-man, unless the g|ovemor, lieutenant governor, or person *%;:;", ^h^jj^'j^hij!
^ministefiiig the govenment, shall direct otherwise. wise direct. r^lr-%
H» Digitized by VnUOvlC
80S
C. 4, 5. — Second Year of GsoftGX IV.— 182S.
[SacxmD SisMoir,
TIm ftrwaor, UMten-
mt goviiivof » orpMwm
•dministerlBg the «h
Tenun«nt, may appoint
a laiigMii to eaen regi-
ment, and offie^n to
eommand and inapeet
the wh<rfe, or any num-
ber of the legimeaCs of
militia in tiiia proTinee.
4Stb Geo. in, c 9, 8 1,
repealed.
Appointment of eolo-
nels, lieutenant colo-
nels, majors, and staff
officers, to train the
militia.
Respeetire ranks for
the militia officers, with
officers in his Majesty's
service.
Officers to take the
oath of allegianee in
qoarter sessions.
No existing eommis-
sionto be made void
by this act
No person to treat mi-
litia-men with any
spiritnoiis liqoors when
cm doty.
This act to eontinue in
force four yean.
XX. And be it further enacted by the authoritj aforesaid, That it shall and maj be
lawful for the governor, lieutenant governor, or person administering the government of
this province, from time to time, to commission and appoint a surgeon to each regtment or
battalion of militia, and to appoint proper officers to command and inspect the regiments or
battalions of militia throughout the province, or to Umit the comm|nd and inspection of
such officers to a particular number of regiments or battalions, or to ttie inspection or
command of all the regiments or battalions in particular divisions of the province, as maj
be most convenient, fit, and proper ; and all such officers, when so commissioned and pub-
lished in general orders to the militia, shall be obeyed in all things lawful by all perBons
who shall be so placed under their respective command.
XXI. And whereas for the more effectual co-operation of the militia with his M^stf^
regular forces, it has been found necessary, in time of actual service, that Uet^iraaBt
colonels in his Majesty's regular army should rank above all militia officers, and it may
also be expedient in case of the appointment of inspecting field officers, to traon and disci-
pline the said militia, that the same regulation should prevail in time of peace ; be it further
enacted by the authority aforesaid. That the first clause of the above recited act of die
parliament of this province passed in the forty-eighth year of his late Majesty's reign,
entitled, ^^ An act to explain, amend, and reduce to one act of parliament, the several laws
now in being for the raising and training the militia of this province,'' be and the sanoe is
hereby repealed ; and that from and after the passing of this act, the governor, lieutenant
governor, or person administering the government of this province, shall and may, irom
time to time, constitute and appoint under his hand and seal a sufficient number of coloneb,
lieutenant colonels, majors, staff and other officers, to train, discipline, and command the
militia of this province, according to the rules, orders, and directions contained in the
militia laws of this province, and the officers so appointed, and also those already appointed
to the militia, shall rank with the officers of such of his Majesty^s forces as may for the
time being serve within this province, as follows, namely : the colonels and lieutenant
colonels of the militia to take rank after the lieutenant colonels of his Majesty's regohr
forces, and all other officers of the militia, as youngest of their respective radcs, which
said officers respectively shall, within six months after their several appointments, take the
oath of allegiance prescribed by law, before the magistrates assembled in quarter sessions
within the district to which such officers respectively belong: Provided always, nevertiie-
less. That nothing herein contained shall extend to annul or make void any existing
commission or appointment in the militia of this province.
XXII. And be it further enacted by the authority aforesaid, That no officer, non-com-
missioned officer, private militia-man, or other person, shall directly or indirectly give to
or treat with rum or other spirituous liquors any militia-men assembled under the autho-
rity of this or any other militia law of this province.
XXIII. And be it further enacted by the authority aforesaid, That this act shall be and
continue in force for the space of four years, and from thence to the end of the then nest
ensuing session of parliament, and no longer.
Chapter IV.
An act to render indigUde to a seat in the commons house ofassenMy of this prortnce,
certain descriptions of persons therein mentioned.
[Repxalxd Br 4th Geo. IV, Ch. 2 ]
(See 87Ui Geo.
18.)
PMunble.
Ghaiiter V.
iih c -An oiAto repeal part of and amend an act passed in the thirty^eventh year of his late
Majesty^s rdgn^ entitted^ " An act for the better regulating the pradice of thektw^^^
and to extend the provisions of the saine.
[Paued JMiwiy 17, 18B.)
Whkrsas it is expedient to repeal part of and amend sxk act passed in the thirty-seventh
year of his late Majesty's reign, entitled, " An act for the better regulating the practice of
the law, and to extend the provisions of the same;" be it therefore enacted by the Kill's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, '^ An act to
repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
^ An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That the treasurer ssA benchers of the law society, for
Digitized by VrjiJOV IC
EiOBTH Pabjliabisnt.]
C. 6, 7.— SscoND Year of Gsorge IV. — 1832.
808
tbe time being, and their successors to be nominated and appointed according to the rules
nd by-laws of the said society, shall be, and they are hereby declared to be, one body
torponte and politic, in deed and in law, by the name of the law society of Upper Canada,
and shall have perpetual succession and a common seal, with power to change, alter, break,
or make new the same, and they and their successors, by the name aforesaid, may sue
and be sued, implead and be impleaded, answer and be answered unto, in all or any court
or courts of record and places of jurisdiction within this province; and that they and their
successors, by the name aforesaid, shall be able and capable in law to have, hold, receive,
enjoy, possess, and retain for the end and purposes of this act, and in trust and for the
benefit of the said society, all such sum and sums of money as have been paid or given, or
shall at any time or times hereafter be paid, given, devised, or bequeathed by any person
or perscms to and for the use of the said society ; and that they and their successors, by
the name aforesaid, shall and may at any time thereafter, without any license of mortmain,
purchase, take, receive, have, hold, possess, and enjoy any lands, tenements, or heredita-
ments, or any estate or interest derived or arising out of any lands, tenements, or heredi-
taments, for the purposes of the said society, and for no other purposes whatsoever ; and
may abo in the same manner, sell, grant, lease, demise, alien, or dispose of the same, and
do or execute all and singular other matters and things that to them shall or may appertain
to do.
U. And be it further enacted by the authority aforesaid, That so much of the fifth
clause of the said act passed in the thirty-seventh year of his late Majesty's reign, as
respects the admission of persons to practise in this province, who have been duly admitted
to practise at the bar of any of his Majesty's courts in England, Scotland, or Ireland, or of
any of his Majesty's provinces in North America, shall be and the same is hereby repealed ;
and that fiom and after the passing of this act, it shall and may be lawful for any person
having been duly called to jM-actise at the bar of any of his Majesty's superior courts, not
having merely local jurisdiction in England, Scotland, or Ireland, or in any of his Majesty's
provinces in North America, in which the same privilege would be extended to barristers
from this province, on [H'oducing sufficient evidence thereof, and also on producing testi-
monials of eood character and conduct, to the satisfaction of the law society of this province,
to be called by the said law society to the degree of a barrister, upon his entering himself
otihe said society, and conforming to all the rules and regulations thereof. -
IIL And be it further enacted by the authority aforesaid. That the sixth clause of the
said act passed in the thirty-seventh year of his late Majesty's reign shall be and the
same is hereby repealed ; and that from and after the passing of this act, no person shall
be admitted by the court of king's bench to practise as an attorney in this [H'ovince, unless
upon an actual service under articles for five years, with some practising attorney in this
province : Provided, nevertheless, That nothing in this act contained shall extend, or be
coostnied to extend, to any student now serving with any person in this province, duly
authorized to take a clerk, and who shall have been proposed or entered on the books of
the law society as a student.
•n of Um kw loeMty
iMoipontcd.
To iMFe a eominoii leaL
Bfay hold lands to th«
IU6 of the aoeieCy.
(6th seetion 87th Geo.
Ill, e 1S» lepealod in
part.)
Certaia penoBi eoaa-
ing fron Ghwat Britaia,
Irehuid, or British pr»-
rineof in Ameriea, may
h« called to the har ia
this proTmce.
(6th teetloB 87th Cko.
Ill, c 18, repealed.)
No person to be admit-
ted to praetise as an
attoraej, under fire
years' actual serrice.
(As to John BosweU,
see 4th Geo. IV, c 88.)
Chapter VI.
An act for assigning limUs to the respective gaols within this province.
[Rbpbai.x]> by 11th Gso. IV, Ch. a]
Chapter VII.
An act to amend an act passed in the fifty-ninth year of his late Majesty^s reign^ and ^g^ gj^^j^ q^ ,„^ ^
promulgaied by prodamatton, bearing date the ttoenty-first day of Aprils in the year of 24; aUo, 4th Geo. iv,
out -Lord one thousand eight hundred and twenty-one^ entitled^ '^ An act to incorporate ^ ^^'^
sundry persons under the style and title of the president^ directors and company of the
ba$ik of Upper CanadaJ*^
[Passed Jaanary 17, 1322.]
WHSRSIA.S by an act of the parliament of this province, to which the royal assent was
eooununicated by proclamation, bearing date the twenty-first day of April in the year of
oar Lord one thousand eight hundred and twenty-one, and in the second year of his
Uaiesty's reign, entitled, *^ An act to incorporate sundry ^rsons under the style and title
of Uie president, directors and company of the bank of Upper Canada," it is amongst other
things enacted, that as soon as the amount of fifty thousand pounds shall have been sub-
scril^d towards the stock of the said bank, it shall and may be lawful for the subscribers,
or the mafority of them, to call a meeting at some place to be named, at the seat of the
govemmeBt of this province, for the purpose of proceeding to the election of the number
Digitized by^
Preamhie.
Google
ao4
C. 8.— Saooiro Ysab or GwmoB IV.— 1822.
[S:
Firat board of direoton
may serve until June,
may ti
18ZL
Bank maj commence
business on j£10,000
being paid in.
of directors thereinafter mentioned^ and that such election shall tfa^i and there be i
by a majority of shares voted in the manner in the said act prescribed, in respect of the
annual meeting of directors, and that the persons then and there chosen shall be the first
directors, and be capable of serving until the first Monday in June in the year of our Lord
one thousand eight hundred and twenty-one, and that the directors so chosen shall, as
soon a3 the deposit amounting to twenty thousand pounds subscribed as aforesaid shall be
paid to the said directors, commence the business and operations of the said bank, with a
proviso that no such meeting of the said subscribers shall take place, until a notice is
published in all the public newspapers of this province, at the distaiice of not less than
thirty days from the time of such notification ; and whereas, in consequence of the delay
occasioned by the reservation of the said act for the signification of his Majesty's pleasure,
it was impossible to proceed to the election of directors before the first Monday in June
in the year of our Lord one thousand eight hundred and twenty-one, and in consequence
doubts have arisen for what period the first board of directors shall serve ; and whereas
from the present scarcity of specie, the said sum of twenty thousand pounds required to
be paid in before the directors can commence the business and operations of the said bank,
is found to be too large, and it is expedient to reduce the same ; be it therefore enacted by
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the autliority of an act passed in the parliament of Great Britain, entitled,
^' An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ^ An act for making more effectual provision for the government of the
province of Que'iec, in North America, and to make further provision for the government
of the said province,' " and by the authority of the same. That the said boaxd of direc-
tors who shall be first cliosen, shall be capable of serving until the expiration of the first
Monda}^ in June, one thousand eight hundred and twenty-two.
II. And be it furtlier enacted by the authority aforesaid. That the said directors shall
and may, as soon as a deposit amounting to ten thousand pounds upon the stock subscribed
or to be subscribed to the «<aid bank shall be paid to the said directors, commence the
business and operations of the said bank, and that so much of the said act above recited
as requires that a deposit of twenty thousand pounds shall be made before commencing
the business and operations of the said bank, shall be, and the same is, hereby repealed.
(See4Mi Geo. Ill, e
7, and Sih.Geo. fV, e
Preamble.
PlaintilTs may tender
ioterrugatories to i^f^
rent debtors claiming
weekly allowance,
trucbinj; their insol-
Tency.
Answer may be sworn
before ' commissioners
for taking affidavits.
Debtor to receive no
benefit from any order
for a weekly ^lowance.
ontil he has answered
the said interrogate*
ries.
Chapter VIII.
An act to make further regtUatian respecting the weeldy maintenance cf inaoh)e»U
debtors.
[Passed January 17, 1822.]
Whereas it is necessary, for the prevention of fraudulent conveyances of property by
insolvent debtors, claiming the weekly allowance granted by law, to compel the said
debtors when required to answer such interrogatories as shall be filed by the plaintiff, at
whose suit he shall be confined ; be it therefore enacted by the King's most excellent Majes-
ty, by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the auth(»-ity of an
act passed in the parliament of Great Britain, entitlftd, '' An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provii^ion for the government of the province of Quebec, in I^orth America,
and to make further provision for the government of the said province,' " and by the
authority of the same, That when and so often as any prisoner or prisoners in custody,
and charged in execution for debt, in any civil suit, shall apply to the court whence such
process or execution issued, either to be discharged or allowed a weekly maintenance by
reason of any alleged insolvency, it shall and may be lawful for the plaintiff or plaintiffs,
at whose suit such prisoner is detained, his, her, or their attorney, to file such interroga-
tories as he, she, or they shall be advised or think expedient, touching or concerning, or
for the purpose of discovering any property or credits which the said prisoner may be
possessed of, or which he or she may be suspected of, having secreted or fraudulently
parted with, which interrogatories the said prisoner is hereby required to answer upon
oath, before some person authorized to receive and take affidavits in the court in which
such suit shall be depending, who is hereby authorized to administer the same.
II. And be it further enacted by the authority aforesaid. That after any interrogatories
shall have been filed as aforesaid, and a copy thereof delivered to the said prisoner, his,
or her attorney, the said prisoner shall not receive any further benefit from his or her
application, and the orders and other proceedings thereon shall be stayed, untU the said
prisoner shall have fully answered the same, and filed such answer or answers thereto in
Digitized by VrjiJOV IC
Enbvr Pabzjambnt.]
G. 9.~Saoaiii> Ysar of Gmsax IV.— 1682.
9»
the ecort from whence the writ on which he or she shall be confined, shall have issued,
and given notice thereof to the plaintiff or attorney in such suit
III. And be it further enacted by the authority aforesaid, That in. default of the payment ^n^^. w mi o*«
of the sum of five shilUngs weeUy allowance, pursuant to any rule or rules of court, J^P^~^«*G^'
Wider the provisions of an act passed in the forty-fifth year of his late Majesty's reign,
entitled, " An act for the relief of insolvent debtors," the first payment of which said
sum of five shillings is hereby declared to become due and payable on Monday next after
the service of such rule on the plaintiff, or his attorney, within the district where such
defendant shall be imprisoned ; the prisoner, upon application to the said court from which
such execation issued, in term time, or a judge thereof, in vacation, shall, by order of the
said court or judge, be discharged out of custody : Provided, nevertheless. That such dis-
cbai]ge shall not be construed as a release or satisfaction of the subsisting judgment, or to
depive the plaintiff or plaintiffs of his, her, or their remedy thereafter, against the goods
and chattels, lands and tenements, of such prisoner so discharged.
Court in term tioM, or
judge in Tftcation, naj
order prisonen to Be
dischaned on non-pnT-
ment oT their weekly
ellownnce.
Saeh difchaife not to
operate u a ideeieoC
the debt.
Chapter IX.
An ad to continue an act passed in theforiy-sixth year of his hUe Maje^y^s reigh^ m*
tiOedj ^^ An act to make provision foi* certain sheriffs in this province^^^ and a certain
other act of the parliament of this province^ passed in the fifty-seventh year of his late
Majesty^s reign, entitled, ^^ An act further to continue an act passed in the forty-sixth
year of his Majesty^ s reign, entitled, ^ An act to make provision for certain sheriffs
in this province,^ and also to extend the provisions of the said act,^^ and to prated
the interest of suitors in certain cases.
[Pasted January 17» 1822.]
Whcbisas an act passed in the forty-sixth year of the reign of his late Majesty King
George the Third, entitled, '^ An act to make provision for certain sheriffs in this pro-
vince," and also a certain other act passed in the fifty-seventh year of his said Majesty's
reigD, entitled, " An act further to continue an act. passed in the forty-sixth year of his
Majesty's reign, entitled, ' An act to make provision for certain sheriffs in this province,'
and also to extend the provisions of the said act," will shortly expire, and it is expedient
to continue the same ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legidlative council and assembly of the province of
Upper Canada, constituted and assembled Li' viitue of and under the authority of an act
passed in the pailiament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making more
e&ctoal provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That the said act passed in the forty-sixth year of his late Majesty's reign,
and also the said act passed in the fifty-seventh year of his late Majesty's reign, shall be,
and the same are, hereby continued.
II. And whereas it is expedient that suitors shouM be protected against any losses
which may happen from such sheriffs continuing in office, when they arc no longer pos-
sessed of substance sufficient to answer for any damages which may be occasioned by
their defaults ; be it therefore enacted by the authoritj aforesaid. That from and. after the
passing of this act, a writ of capias ad satisfaciendum may issue upon any judgment which
has been or may hereafter be obtained against any i)erson now holding, or who may here-
after hold, the office of sheriff in any district of this province, for any default in not paying
over monies levied or collected by him, in the execution of his said office, without any
affidavit for that purpose ; and that whenever it shall happen, thai any sheriff shall reidain
committed in execution upon any suc'j writ, or upon any attachment issued from his Ma-
jesty's court of king's bench in this province, for default in payment of monies levied and
colfected by him beyond the period of three months, it shall, upon being certified to the
governor or person administering the government, by the next ensuing court of quarter
sessions of the said district, be deemed a forfeiture of his office.
ni. Provided always, nevertheless. That nothing herein contained shall in any manner
interfere with, or prevent recourse to an}'^ other remedy against such sheriffs, and that the
same shall remain as if this had never been passed.
IV. And be it further enacted by the authority aforesaid, That this act shall continue
and be in force four years, and from thence to the end of the then next ensuing session
of parliament.
PreanUe.
4001 Geo. Ill, c 1, and
07thGeo.IlI, c8»eoB-
tinned.
Ca.sa.iBa7 iwne agiinet
•heriffs in certain eases.
Sheriff lying in »ol
three months tofoneit
his office.
This aet not to inter-
fere with any other re-
medy against such she-
riA.
Aet to eoBtinne in foree
Coar years.
(Oontinmd fiar fow
years»hy8th GetK.IVr
elO.)
Digitized by
Google
sot a 10, 11, 12.— SwJOHD Ybab or Obobok IV-— 182». [Skdo0v Somiw,
Chapter X*
An ad to repeal an ad passed in the fifly-sixth year of his Me MaJesty^s reign^ entUUiy
^^An ad for granting to his Majesty a sum ofmoney^ and to provide for the ajppoinl-
meni of a provincial agent for this prwitice."
*^ [Pm Ad Jiflttiy 17, mS.]
Whsrsas an act was passed in the fiftj-sixth year of his late Majcsty^s reign, entitletl,
"An act for granting to nis Majesty a sum of money, and to provide for tbe appointment
of a provincial agent ;" and whereas the appointment of a provincial agent has not been
productive of the advantages contemplated at the time of passing the said law; and
whereas dl^ said office has become vacant by the decease ~of the late William Halton,
esquire, and it is expedient to repeal the said act ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative coimeil and
assembly of the iH*ovince of Upper Canada, constituted and assembled by virtue of and
under the authonty of an act passed in the parliament of Great Britain, entitled, '* An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitkd, ^ An act for making more effectual provision for the government of the pro-
vince of Quebec, in North America, and to make further {x^ovision for the govenunent of
liikG«i.Ul» c8B»»- ^ ^d province,' '^ and by the authority of the same, That the said aet shall be, aai
' * ' the same is, hereby repealed*
ChApter XI.
An act to repeal in part a certain part of an act passed in theforty4hird year ofhAshte
Majesty^s reign^ entitled^ ^^ An ad to extend the provisions of an ad passed in the
Mrty-fourth year of his Majedy^s reign^ entUlid^ * An ad to restrain the custom of
permuting homed cattlcj horses j sheep^ and swine, to run at large;* " and further to
enable the magistrates in their respective distrids in this province, in general quarter
sessions assembled, to make such rules and regulations as may restrain swine run-
ning at large in the respedive towns in this province^ where a police is or may here-
after he established by law.
[Pasted JaiHMi7 U, iSSa.]
Whxiubas the laws now in force for restraining the custom of permitting swine to run
at large in certaiin towns in this province, have been found ineffectual, and insufficient to
abate an increasing nuisance ; be it therefore enacted by the Song's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That from and after the passing of this act, so much of the fourth section of
SSiof!! ni^ t!^M ^ ^^^1^ ^^^ passed in the forty-third year of his late Majesty's reign, entitled, ^^ An^ act
jiiYMy nktjni ffiirf- ^o extend the provisions of an act passed in the thirty-fourth year of his Majesty's reign,
jHjh»^|^«[^^g» entitled, * An act to restrain the custom of permittTne homed cattle, horses, sheep, and
KiBgftoByNpMMo. g^jjg^ ^^ j.mj ^^ large,'" as relates to the towns of York, Niagara, Sandwich, Amhefst-
burgh, and Kingston, be, and the same is, hereby repealed.
BfagktntM, iA town if- And be it further enacted by the authority aforesaid. That from and after the passing
MbKif ffai^T* ^^ ^^ ^^^ ^^^ ^* ^^^^ ^^^ ™*y ^^ lawful for the magistrates, or the majority of them, in ge*
n&f&Si^ iwiM nm- neral quarter sessions assembled, for any district in this province, wherein a police in any
■taffathii*. town therein, is now or may hereafter be established by law, to make, ordain, constitute,
and publish, such prudential rules and regulations, from time to time, as they may deem ^
expedient, relative to restraining swine running at large in any such town, subject to the
provisions and enactments contained in any law, establishing a police in such respective
town in this province.
Chapter XII.
(8m id Gm. IV, c «i An ad to enable persons who have preferred claims to or out of certain forfeited estates
wkA lod^ e lb.) ' in this province, to withdraw the same.
[PMfled Jumary 17, 18B>]
Whxreas it is expedient that persons entering and prosecuting claims under the pn^-
visions of an act passed in the fifty-ninth year of his late Majesty's rein, entitled, ^^ An
act for vesting in commissioners the estates of certain traitors, and dso the estates of
Digitized by VrjiJOV IC
Ef&RTB PaWUAMSNT.]
C. 13, 14. — Skcokd Ysar or Gkorob IY.— 1882.
809
persons declared alietiB, bj an act passed in the fiftj-^fourth jear of his Majesty's reign,
entitled, ^^ An act to declare certain persons therein described, aliens, and to vest their
estates in his Majesty, and for applying. the proceeds thereof towards compensating the
losses which his Majesty's subjects have sustained in consequence of the late war, and for
ascertaining and satisfying the lawful debts and claims thereupon," should be enabled to
relinquish <Mr withdraw the same, should they wish so to do ; be it therefore enacted by
the King's most excellent Majesty, by and with the advice and consent of the laudative
couneQ and assembly of the |Mt>vince of Upper Canada, constituted and assembled by virtue
of and under the Authority of an act passed in the parliament of Great Britain, entitled,
^^ An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
leign, entitled, ' An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,' " and b}^ the authority of the same. That it shall and may be
lawful for any person or persons who hath or have heretofore entered, or who shall or
may hereafter enter, any claim or claims against the i»*oeeeds of, or the absolute estate or
inheritanee of, any lands, tenements, or hereditaments, vested or to be vested in the said
commissioners, by virtue of the said last mentioned act, whether any decree may have
passed upon the saibe or not, to relinquish or withdraw such claim or claims at any time,
(fairing the continuance of the commission appointed under the said act, upon signifying
his, t^r, or their intention and desire so to do, to the said commissioners, or the majority
of them, by an instrument in writing, signed by such claimant or claimants respectively, in
presence of two subscribing witnesses ; and that upon receipt thereof, it shall and may be
lawful for the said conunissioners, or the majority of them, to discharge such claim or
claims, and reverse any decree they may have passed in favor of such claimant so relin-
quishing his or her claim, after which, the estate or property thereby claimed shall be and
remain vested in the said commissioners, for the purposes in the said act specified, in like
manner and as fully to all intents and purposes, as if no claim or claims had been exhibited
agaifist the same, any thing in the said act contained to the contrary notwithstanding.
Penou
elaims befenthet
miMMMien of foffaitoA
ettatM, mftywHlidmw
th« Mme; ud afl fto-
w^Hinff had iStmnom
nd be fa-
Cbapter XIII.
An act requiring the publicaiian qf the expenditure of maniea, raised under any law
eHabUahing a paUee in any taum or towns in this province.
[PUMd Jamiftiy 17, 18S2.]
Wbekeas it is expedient that an account of the expenditure of the monies authorized
to be raised and collected by the laws now in force, establishing a police in several towns
in this province, should be annually published ; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
eeftain parts of an act passed in the fourteenth year of hb Majesty's reign, entitled, ^ An
aet for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
andbythe authority of the same. That the justices of the peace for the several districts of this JnsUcesoftiiepeMato
province, wherein a police now is or hereafter may be established, for any town or towns
within the same, shall, at the general quarter sessions next after the first day of April in
each year, direct the clerk of the peace in each of the said districts, to make up an account
of all monies raised and levied under and by virtue of any act now or hereafter to be made,
regulating the police in any town or towns as aforesaid, together with an account of the
expenditure thereof, which account they are hereby required to publish immediately after
the sessions at which the same shall be required to be stated, either by causing a copy
thereof to be put on the door of the court house in such district, or by publishing the same
^ the expense of the district in any newspaper circulated therein.
render
any of .the reeeipt and
expeadhnra of the po-
licrtazlerM hi their
respeetiTe diftrietMBd
to canie ^ MBe to ha
pttblifhed.
Chapter XIV.
An 04^ to establish the division line between the second and third concessions ofthetownr
ship of Osndbruck^ in the Eastern district.
[Patted Jannaiy 17, 1822.}
Whkreab divers disputes have arisen between the inhabitants of the second and third
concessions of the township of Osnabruck, in the Eastern district of this province, as to
the divfaion line between the sidd concessions ; and whereas it appears that in conse-
quence of an erroneous survey of the said line by the late Patrick McNiff, the same has
been reeurveyed under the direction of government, by Lewis Grant, esquire, deputy
Digitized by
Fkcamhla.
Google
SOB
C. 15.— Sbcokd Year or Gxorox IV.— 1822.
[Skxhid Snmovy
proTincial surveyor, whose line was intended and c6nsidered as the division line between
the said concessions, till the passing of an act in the fifty-eighth year of hblate Majesty'i
reign, entided, ^^ An act to repeal an ordinance of the province of Quebec, passed in the
twenty-fifth year of hLs Majesty's reign, entitled, ^ An ordinance concerning land surveyors,
and the admeasurement of lands,' " and also to extend the provisions of an act pamed in
*- the thirty-eighth year of his Majesty's reign^ entitled, " Act to ascertain and establish on
a permanent footing the boundary lines of the difi^ent townships of this province, sad
farther to regulate the manner in which lands are hereafter to be surveyed," by which
act the survey of the said Patrick McNiff, being the first survey intended to fix the boun-
dary between the said concessions, hath been established, and it is expedient, in order to
quiet the disputes which have arisen, and to prevent litigation, that the line run by
the said Lewis Grant between the said concessions should by law be estaUiriied; be
it.therefore enactecf by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the foorteenth
year of his Majesty's reign, entitled^ ^ An act for making more effectual provision for the
gnremment of the province of Quebec, in North America, and to make further provision
r the government of the said province,' " and by the authority of the same, That the line
tiMtnii^boudal^^^ '"^ ^7 *® ®^^ Lcwis Grant, deputy surveyor, as aforesaid, shall be deemed and taken io
between the second and be the original and truc boundary between the said concessions, any thing in any law of
OiSS^redir'"'** "^ this province to the contrary notwithstanding.
Praunble.
Mnilut eiftablulied in
Perth.
Jnttieei of the peace
reaiding in Dnimmoad,
•t a apeeial aeaaiona tfi
be by them held for
that pitrpoae, to fix up-
«ni a i>]ace and make
regnlationa for holding
the taid mazket.
CoUBMasioBerf
may
fa^ae fines not ex-
cendhig 80a. for offin-
eee ngain A sveh regn-
Begolationa to be pnb-
.^ of levying
impoaed upon,
ana manner of punish-
ing, offenders againat
the market regulations.
m
Chapter XV.
An act to establish a market in the town of Perth^ in the county of CarUton,
[Passed January TT, 1822.]
Whereas it is expedient for the convenience of the inhabitants of the county of
Carleton, that a market should be established at Perth, in the said county ; be it there-
fore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,^ " and by the authority of the same, That from
and after the passing of this act, a market shall be established and kept in the town of
Perth, in the county aforesaid.
II. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for the commissioners of the peace, residing in the township of Drmnmond, at a court
of special sessions to be by them held for that purpose, and they are hereby authorized
and empowered, to fix^upon a place, and appoint such days and hours for the purpose of
selling butcher's meat, butter, eggs, poultry, fish, and vegetables, and to make such other
orders and regulations relative thereto, as they shall deem expedient.
III. And be it further enacted by the authority aforesaid. That the said commissioners
shall be, and. they arc hereby authorised and empowered to impose such fine, not exceed-
ing twenty shillings for any offence committed against such rules and regulations, as to
them in their discretion shall seem requisite and proper.
IV. And be it fiu'ther enacted by the authority aforesaid. That all such orders, rules,
and regulations, shall be published, by causing a copy of them to be affixed in the most
public place in every township in the said county, and at the doors of the churches in
the said town of Perth, and that such orders, rules, and regulations, shall not be in force
until three wccIls after such publication.
V. And be it further enacted by the authority aforesaid. That if any person shall
transgress the orders and regulations so made by the said commissioners, such person
shall for every such transgression forfeit the sum which in eveiy such order, rule, and
regulation, shall be specified, not exceeding the sum of twenty shillings as aforesaid, to
be recovered by information before any one commissioner of the peace, upon the oath of
one credible witness, and to be levied by warrant under the hand and seal of such com-
missioner, upon the goods and cljattels of such offender, and that one moiety shall be
paid into the hands of his Majesty's receiver general to and for the use of his Majesty,
his hdft and successors, for the public uses of this province, and towards the support df
the go^grnq^ent thereof, to be acd!^unted for to his MajeAt^^^hrough the commiasioners of
his treM^y for the time being, in such manner and form'as it shall please his Majesty to
direct, and the other moiity to the informe^. ** ^ t
Digitized by VnOOQlC
Ssmtem PAHLiAMvrr.]
C. IS, 17. — SsooKD Ybar of GMRra IV.— 18S9.
aoo
122.)
PrMmbk.
Chapter XTI*
An ad to atUharize the surveyor general of this province to receive the like eutn for all
original schedules of new toumships furnished^ or to be Jumishedy since the first day
of July J one thousand eight hundred and twenty, as he is authorized to receive by law
for such schedules furnished before that period.
[PaMied Jannaiy 17, 1822.]
Whskeas an act was passed in the fifty-ninth jear of the reign of his late Majesty,
King Geoi|^ the Third, entitled, ^^ An act to repeal the several laws now in force relative
to levying and collecting rates and assessments in this prgvince, and further to provide
for the more equal and general assessment of lands and other rateable property throughout
this province," whereby it is enacted that his Majesty's surveyor general of this province,
for the time being, should, on or before the first day of July in the year of our Lord one
thousand eight hundred and twenty, furnish the treasurer of each and every district of
this province with a list or schedule of the lots in every town, township, of reputed
township, of his respective district, containing certain particulars specified in the said act,
and should on or before the first day of July in every year thereafter, transmit to the
treasurer of such district respectively, a schedule of all such lots or parcels of lands,
specifying the number of acres or other less quantity of land in each, as have been granted
or set to lease by his Majesty, since the last schedule by him furnished, as by the said act
directed ; and it is by the said act further provided, that for every schedule for each town-
ship so furnished by the surveyor general, on or before the first day of July, one thousand
eight handred and twenty, he should be entitled to receive the sum of twenty shillings,
and for every supplementary schedule thereafter, the sum of two shillings and six
pence ; and whereas several original schedules of new townships surveyed and located
since the passing of the said act, have been furnished by the surveyor general since the
first day of July, one thousand eight hundred and twenty, for which it is proper the same
allowance should be made as for the original schedules furnished before the first day of
July, one thousand ei^t hundred and twenty ; be it therefore enacted by the Ring's most
excellent Majesty, by and with the advice and consent of the legislative council and assem-
bly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^' An act to
repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
' An act (or making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That for every original schedule of any township in
this province, which has been or may hereafter be furnished under the provisions of the ^ ,^ ^j.
above recited act, by the surveyor general of this province, for the time being, there shall wipL$x m
Y shillings, to be paid and accounted for in the manner directed ^JJ^ "J^
(8m 0M Geo. III» •
be paid the sum of twenty
bj the said act.
SaiT^or genenl to ro-
ceive 20t. for oreiy
•ehadule fur-
the jMO-
Ceo.
Titiou of fiOth
III»e7.
caiapter XVII.
An act granting to his Majesty a sum of money, for the purpose of purchasing and
erecting machinery within this province, to prepare hemp for exportation.
[Puted JHiaarf 17, 1822.]
Moot gracious Sovbreioiv :
Whereas from the present depressed state of agriculture within this province, it is
expedient to encourage the growth thereid of such articles as will find the most ready
sale in foreign countries; we, your Majesty's most dutiful and loyal subjects, the com-
mons of Upper Canada, in parliament assembled, do most humbly beseech your Majesty
that it may be enacted, and be it enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act
passed in the fotlrteenth year of his Majesty's reip, entitled, ' An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That from and out of any fund or funds now remaining, or which m^Jiere?
after come into the hands of the receiver general unappropriated, arising from Jf out of
the rates and duties already raised, levied, and collected, or which may hereafter be
raised, levied and collected, to and for the uses of this province, there be grantedL^o his
Majesty, his heirs and successors, the sum of three ^ndred pounds, to be disj^^d of.
Preemble.
appropriated, and applied, in the purchasing and erecting of machinery for the 4res0faig and
preparing of hemp for expo^l^don; the description of which machinery and the place
£800 ft^roprieted for
»archMiDg machineiy
» 10, for two
(which maj^be import*
Md dttt J free. See 4Ui
3»
DigitiSI^'
Google
j*fiL . '^
310
£60 nmiany for three
yean to be aiiplied for
keeping the taid m«-
chmety in repair.
Moalea applied
bepaidaiid ae«
for.
rto
C. 18, 19, SO, 21.— SccoMo Ysar o# Gsokok IV.— 18S2.
[Ssooso Sksbiov,
where the same shall be erected, to' be determined by the eovemor, lieutenant governor,
or person administering the government of this province, bj and with the advice of the
executive council thereof.
II. And be it further enacted by the authority aforesaid, That from and out of any fuDd
or funds now remaining, or which may hereafter come into the hands of the receiver
eeneral, to and for the public uses of this province, there be granted to his Majesty, his
heirs and successors, the sum of fifty pounds annually, for three years, to be disposed of,
appropriated, and appUed, in the keeping in repair the said machinery, where the same
shall have been erected.
III. And be it further enacted by the authority aforesaid. That the monies granted by
this act shall be paid by the receiver eeneral of the province, in discharge of any warrant
or warrants which shall be issued by the governor, lieutenant governor, or person adminis-
tering the government of this province for the time being, and be accounted for to his
Majesty through the lords commissioners of his treasury for the time being, in such manner
as his Majesty, his boil's and successors, shall be graciously pleased to direct.
Cbapter XVIII.
An act to grant to his Majesty a certain sum of moneys for the purposes therein min-
turned.
[Grauting £8,390, tteriing, towards the support of the government, for the public aenriee, for 1622.]
Cbapter XIX.
An act to authorize the appointment of a commissioner for the purposes therein men-
tioned.
[Authoriring the lieutenant goremor to iq>point a eommissioner to England.]
Chapter XX.
(See4ihQ«>.lv,ci8.) -^^ ^^ granting to his Majesty a sum of money y to provide for the appointment of a
cotnmissionerfor the purposes therein mentioned.
[Appropriating jC2,000 to the payment of the commissioner to England. ]
(Amended by^UiGeo.
iv, --
»c«2.)
FrauBble.
Justicei of the peace
for the Midland dutriet
anthorised to loan not
moi« than £8,000 for
erecting a gwl in
KingeUm.
1
£800 aanuallT to be an*
plied towaidj ^-^
ing tha aaid
W
Chapter XXI.
An act to authorize his Majesty^s justices of the peace for the Midland district^ to obtain
by loan a sum of money, for the purpose of erecting a gaol and court house in the
town of Kingston.
[Passed January 17, 1822.]
Whereas it appears by a petition from his Majesty's justices of the peace for the
Midland district, in special sessions assembled, that the gaol and court house of the said
district is in a dilapidated and insecure state ; and whereas the prayer of the said petition is
for authority to levy on the inhabitants of the said district an additional rate of one penny
in the pound on the rateable property of the said district, for two years, as a fund to be
applied in rebuilding the said gaol and court house ; and whereas, in the actual situation
of this province, it is deemed inexpedient to authorize the levying of the said additional
rate ; and whereas it is essentially necessary for the due administration of the laws, that
provision be made by law for rebuilding the said gaol and court house ; be it therefore
enacted by the King'smost excellent Majesty, by and with the advice and consent of the legis-
lative council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, *.^^ act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more eifectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
goveFj^nt of the said province,' " and by the authority of tlje same, That his Majesty's
justicel|bf the peace of the said district, in general quarter sessions assembled, be
empowered, and they are hereby authorized and empowered, to borrow a sum of money,
not e^UMding three thousand pounds, to be appropriated and api^ed in the erecting of a
good ^i sufficient gaol and courtjiouse in the said town bf Kingston.
II. itedihfe it further enacted by the authority aforesaid, That a sum not less than three
hundred pounds, of the urates of the said district, shall bq annually appropriated by the
/ l5-
V.
Digitized by VrjiJOV IC
Eighth Pasliamsnt.]
C. 23, S3.— Second Year of Georoe IV.— 1823.
311
said justices, towards paying the interest, and a proportion of the principal, of the afore-
said sum of three thousand pounds.
III. Provided alwftjs, and be it further enacted by the authority aforesaid, That the NotaMmtkaa tiziMr
said justices shall not pay a greater interest than six pounds per annum upon every 5«»*\tob« paid for in-
hundred pounds they shall borrow, under the authority of this act.
terest on tbe said Ipan.
Chapter XXII.
An ad to appoint trustees to the will of WiUiam WeekeSy late of Yorh, esquire^ deceased^
to carry into effect the provisions thereof.
[Fused Jannaiy 17, 1822.]
Whereas William Weekes, late of the town of York, in the Home district, and pro-
vince of Upper Canada, esquire, deceased, in and by his last will and testament in writing,
bearing date the tenth day of October, one thousand eight hundred and six, after a devise
therein made of certain lands in the township of Norwich, and a bequest of fifty pounds
to one George Alps, in the said will named, '' did give and devise unto Charles B. Wyatt,
esquire, and John McKay, gentleman, and to their heirs forever, all other the estates real
and personal, of what nature and kind soever, in Upper Canada, in trust to dispose of the
same, and out of the monies arising from the sale thereof, to pay all his just debts, of
what nature and kind soever, and the residue of the monies arising from such sale or
sales, to lay out in erecting and building the foundation of an academy in York, in such
situation as they the said trustees might deem most eligible for an academy for the educa-
tion of youth," and by the said will did appoint the said Charles B. Wyatt and John
McKay, the executors thereof ; and whereas the said William Weekes departed this life
soon after making the said will, and the said executors proved the same in the court of
probate of this province, and took upon themselves the burthen and execution thereof,
and did pay and satisfy all the principal debts of the said testator ; and whereas the said
John McKay departed this life on or about the fourth day of June, in the year of our Lord
one thousand eight hundred and twelve, whereby tbe said Charles B. Wyatt became the sole
executor and trustee of the said will; and whereas the said Charles B. Wyatt sometime in
the year one thousand^ight hundred and seven, left this province for England, where he has
ever since resided, and hath neglected to proceed in the execution of the said will, and the
trusts therein expressed, by reason whereof the laudable intentions of the said testator have
hitherto been greatly obstructed, to the manifest loss of the youth of this province ;
and whereas a very considerable residue of the real estate of the said William Weekes,
in this province, still remains vested in the said Charles B. Wyatt, subject to the payment
of a small residue of the debts of the said William Weekes, and to the trust aforesaid,
for the erection of an academy in York as aforesaid, and it is desirable that the residue
of such estates, now remaining in tlie said Charles B. Wyatt, be vested in other trustees,
to and for the uses of the said will of the said William Weekes ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the legisla-
tive council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, '* An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more eflfectual provision for the government
of the province of Quebec, in North -America, and to make further provision for the
government of the said province,'" and by the authority of the same. That from and after
the passing of this act, all the residue of estates, real and personal, now vested by the
said will in the said Charles B. Wyatt, shall henceforth vest in the reverend John Strachan,
doctor of divinity, John Beverly Robinson, esquire, and Henry John Boulton, esquire,
and their heirs, in trust to dispose of tbe same; and out of the monies arising from the
sale thereof, to pay all remaining just debts unpaid, and the residue of monies arising from
such sale or sales to lay out in erecting and building the foundation of an academy in
York, in such situation as they, the trustees appointed under and by virtue of this act,
shall deem most eligible for such academy. ^
PKMIlbU.
Tnuteei appointed to
carry into effect the
traits of the will of the
late William Weeket,
esqnire.
Chapter XXIII.
An act for the relief of John Crysl&Ty esquire.
r
fPRirATE. — Allowing him the regnlar per centage on the monies paid into his hands, as collector of customs fl|fe^e port
or Com\raI] ; which were withheld from ninHo consequence of the misconduct and neglect of his deputy, innoraportiag
within the time prescribed by law.] . .-••
Digitizecmy'
Google
sit C. 94y 26, M, ST.-^BOora Ybar or GaoROs IV.— 1823. [Sscovd Smui,
Chapter XXIV.
Anacifarthe rditf of Peler MUier.
[Fait An — Gnntlag him a p«nsi<m •T £20per aiiinim dnriBg life, in eonsMiiaiiee of inmriM receired wlule on datr ■
» priTBta of the ISth regiment of YoricmiUtiA.]^ "^ ^ ^
Cliapter XXV.
An act for the rdief of John While.
[PRITATB.— Onntiag Um a peuion of £20 par amimn during life, in eooteqaenee of injuriet receired in action wifk ik«
nenj during the warwiUi the United atatM.l
Chapter XXVI.
An act to make good certain momes iaeued and advancedbyhis excellency the lieutenant ^
governor y in pureuance of an address of the house of assenMy,
[Granting £1,060 Its. l^d. to make good a like nun adyanced to meet the ezpeniei of the legiilatnre in the ■eirioa for 1821.]
Chapter XXVII.
An act to remunerate the commissioners appointed to treat on behalf of this proeiinu
with the commissioners of Lower Canada on the subject of our commercial rdatiom
with that province.
[Appropriating £100 each to the honoiable Thomai Oaik, Allan McLean and Joana Jonei» eaquifif, te tiieir wnieci
aa commiafionen to Lower Canada.]
Digiti
zed by Google
Third Session of the eighth Proyinelml Parliament*
MET AT TOEK, OR THE rirtEENTH DAT OF JAIOJARY, AND PROROGUED ON THE NINETEENTH
DAT OF MARCH FOLLOWING, IN THE FOURTH YEAR OF THE REIGN QT
GEORGE IT.
SIR PEREGRINE MAITLAND, K. C. B., LIEUTENANT GOVERNOR.
Anno Domini 18J)3*
Chapter I.
An act to amend and extend the praineions of an act ptused in the second year of hie
Majesty^s reign^ entitled, " An act to make provision/or the improvement of the it^
ternal navigation of this province.^^
[PMied Jnmary 29, 1828.]
Whsrxas an act wag passed in the second year of his Majesty^s reign, entitled, '' An
act to make provision for the improvement of the internal navigation of this pro*
vinee ;** and whereas it has become necessary to amend and extend the provisions of
ihe said aet ; be it therefore enacted by the Kuig's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the jH-ovinoe of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America,
and to msd^e further provision for the government of the said province,' " and by the
authority of the same. That in the absence of the president of the commission established
by the said first recited act, it shall and may be Uwiul for the remaining commissioners,
or a majority of them, not less than three being jn^sent, to choose one of their number
to be vice president, who in the absence of the president shall have the like powers and
authorities as are vested in the said president, in and by virtue of the said act, any thing
to the contrary thereof in the said act contained, notwithstanding.
And be it further enacted by the authority aforesaid. That for the better enabling the
said comiiiissioners to perform the duties required of them by tl^ said act, so much
thereof as requires the said commissioners to report their proceedings within twenty days
after the session of one thousand eight hundred and twenty-two, be, and the same is,
hereby repealed.
Provided always, and be it further enacted by the authority aforesaid, That nothing in
this act contained shall extend, or be construed to extend, to authorize the said commis-
sioners to delay the delivery of the said report beyond the fifteenth day of February next.
(SMfldGM. rv, cs,
■iid4tli,e9.)
PraamUe.
Ib tke ftbtesee tt Ih^
pntldent, a Tice vretl*
dent to be eleeteo,wlM
hare the ume
ConsuaeioBeffi reliaT-
ad fituB repoffiuy
witluB twrnntj lap a^
tar tka aaaaioa orl822;
Imtnot to ddaj their
raportbajoDd l5(b aC
Fabmary, 1881.
« Chapter II.
An act to provide for the establishnent of courts in the district of Bathurst^ and /or other
purposes therein mentioned.
[Paasad January 29, 1823.]
Wherbas by an act passed in the second year of his present Majesty's reign, entitled,
^^ An act to repeal part of an act passed in the thirty-eighth year of his late Majesty's
rei^, entitled, ' An act for the better division of this province, and to make further pro-
vision for the division of the same into counties and districts,' " it is among other things
provided, that the governor, lieutenant governor, or person administering the government
of this province, may by jn-oclamation, as soon as he may thiqk fit, declare the county of
Carleton a separate district, by such name as to him may seem meet ; and whereas his
excellency the lieutenant governor has been pleased, j)y his proclamation bearing date the
thirteenth day of November, in the year of our Lord one thousand eight hundred and
twenty-two, to declare the said county of Carleton a separate district, by the name of
Bathurst ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the par-
(SeaadGao. IV,ca)
Preamble.
Digitized by
Google
814
C. 3.— PoiTBTH Ykar op Oeoroe IV.— 1823.
[ThTHD SfiSBIOV,
Conrti Mtablished in
the district uf Bitthiint.
Fofmer proTiiiou re-
hUdvt to eommon
■ehoob, and all othfsr
pririlegef of other dis-
triett, extended to Ba-
thnnt.
Jnatieef of the peace to
hold a tpecial teision
immediately after the
passing of this act, for
the porpose of licensing
piduic nonses.
Held in the court house
in Perth.
Periods for holding the
onaiter sessions and
aistrict courts.
Rates leried for the
yearlffiO, in Bathnrst,
shall be expended writh-
itt that district in the
same manner as rates
collected in other dis-
tricts are expended
fharein respectiTely.
Monies due from the
district of Bathnrst to
the district of Johns-
town, or rice rersa, to
be accounted for be-
tween the treasurers of
the said districts re-
speetiTcly.
liament of Oreat Britain, entitled, ^^ An act to repcfal certain parts of an act passed in the
fourteenth year of his Majesty^s reign, entitled, ^An act for making more effectual provision
for the gorernment of the pro\dnce of Quebec, in North America, and to make further provi-
sion for the government of the said province,' " and by the authority of the same, That the
courts of oyer and terminer, assize, nisi prius, gaol delivery, and of the peace ; courts of
general. quarter sessions of the peace ; district court^ surrogate court, court of requests,
and every court and jurisdiction whatsoever, held or to be held, possessed and enjoyed,
in and by other districts of this province, shall from henceforth, with the like powers and
authorities, be held, possessed, and enjoyed, in and by the said district of Bathurst, and
shall have full power and authority to hear and determine all such causes, whether
criminal or civil, as might or would have been heard and detemuned in any of the courts
of the district of Johnstown, had this act not have been passed ; and that the provision
made for the support of district and common- schools, and all and every jurisdiction, regu-
lation, rule, privilege, exemption, matter, or thing, which hath or have been enacted,
provided, and declared, by any act or acts of the parliament of this province made, or to
be made, touching or concerning the said other districts, shall be, and are hereby extended
to that district, unless otherwise provided for and declared by this act ; and that courts of
oyer and terminer, assize, nisi prius, and gaol delivery, shall first be held, unless under
special commission, in and for the said district of Bathurst, during the vacation between
Trinity and Michaelmas terms next, in like manner as the same courts are usually held
throughout this province.
II. And be it further enacted by the authority aforesaid. That it shall be lawful for the
justices of the peace in the said district, to hold a special session, as soon as convenientlj
may be, ailer the passing of this act, for the purpose of granting certificates to persons
desirous of obtaining tavern licenses for the current year, to enable them to procure Ifae
same from the inspector of licenses for the said district.
III. And whereas it appears that a gaol and court house have been erected in the town
of Perth, in the township of Drummond, in the said district ; be it further enacted by the
authority aforesaid, That the several courts for the due administration of justice shall be
held in the said court bouse in the said town of Perth, any thing to the contrary thereof
notwithstanding.
ly. And be it -further enacted by the authority aforesaid. That the courts of general
quarter sessions of the peace in and for the district of Bathurst, shall commence on the
third Tuesdays in March, September, and December, and the second Tuesday in June,
and the terms of the district court and surrogate court, for the said district, shall commence
and be holden on the Monday of the week next but one preceding that in which the
quarter sessions shall be holden, and end on the Saturday of the same week.
y. And be it further enacted by the authority aforesaid, That the assessments or rates,
levied or to be levied for the year of our Lord one thousand eight hundred and twentj-
two, within the sstid district of Bathurst, shall be applied and expended for the like pur-
poses within that district, as they now are or may be applied and expended under or by
virtue of any act or acts of the parliament of this province, made or to be made in the
other districts of this province.
yi. Provided always, and be it further enacted by the authority aforesaid, That the
justiceS'Of the peace, in general quarter sessions assembled for the said district of Bathurst,
shall, and they are hereby required to, order the treasurer of the said district to pay from
and out of the monies which he shall receive as such treasurer, within two years from the
passing of this act, such arrearages as may be due from the said district to the treasurer
of the Johnstown district, and also all such sums as may have become due, or may have
been paid during the year one thousand eight hundred and fwenty two, by the district of
Johnstown, for the said district of Bathurst, arising from the arrest or support of prisoners,
or in any other manner whatsoever, any thing in this act to the contrary notwithstanding.
Preemble.
Chapter Ilf.
An act providing for the publication of reports of the decisions of his Majesty^ s court of
king^s bench in this province.
[Passed Mareh 19, 1828.]
Whereas from the infant .state of this colony, the publication of the decisions of his
Majesty's court of king's bench in this province would be attended with more expense
than the probable sale of reports thereof would compensate, whereby individuals are pre-
vented reporting the same ; and whereas it is extremely desirable for the information of
the public, that some public record of the judicial opinion of the judges of the said court
should be kept ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Digitized by VnUOy IC
£l/»tfXU PaBI«IAM£NT.]
C- 4. — Fourth Ybar op Gsorgs IV. — 1823,
S16
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the eovemment of the province of Quebec, in North America, and
to make further provision hr the government of the said province,' " and by the authority
o( the same, That it shall and may be lawful for a reporter to be appointed, as hereinafter
mentioned, the same to be an officer of the court, and amenable thereto for the correct
and faithful discharge of his duty, to submit to the inspection of the court, on the first
day of each term, a fair report of all the decisions given by the court, and noted by him
during the last preceding term, which report, after due examination and correction by the
whole court, shall be signed in open court by all the judges present, and shall from thence-
forth become an authentic report of all such decisions.
II. And be it further enacted by the authority aforesaid, That every attorney of his
Majesty's court of king's bench in this province shall annually, on or before the first day
of Michaelmas term, take out a certificate from the clerk of the crown and pleas, in this
province, of his having been admitted to practise as an attorney in the said court, which
certificate the said clerk is hereby required to give, upon production of a receipt from the
treasurer of the law society of Upper Canada, for any sum not exceeding two guineas,
which the said law society shall determine upon, and upon payment to him of two shillings
and six pence.
III. And be it further enacted by the authority aforesaid. That if any practising attorney
shall neglect to take out such certificate in each and every year, on or before the first day
of Michaelmas term as aforesaid, he shall not after such neglect be entitled thereto, until
be shall have produced a receipt from the treasurer of the law society for the sum of four
guineas, which shall be appropriated in the same manner as other monies received by the
said treasurer under the provisions of this act, are directed to be applied.
IV. And be it further enacted by the authority aforesaid. That if any attorney shall
practise in any of his Majesty's courts in this province, after the first day of Michaelmas
term in each year, without having obtained such certificate as aforesaid, he shall forfeit
the sum of ten pounds, to be recovered by information in his Majesty's court of king's
bench, and be paid to his Majesty's receiver general, to and for the public uses in this
province, to be accounted for to his Majesty through the lords commissioners of his trea-
sury for the time being, in such manner and form as his Majesty, his heirs and successors,
shaU be graciously pleased to direct.
Y. Provided always, and be it further enacted by the authority aforesaid. That nothing
herein contained shall extend, or be construed to extend, to require any person admitted
to practise as an attorney after the said first day of Michaelmas term in any year, to take
out any certificate as aforesaid, until the first day of Michaelmas term then next ensuing.
VI. And be it further enacted by the authority aforesaid. That the said treasurer of
the said law society shall pay into the hands of his Majesty's receiver general of this
province, for the time being, the several sums of money to be by him received under the
provisions of this act, to be applied towards the payment of a salary, not' exceeding the
sum of one hundred pounds of lawful money, to a repprter, to be appointed by the governor,
lieutenant governor, or person administering the government of this province, the same
being a member of the law society, whose duty it shall be to reporf the cases and decisions
of his Majesty's court of king's bench in the said province, provided always, that the said
reports may be sold for the benefit of the reporter.
VK. And be it further enacted by the authority aforesaid, That the salary herein
declared to be payable to the said reporter shall be paid by the receiver general of this
province, out of the monies which may hereafter be paid into his hands by the treasurer
of the law society aforesaid, in discharge of such warrant or warrants as may from time to
time be issued by the governor, lieutenant governor, or person administering the govern-
ment^ of this province, and be accounted for to his Majesty through the lords commissioners
of his Majesty's treasury, for the time being, in such manner and form as his Majesty, his
heirs and successors, shall be graciously pleased to direct.
Reporter to be qipoint-
ed.
Reports to be extmined
Mia signed bjr the
judges.
Attomies to take out
annitally before the lint
day of {MieheehaM
term, certificates of
their being duly admit*
ted.
Two goineas to be paid
theretor to the treasu-
rer of thebw eoeiety.
Four guineas for car-
tificates not taken oat
Penalty of £10 for
practismg without a
eertiHeate.
Exception in &Tor of
oersons admitted after
Michaelmas term.
Treasurer of the hw
society to pay monies
reeeired by htm for
certificates into the
hands of the receiTur
generalftowards paying
a sahuy of not more
than £100 to a reporter,
to be appointed by the
goremor.
Reports may be sold
for the benefit of the
reporter.
Salary to be
receirer
Monies paid, how ac-
counted for.
Chapter IV.
An act topromdefor the appointment of commissioners^ to investigate the claims of certain
inhabitants of this province, for losses sustained by them during the late war with the
United States of America, and for other purposes therein mentioned.
[Expired.]
Digitized by v
Google
9fe
C. 6, «.— FOVRTH YbaH op GflOEOB IVr— 18«3.
[Tam
PnunUe.
and loth sectioM of
Geo. IV, e 8, repealed.
10th section of 48th
Geo. Ill, e 1, repealed.
Compamei ti»
of not more than eighty
Bor leas than thirty
Companies of artillery
may hefoimed.
An ad to repeal part of the tenth clause of an act passed m the/arty-eighih year of his
late Majesty^s reigny entittedj '^ An act to explain, amend, and reduce to one act of
parliament^ the several laws now inheingforthe raising and training the mUUia of this
province,^^ and also part of an act passed in the hut session of the present parliament,
entitled, ^^ An act to repeal part of and amend the laws now in force for theraisingand
training the militia of this province,'^ and to increase the strength of the companies of
militia.
[Passed MaMh 1», 1891]
Whxrkas dilBcuIties haying arisen in carrying into effect maiiy of the provisions of an
act passed in the last session of the*^ present parliament, entitled, ** An act to repeal part
of and amend the laws now in force for the raising and training the militia of this prorince,'*
it i^ expedient to repeal part thereof; be it enacted by the Kine's most excellent Maj^i^,
hy and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled bj virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, *^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the autho-
rity of the same. That the sixth clause, so much of the seventh as relates to the appoint-
ment of a clerk, the ninth, tenth, eleventh, thirteenth, and sixteenth clauses of the said
recited act be, and the same are, hereby repealed.
II. And whereas the strength of militia companies is at present too limited, be it further
enacted by the authority aforesaid, That so much of the tenth clause of an act passed in
the forty-eighth year of his late Msgesty's reign, entitled, ^ An act to explain, amend, and
reduce to one act of parliament, the several laws now in beine for the raising and training
the militia of this province," as declares that companies of militia shall consist of not more
than fifty, nor less than twenty men, be and the same is hereby repealed ; and that the
said companies shall in future consist of not more than eighty, nor less than thirty private
men.
III. And whereas it is expedient to form one or more company or companies of artillery,
be it enacted by the authority aforesaid, That it shall and may be lawful for the governor,
lieutenant governor, or person administering the government of this province, to form and
embody from time to time, such company or companies of artillery, and in such county or
counties, as to him may appear most convenient and fit for the good qf his Majesty's
service.
48th Geo. Ill, e 8, and
2d seetion of 66th Geo.
Ill, c 7, repealed.
£000 granted annually
to his Majesty, to be
applied as follows :
(salary to the ad-
jutant general*
Chapter VI.
An act to provide a salary for the adjutant general of the militia in this provineCj and for
other purposes therein mentioned.
[Passed March 19, ISSB.]
Most oracious Soveheion:
Whereas it is necessary to make better provision for the office of adjutant general of
militia of this province ; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certaiD
parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for
making more effectual provision for the government of the province of Quebec, in Noith
America, and to make further provision for the government of the said province,' " and by
the authority of the same. That a certain act of the parliament of this province, passed in
the forty-eighth year of his late Majesty's reign, entitled, " An act for granting to his
Majesty an annual sum of money for the purposes therein mentioned," and the second
clause of an act of the parliament of this province, passed in the fifty-sixth year of the
reign of his late Majesty, entitled, " An act to amend an act passed in the forty-eighth
year of his Majesty's reign, entitled, ^ An act to explain, amend, and reduce to one act of
parliament, the several laws now in being for the raising and training the militia of this
province,' " be, and the same are, hereby repealed.
II. And be it further enacted by the authority aforesaid, lliat from and out of the rates
and duties already raised, levied, and collected, or hereafter to be raised, levied, and col-
lected, to and for the public uses of this province, there be granted annually to his'Majesty,
his heirs and successors, the sum of six hundred pounds, to be- applied as follows ; that is
to say, the sum of three hundred and sixty-five pounds to provide a salary for the adjutant
Digitized by VrjiJOV IC
SwBrca Pabuam£nt.]
C. 7.— FounTH Ybab of Gsobge IV.— 1823.
aiT
general of the militia of this province, for the time being ; the sum of one hundred and
fiftj pounds to provide a salary for an assistant adjutant general, [a] to be appointed by the
governor, lieutenant governor, or person administering the government of this province,
for the time being, and the sum of eighty-five pounds to be paid to the adjutant general of
militia, in lieu of all contingencies ; which sa^d several sums shall commence and be pay-
able from and after the passing of this act.
III. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the eovemor, lieutenant governor, or person administering the government of
this province, from time to time, to issue his warrant or warrants to the receiver general
of this province, for the said several sums of money, half yearly, and the said receiver
general shall account to his Majesty, his heii'S and successors, for the same, through the
lords commissioiiers of his Majesty's treasury, in such manner and form as his Majesty,
his heirs and successors, shall be graciously pleased to direct.
[rt] Aj reo;ards the as-
sistant adjutant eeneial,
repealed by 4tli Geo.
IV, c 27.
i:i5() salary to an as-
aisUnt adjutant geae->
ral;
and £85 in liea of con-
tingencies.
Goyernor, &:c. to issne
his ^varrant for pay-
ment thereof.
to be accounted for
through the lords of the
trAsury.
io.)
Chapter VII,
An ad to afford rdief to persons claiming lands m this province^ under assignments
from heirs J devisees^ or assignees of the original nominees of the croivn, in cases ivhere
no patents had issued, and for other purposes therein mentioned.
[Passed March 19, 1823]
Wherbas there are many persons entitled to hold lands in this province under and by preamble
virtue of claims derived from persons who have held the same as heirs, devisees, or as-
signees of the original nominees of the crown, and who may have died or departed from
the province, and such persons so entitled to claim lands, cannot at present by law obtain
patents for the same in their own names, and it is expedient to enable them to do so;
and whereas it is also expedient to extend the provisions of a certain act of the parliament
of this province passed in the forty-eighth year of his late Majesty's reign, entitled, " An
act io continue an act passed in the forty-fifth year of his Majesty's reign, entitled, ' An
act to afford relief to those persons who may be entitled to claim lands in this province as
heirs or devisees of the original nominees of the crown, in cases where no patent hath
issued for such lands,' " and further to extend the benefit of the said act ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That from and after
the passing of this act, it shall and may be lawful for any person or persons holding or
claiming lands in this province, under any claims or titles derived from any heir or heirs,
devisee or devisees, or assignee or assignees of the original nominee or nominees of the
crown, to claim such lands before the commissioners appointed, or to be appointed under
and by virtue of the said act passed in the forty-fifth year of his late Majesty's reign, in
the same manner and at the same time as any heir or heirs, devisee or devisees, or as-
signee or assignees, of the original nominee or nominees of the crown are or may be
authorized by law to do ; and it shall and*may be lawful for the said commissioners, or
the majority of them, to allow any lands so claimed to the person or persons claiming the
same, provided sufficient proof shall be adduced to satisfy the said commissioners, or the
majority of them, that the person or persons claiming the same is or are bona fide the
owner or owners thereof, and that due notice hath been given of such claim, by affixing
such notice of the claim in some public place in the court house of the district in which
such lands shall be siXnated, for at least three months next preceding to the sitting of such
commission, and the same to be proclaimed in open court by the crier thereof, immediately
after tli^ charee to the grand jury.
II. And whereas the second clause of the said act passed in the forty-eighth year of
his late Majesty's reign, only authorizes the said commissioners to hear and determine
upon claims preferred by the assignee or assignees of original nominee or nominees Who
was or were dead, or who had left the province previous to the passing of the said act,
and it is expedient to extend the power of the said commissioners in that respect, be it
therefore enacted by the authority aforesaid, That it shall and may be lawful for the said
commissioners, or the majority of them, to hear and determine air such claim or claims as
may regularly be brought before them, for any lot or lots, parcel or parcels of land, when
the origin^ nominee or nominees of the crown for such lands, is or are dead, or may have
left the province, or in any case hereafter, where such nominee or nominees may die or
leave the province, without obtaining a patent for such lands.
^ Digitized by
See 4ath Geo. Ill, o
Persons claiming lands
as heirs, devisees, or
assignees of the origi-
nal nominees of the
croivn to claim the
same before commis-
sioners.
Notice to be put up in
the court house of the
district where lands are
situated, three months
before the sitting of the
commissioners.
Provisions of the 48th
Geo. Ill, extended.
Google
n%
C. 8.— PWRTH Yhaii of 6mr0b IV.— 1823.
[THmn Smmm,
P«lntt tA ivsue for
huiclt eonUined in com-
%* Import*
AffidaTiU tOQching
claims, may be taken
before commissioners.
(Affidavits may now be
made before commis-
sioners in kind's bench.
SeelOthOeo. IV,e4.)
False swearing, perju-
III. And be it further enacted by the anthority aforesaid, Th9ii when any chttm or
elaims shall be allowed and reported by the said comniissioners, or the majority of them,
it shall and may be lawful for the g;overnor, lieutenant governor, or persdn adminiateriiig
the -government, for the time being, to issue his Majesty's letters pateot for the lot <ir lots,
parcel or parcels of land, specified in the report of the said commissioBers, as allowed to
such claimant or claimants, to or in trust for the person or persons to whom the same maj
have been allowed ; and that all and every the provisions, regulations, restrictions, matters,
and things, which in and by the said acts passed in the forty-fifth and forty-eighth years
of his late Majesty's reign are enacted or contained, of and concerning, or in any wiae
touching or relating, to the claim or claims of the heir or heirs, devisee or devisees, or
assignee or assignees of the nominee or nominees of the crown, mentioned in the said aete,
shall be, and are hereby, extended to the person or persons authorized to claim lands under
this act.
IV. And be it further enacted by the authority aforesaid. That the commissioners ap-
pointed in any district in this province, to take affidavits touching any claim or claims to
lands under the said acts, passed respectively in the forty-fifth and forty-eighth years of
his late Majesty's reign, shall have full power and authority to take any affidavit relatiog
to claims to be brought forward under this act, and if any person or persons shall forswear
him, her, or themselves, before any commissioner duly authorized to take such affidavits,
he, she, or they, shall, on conviction thereof, be subject to all the pains and penalties of
wilful and corrupt perjury.
(AsMnded. See 4th
Geo. IV,
.cl6.)
Preamble.
A sum not exceeding
iS5,000 anthorised to be
rsited by loan npon de-
His Migesty^s receiTcr
genenl to issue the de-
bentures.
Debentures to be re-
deemable IB not mora
than sixteen years from
tbi^ivdate.
Foiiging, or knowingly
sttenng forged deben-
tures, deolared felony
without benefit of cler-
Chapter VIII.
An act to provide Jor constructing a navigable canal between Burlington bay and lake
Ontario.
[Paused March », 1S28.]
Whereas a canal, navigable for vessels, between Burlington bay, in the district of Gore,
and lake Ontario, would tend to promote the general interest of this province, and parti-
cularly that part of the country contiguous thereto ; and whereas it is expedient to caise a
sum of money by way of loan to make and complete the said canal, the annual interest on
which to be paid from a fund to be raised and collected by a toll to be levied on goods,
produce, and all other articles, as well as vessels and other craft, passmg in or through
the same, and also to establish a fund for the redemption of the said loan ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by >^irtue of and under the authority of an act passed in the parliament of Great pritaio,
entitled, "An act to repeal certain parts of an act passed in the fourteenth y«ar of bis
Majesty's reign, entitled, ' An act for making more efiectual provision for the government
of the province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same. That it shall and maj
be lawful for the governor, lieutenant governor, or person administering the govemmeat
of this province, so soon after the passing of this act as he may deem expedient, to autho-
rize and direct his Majesty's receiver general of this province to raise by loan, from any
person or persons, body corporate or politic, who mav be willing to advance the same upon
the credit of the government bills or debentures, authorized to be issued under this act, a
sum of money not exceeding five thousand pounds, to make and complete the said canal,
and also such works as may be deemed necessary to protect and secure the entrance
thereof, as well from Biu-lington bay as from lake Ontario.
If. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the receiver general, for the time being, to cause any number of debentures to
be made out for any such sum or sums of money, not exceeding in the whole the said sum
of five thousand pounds, as any person or persons, body politic or corporate, shall agree to
advance on the credit of the said debentures, which debentures shall be prepaid and
made out in such method and form as his Majesty's receiver general shall think most safe
and convenient; and that for each loan or advance a debenture shall issue, bearing date at
the day on which the same shall actually be issued, conditioned for the payment of the
said sum of five thousand pounds, or such part thereof as may be actually received and
redeemable at a period not exceeding sixteen years, and shall and may be signed by the
said receiver general of this province, for the time being.
III. And be it further enacted by the authority aforesaid. That if any person or persons
shall forge or counterjfeit any such debenture as aforesaid, which shall be issued under the
authority of this act, and uncancelled, or any stamp, indorsement, or wridng tSereon or
therein, or tender in payment any such forged debenture, or any debentitfe with sudi
counterfeit indorsement or writing thereon, or shall demand to have any such eounterfeit
m Digitized by VnOOV IC
Ewwtii Pabuamcnt.] C. S.-^PoomTB Y«ab of Osobob IV. — 1883.
9i»
general thaU traiumit
to the Kovemor^ to be
laid before parliament,
an acconiit of the de-
bentares igraedaadrft-
deemed, with the iater-
eit paid tl^ereon, and of
those outstanding.
Interest to be payable
half yearij.
And the governor to is-
CoDipeBiatioB to the
receiver general for hit
tfMUe.
debenture, or anj debenture with siich eounterfeit uidorsement or writing thereupon or
themn, exchanged for ready money, by any person or persons who shall be obliged and
required to exchange the same, or by any other person or persons whomsoever, knowing
the debenture so tendered in payment, or to be exchanged, or the indorsement or writing
thereupon or therein, to be forgcxl or counterfeited, with intent to defraud his Majesty, his
heirs and sueeessors, or the persons appointed to pay off ihe same, or any of them, or any
ether person or persons, bodies politic or corporate, then every such person or persons so
oiieiiding, being thereof lawfully eonvieted, shall be adjudged a felon, and shall suffer as
in eases of felony, without benefit of clergy.
IV. And be it further enacted by the authority aforesaid, That the receiver general of His Majesty 'sreeeirAr
this province, for the time being, shall before each session of the parliament of this p'^f^ '
province, transmit to die governor, lieutenant governor, or person administering the laddbeflr
Svemment of this province, a correct account of the numbers, amount, and dates of the
ferent debentures which be may have issued under the authority of this act, of the
ainount of the debentures redeemed by him, and the interest paid thereon respectively,
and also of the amount of the said debentures outstanding and unredeemed at the periods
aforesaid, and of the expenses attending the issuing the same, to be laid before the legis-
lature ef this province.
V. And be it further enacted by the authority aforesaid, That the interest growing due
upon the said debentures shall and may be payable in half yearly periods, to be computed
from the date thereof, and shall and may be paid on demand by the receiver general of
this province, for the time being, who shall take care to have the same indorsed on each
debenture, at the time of payment thereof, expressing the period up to which the said
interest shall have been paid, and shall take receipts for the same from the persons respec-
tively, and that the governor, lieutenant governor, or person administering the government .^^ haifyeariy wai-
of thi» province shall, after the thirtieth day of June and the thirty-first day of December rants to uiereeeiTer
in each year, issue warrants to the receiver general, for the payment of the amount of S?re*S.*^'^^^*"*
interest that shall have been advanced, according to the receipts to be by him taken as
aforesaid.
VI. And be it further enacted by the authority aforesaid, That the receiver general of
this provinoe, and the person or persons necessarily employed under him, in the execution
of this act, shall severally have and receive such rewards and allowances as the governor,
lieutenant governor, or person administering the government of this province, and the
eSKcative council thereof, shall adjudge to be reasonable, and direct to be allowed them
for their respective services in the execution of this act, and that the same shall be paid
ID discharge o€«aoch warrant or warrants, as the governor, lieutenant governor, or person
administering the government of this province, shall from time to time issue for that
pnpose.
VII. And be it further enacted by the authority aforesaid. That a separate warrant
shall be made to the receiver general, by the governor, lieutenant governor, or person
administering the government of this province, for the time being, for the payment of
each debenture, as the same may become due, and be presented in favor of the lawful
holder thereof, and that such debentures as shall from time to time be discharged and paid
off, shall be cancelled and made void by the said receiver general.
VIII. And be it further enacted by the authority aforesaid. That at any time after the
8aid debentures, or any of them, shall respectively become due according to the terms
thereof, it shall and may be lawful for the governor, lieutenant governor, or person
admmistering the government of this province, if he thinks proper so to do, to direct a sent Ue same for pay
notice to be inserted in the Uj^r Canada Gazette, requiring all holders of said deben- m««twttmis«Bioiiiha
tures to present the same for payment, according to this act, and if after the insertion of ^[Xin default ^tStt
the said notice for three months, any debenture then payable shall remain out more than ***** ***• wterast shall
six months from the first publication of such notice, all interest on such debentures, after ^^*^'
the expiration of the said six months, shall cease, and be no further payable, in respect
of the time which, may elapse between the expiration of the said six months, and their
presentment for payment.
IX. And be it further enacted by the authority aforesaid. That so soon after the passing (RepeaiedbyiithOeo.
of this act as he may deem proper, it shall and may be lawful for the governor, lieutenant *J» «^* ) ^
governor, or person administering the government of this province, from time to time, to ^^"^ '*" *" '""
(HMninate and appoint under his seal at arms, not more than five conmiissioners, any three
of whom shall be a quorum, who may appoint two of their body to be a president and
vice president, one of whom shall preside at all meetings of the board, which commis-
sioners' duty it shall he to cause a plan or plans of a canal to connect Burlington bay, in sidentto beei<
^ Gore district of this province, with lake Ontario, of not less than ten feet in depth of [«] a» to
water and forty feet wide at the top, [a] with an estimate of the expense to be made, and ^^ ^^{^
shall and may contract with such person or persons as shall, after public notice be given ^^ ?' .
for that purpose, undertake to make the same, and all works therewith connected, or any taiTpiSui^^ ^ ^
Digitized by
Separate warrant to be
issued for the ^yment
of eaeh debenture.
ThegOTcmor may di-
rect notices to be in-
serted in the Gazette,
requiring the holders
of debeatnres to ;
Goremor ta appoint
five commissioners for
carrying this act into
effect.
Three of whom a haD
bea
tmonm.
President and Wee
neepre-
leoted.
the aiaa af
.lepealedbv
4th Geo. IV, e 1&
v^t/Dgle
SS&
C. 8.— Foram Ybab or OBomoB IV—
[Tbou)
DMed canal bclTreen
liuilinffton bay and
lake Ontario, and con-
tract for the comple-
tion thereof.
Security ta.bc taken
for the performance of
contracts.
Commicsioners to fix
rates of toll after the
loan is paid off,
and to report every
three months to the go>
vemor the progress of
the work.
Governor, &o. to ap*
point a toll collector,
who shall account lialf
yearly to the receiver
Xeneral for the toll col-
lected, and of the boats
and merchandize pass-
ing; through the said
canal.
Fees to be paid previ-
nus to articles pissing
through the caual.
Money collected to be
paid to the receiver
general, for the redemp-
tion of th» debentures.
Governor to issae his
warrant to the receiver
general in favor of the
commissioners, for the
said £6000, from time
to time, as it is requir-
ed.
Money to be accounted
for thrf»;5h the Ionia
commissioners of his
Majesty's treasury.
(Altered by 9th Geo.
IV, 0 12 ; boats under
ten tons, 2s. M. ; crcr
ten tons, Is. ; and the
tolls to be in currency
iditead of sterling.)
Boats to pass and re-
pass once for each pay*
ment of toll*
(See4thGeo. iy,cl6,
4th session.)
Draw bridge to be
ereeted over the canal,
toll free.
(Bee 9th Geo. IV, c 12;
nth, € 12; nth, c 27.)
part thereof, at the cheapest and lowest rate, in the shortest time, and most convenieiit
terms, and giving security to the satisfaction of the said commissioners, or a majority of
them, for the due performance of the ^contract to be entered into for that purpose, and
shall and may do and perform all and whatsoever act and acts, thing and things, necessary
and proper to carry the intention of this act into full effect, and shall and may fix such
rate of toll, after the redemption of the loan to be effected, and ipterest thereon, as to
them may seem proper, (for the purpose of keeping the canal in repair,) less than that
established by this act, and shall report to the governor, lieutenant governor, or person
administering the government of this province, once in three months during the progress
of the work, all matters by them done or performed by virtue of the authority so vested
in them, to be laid before the legislature at its next meeting.
X. And be it further enacted by* the authority aforesaid. That so soon as the said canal
shall be opened, it shall and may be lawful for the governor, lieutenant governor, or peiv
SQn administering the government of this province, to nominate and appoint a careful and
discreet person to collect the toll and dues imposed by this act, who shall account to his
Majesty's receiver general of this province^ for the time being, on the thirtieth day of
June and thirty«first day of December, in each and every year, which account shall be
rendered in detail on oath, and specify the number of barrels, packages, and all other
articles passing through the said canal, together with the number of vessels, boats, and
other craft, with their respective tonnage, in or upon which the same shall be laden, and
every other source from which the same has arisen, and shall retain to his own use five
per cent, on all monies so collected and paid by him.
Xf . And be it further enacted by the authority aforesaid, That the toll and dues men-
tioned in the following schedule, and no other, shall be exacted and paid on all goods,
wares, merchandize, produce, lumber, vessels, boats, rafts, or craft, previous to their passing
through or into the said canal, until the loan for making the same, and interest thereon,
shall be fully redeemed and paid as hereinbefore mentioned ; and the said money so to be
raised and collected shall be paid by the said collector into the hands of the receiver
general of this province, to and for the redemption of the said debentures, and the interest
thereon annually accruing.
XII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
this province, from time to time, during the continuance of this act, to issue his warrant
to the receiver general of this province, in favor of the said commissioners, for such sum
or sums of money, not exceeding five thousand pounds, to enable them to carry the pro-
visions of this act into effect, which sums shall be paid out of any monies which may
have been advanced to him upon debentures, by virtue of this act.
XIII. And be it further enacted by the authority aforesaid, That all monies required
to be paid by the authority of this act, shall be paid by the receiver general, in discharge
of such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for to his Majesty through the lords commissioners of his treasury, for the time being, in
such manner and form as his Majesty, his heirs and successors, shall be graciously pleased
to direct.
SciiEDULK OF Toll ard Duks payable trvDER tbc Foasooi«o Act.
£ «. d.
Sterling.
0
8
4
0
0
0
0
10
0
£ s. d.
Steriiag.
Boards per one hundred pieces, 0
Salt per barrel, 0 1 0
Dry goods per hundred weight, 0 0 8
Boats or craft, under five tons,
each, each 0 5 0
Vessels over five tons, per ton
measurement, per ton 0 13
Flour per barrel, 0
Pot ash per barrel, 0
Pork per barrel, 0
Whiskey per barrel, 0
Plaster of Paris per barrel,. ... 0
Oil per barrel, 0
Staves per thousand, standard, . 0
Apples, cider, potatoes, and all other roots, vegetables, and fruit,. . . . T Fret
All articles not enumerated to pay in proportion to the above rates, subject to the direc-
tion of the commissioners appointed by virtue of this act : Provided, nevertheless, That
any boat, vessel, or craft, entering said canal, shall be at liberty to pass and return through
the same, on payment of the toll or dues herein specified, and such toll shall not be
exacted more than once for such passing and return.
XIV. And be it further enacted by the authority aforesaid. That the commissioners
appointed under the authority of this act, shall cause a sufficient drawbridge to be erected
on the said canal, upon which no toll or due for passing the same shall .be demanded.
Digitized by
Google
Emm Pabuambnt.]
C. 9, 10, 11.— FouBTH Ybab of Geobgk IV,— 1823.
art
Chapter IX.
An act to make additional provision for the imprivemefU of the inland navigation of
this province.
[Passed Much 19, 18SS8.]
M06T GRACIOUS SoYBBBiQN :
Whereas an act was passed in the second jear of your Majesty's reign, entitled, ^^ An
aetto make provision for the improvement of the- inland navigation of thijs province," by
which the sun& of two thousand pounds was eranted for the purpose of obtaining surveys,
plans, and estimates, for improving the inland navigation of this province ; and whereas it
is expedient to provide additional means for the said purpose; we, your Majesty's duti-
ful and loyal subjects, beseech your Majesty that it may be enacted, and be it enacted by
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Great Britain, entitled,
" An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ^ An act for making more effectual, provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,' " and by the authority of the same, That from and out of the
rates and duties raised, levied, and collected, or hereafter to be raised, levied, and collected,
to and for the public uses of this province, and in the hands of the receiver general and
unappropriated, there b% granted to his Majesty the sum of one thousand pounds, which
said sum of one thousand pounds shall be in aid of the said sum of two thousand pounds,
and shall, with tke residue thereof, be applied towards the payment of any expenses that
may he incurred under the provisions of the said first recited act.
IL And be it further enacted by the authority aforesaid. That the said siun of one thou-
sand pounds shall be paid by the receiver general of this province, in discharge of such
warrant or warrants as shall for that purpose! be issued by the govenKM-, lieutenant
eovemor, or person administering the government of this province, and shall be accounted
for to his Majesty through the lords commissioners of his Majesty's treasury, for the time
being, in such manner and form as his Majesty, his heirs and successors, shall be gra-
ciously jrfeased to direct : Provided always, That so much of the said sums as shall
remain unexpended, shall be subject to the future disposition of parliament.
Praunble.
(2dOeo.IV» cS^nci-
ted.)
The additioBal nmoi
jeiOOO mated ID aider
the ftmds for iinproTUttr
theiatand asrlgetiiMl
•nd paid by wwnat
from the gorenor to
the reeeirer genend,
and to be aeeoimted for
through the lords com-
missioners of his fifm-
jesty's treasiuy.
(See4thGeo.lV,el5.)
Chapter X.
An act to permit the importation of machinery into this province^ free from duty, for a (See ad Geo. iv,ci7.)
limited time.
[Expired.]
Cbapter XI.
An act to amend and repeal part of an act^ entitledy " An act to incorporate sundry per-
sons under the style and title of the president^ directors and company of the bank of
Upper Canada.^^
[Passed March 19, 1828.]
V>^aER£As by an act of the parliament of this province, to which the royal assent was
communicated by proclamation, bearing date the twenty-first day of April, in the year of
our Lord one thousand eight hundred and twenty -one, and in the second year of his Ma-
jesty's reign, entitled, " An act to incorporate sundry persons under the style and title of
the president, directors and company of the bank of Upper Canada," it is, amongst other
things, enacted. That the number of shares in the said bank shall not exceed sixteen
thousand, and that it shall and may be lawful for the governor, lieutenant governor, or
person administering the government of this province, for the time being, to subscribe and
hold in the capital stock of the said bank, for and on behalf of this province, any number
of shares therein, not exceeding two thousand, the amount whereof the said governor,
lieutenant governor, or person administering the government for the time being, is hereby
autholiz'ed by a warrant or warrants, under his hand and seal, directed to the receiver
general of this province, for the time being, to take out of the unappropriated monies
which now remain or hereafter may remain in the hands of the said receiver general, for
the future disposition of the parliament of this province, and also that the stock, property,
affiiirs, and^concems; of the said corporation shall be managed and conducted by nfteen
directors, one of whom to be president ; and whereas it is expedient for the better secu-
rity of the public interest in the said bank, Aat a due share in the management and
Digitized by
Preamble.
See 69th Geo. lU, c
2dOeo.lV,c7.)
Google
G. M) IS.^-Poram Y«Att or Gcobqc IV.^182S.
(Tnu>
Oofremor
toi
mthorized
four diree-
tiMNMuid, and capital
to £100^.
direction thereof should be vested in the goyernment of this province ; and whereas the
president, directors and company of the said bank have found from experience that the
eapital stock of the said bank is greater than the present circumstanees and oommeree ot
this province require, and are desirous that the same should be reduced ; be it there-
fore enacted hf the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the iHt>vince of Ufqier Canada, oufiaUlnled
$aad assembled by virtue of and nnder the authority of an act passed in the parliament
of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in die foartesnA
year of his Majesty^s reign, entitled, * An act for mddng more effectual provirion fcrthff
government of the province of Quebec, in North America, and to make faiiher provuBon
for the government of the said {rovince,' " and by the authority of the Same, That ihora
etod liter the passing of this act, it shall and may be lawful for the governor, Kenfeaant
governor, or person administering the government, to noimnate and appoint four, of the
fifteen directOTs aforesaid, at the return of each and every election of the same) any thing
in the above recited act to the contrary notwithstanding.
IL And be it further enacted by the authority aforesaid. That so much of the aeeood
section of the said act as limits the number of shares to sixteen thousand, and the whole
of the sixth section of the said act passed in the fifty*ninth year of his late Mi^esty^s
retgn, be, and the same are, hereby repealed ; and that from and after the passing of this
act, the number of shares in the stock of the said bank shidi not exceed eight tbo«Maod,
and that the whole amount of the stock, estate, and property whieh the said eorporatioa
shall be authorijied to hold, including the capital stock and shares, shall never exceed in
value one hundred diousand pounds.
Chapter XII.
An act granting to his Majesty a sum of money ^ to defray certain charges /or the ai-
ministration of justice and support of the civU government of this province.
[GrantiBg £4,470, towards the rapport of the ciyil govenunent of the proTinee, for the year I82S.]
Preamble.
(Sae 0Mi Geo. III. e
All wooden ttilla to be
M^iM, nd liable to
tkepayueat of dutSea.
Brcry raqoieitioB for a
Ueeaee to use a wooden
exprees the
of gallons the
mme is eapable of
holding.
Fom of requisition.
BMnidtion to be filed
wita the iaepector.
Chapter XIII.
An act prescribing the mode of measuring the contents of wooden stills ; alaofbr fixing
the rate of duty to be paid on all stills used for the distillation of spirituous liquors,
within this province.
[Passed Mareh 19, 1S28.]
Most oracious Sovbreign :
Whereas it is expedient more particularly to define the manner in which wooden stills
shall be measured or gauged in this province, and to ascertain and declare what propor-
tion of the same shall be liable to the payment of duties, also to continue the duty on all
stills used for the purpose of distilling spirituous liquors within this province ; wherefore,
be it enacted by the King's most exceUent Majesty, by with the advice and consent of the
legislative council and assembly of the provfnce of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reigi;i, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
r the government of the said province,' " and by the authority of the same, That each and
every wooden still or stills which shall or may be used for the distillation of spirituous
liquors, shall be measured or gauged, and shall be liable to the payment of duties, in man-
ner and form as is hereinafter directed.
II. And be it further enacted by the awiority aforesaid. That from and after the passing
of this act, every person requiring a license to use or work a wooden still, shall expressly
state in the requisition for that purpose, to be made to the inspector of the district in
which such still shall be situate, the whole number of gallons, the entire capacity of the
still for which a license so required shall or may be capable of containing, which requisi-
tion may be in the following form :
'^ I, A. B., do require a license to work one wooden still, the entire capacity of which
by admeasil^ement [or being gauged, as the case may be] is capable of containing
^lUons, and no more ; as witness ray hand, this day of
A. B., owner and proprietor of the said stiH.
To J. L., inspector of tl^^ district of " '
Which requisition shall be fil^ and preserved by the inM|tor, as is heretofore by law
required. * ^^ ^ t
. Digitized by V:jOOQIC
BlOin« Pjc*I.lAMSNT.]
C. l3.^Fovws!n Yhae of Gsosos IV.— 188S.
«M
Erery tub or yetfel at-
tacked to the still shall
be liable to pay doty for
its whole capacity.
How tka cottactoct an
to aseertaia the capaei-
tyofstiUs.
Penalty for distiUiiig
without a license, aaia
nsinff tubs, &c. not
mentioned in ifnt re-
quisition.
III. And be it fbrther enacted by the ftuthority a%resaid, That it shall nxA may be One hair or the cAtire
lawful for the said inspector, and he is hereby reqaired, to deduct one half the amount JJ'JJlS***^^ kiKSt
specified in sueh requisition, as a necessary allowance for the operation of steam in wooden Ztm^^^mmuiSSm
stills, and the remaining half of the contents thereof shall be subject and liable to the
payment of all such duties as now are or may hereafter be imposed by this or any other
law enacted, to be paid on stills in this province : Provided, nevertheless, That every
wooden still having an additional tub or vessel, whether placed on the top or in any other
manner attached to such still, serving the purpose of a cap or receiver of steam, and also
every tub or wooden stiU that shall be separated into dUETerent divisions, for the purpose
of receiving and nmning the low wines, cm* for heating and preparing the bi^er or wash for
diaiging such still, or that may be so divided as aforesaid, for any purpose whatever,
every such tub or wooden still shall be lid>le to and chargeable with the payment of duties
upon the whole o^city of the same.
lY. And be it further enacted by the authority aforesaid, That it shall and mky be
lawful for the inspector of each and every district, when aijid so, often as be shall think it
proper, to ascertain the contents of any wooden still or stills by measuring or gauging the
same, at his discretion, to bore one or more hole or holes in such wooden still or stills, not
exceeding two inches in d^juneter, that the said inspector may be the better enabled to
measure or gauge the same : Provided, nevertheless, That every stiU which shall be sp^
cified in the requisition to have been measured, shall b^ measured, and every still specified
to have been gauged, shaU.be gauged.
y. And be it further enacted by the authority aforesaid. That any person or persona
who shall use or work any wooden still or stills without having first obtained a license for
that purpose, or who shall use any other or larger wooden still or stilb than are specified
in his or their requisition, or who shall have or use any tub or vessel as a eap^ or others
wise, attached to any such wooden still or stills, for the purpose of receiving the Steam^
or who shall have or use any wooden still or stills, in which there shall be any false head
or heads, bj which such still shall be separated into difierent divisions, and who shall not
state the same in his or their requisition at the time of applying for and taking out a license
for the same, and shall be convicted thereof 'before any two or more of his Majesty'b
josttees oi the peace in and for the district in which the ofience shall be charged to have
been committed, shall be liable to all the pains, penalties, and forfeitures, imd shall be
di^sed of in the same manner and form as is directed by any law now in force^ or that
may hereafter be passed, for laying and collecting a duty on stills.
VI. And be it further enacted by the authority aforesaid. That the tub or receiver of
the beer or wash only, shall be deemed and taken to be a still, and subjected to the pay-^
ment of duties, according to the intent and meaning of tliis act.-
VIJ. And be it further enacted by the authority aforesaid, That in addition to the duty
of one shilling and three pence per gallon, now raised, levied, and collected, and paid
yearly and every year, there shall be raised, levied, collected, and paid unto his Ma-
jesty, his heirs and successors, to and for the public uses of this province, from all persona
usiDg a still or stills for the purpose of distilling spirituous liquors, the sum of one shilling
and tlu^e pence, lawful money of this province, for every gallon which such still or stills
shall contain, agreeably to measurement prescribed by law, for ascertaining the contents
of the same.
VHl. And be it further enacted by the authority aforesaid, That the said duty hereby
granted to his Majesty shall be raised, levied, collected, and paid, in the same manner,
and under the same penalties and restrictions, as are imposed by any fornoer act of this
province, imposing a duty on stills for the purpose of distillihg spirituous liquors.
IX. And be it further enacted by the authority aforesaid, That it shall and may be
lawffil for each and every inspector, to demand and receive the same fees for filing a regu-
lation and for issuing a license, and also to take and retain to and for his own use, the like
per centage on all monies that may or shall coiafi into his hands for licenses issued by
virtue of this act, as is granted by a certairf act^ssed in the forty-third year of the reign
of his late Majesty, entitled, "An act for the better securing to his Majesty, his heirs and
snccessors, the due collection and receipt of certain duties therein mentioned.'*
X. Provided always, and be it further enacted by the authority aforesaid, That nothing
in this or Miy other act contained, shall authorize any inspector to receive in any one year
more than one hundred pounds, as per centage.
XL And be it further enacted by the authofity afmresaid. That all monies collected by
virtue of this act shall be paid into the hands of his Majesty's receiver geiiSral of this
province, by the inspector or inspectors receiving the same, to and fn* the public uses of
th» province, and to be accounted fw to his M£^esty,his heirs and successors, through the
lords commissioners of his Majesty's treasury, for the time l^ing, in such manner and .
form as his Majesty shall be g^^ously pleased to direct.
What tk«n be dMm«d
AitiU.
Duty of Is. 8d. per ^•
ion to be teried on the
ci^city of all stills.
How duties shdil be le-
Tied and paid.
er,«Ml
feespwftMe tOk '
ton.
No fnapeetor to reeeire
more tnan £100 in any
one 7«ar, as per eent*
age.
Monies to be paid by
inspectors to the re-
ceirer ceneral, andac-
conntcd for throogfa the
lords commissioners oi
his Migesty's treasury.
g^Ol
Digitized by
Google
SM C. 14, 16.— Fourth Ysar of Gjboboe IY.— 1823. [Thiko Ssssioi,
ContbMiUmioCttUfaet XII. And be it further enacted by the authority aforesaid, That this act shall be, aol
the same is hereby declared to be, in force qptil the fifth day of January, one thousaiui
jwmfira^ Om.1^ eight hundred and twenty-seven, and from thence to the end of the then Bcxt ensuing
c a.) ' session of parliament.
Chapter XIV.
An act granting to his Majesty a sum of moneys/or the purpose therein maUtoiud
[Onuitiag £1,000 in additioD, as a furtiMr eomyaiation of th« o«maiiuioMr Mat to Emshnd.]
m
to be
ont bj penont keeping
ale*
Chapter XV.
An act to restrain the selling of beer^ ale^ cider j and other liqucrsy not mritwm^ia
certain towns and villages in this province, and to regulate the manner o/Ucefmn^ck
houses toithin the same.
, [PkiiedMarthl9,1881
Most obacious Soterbion :
Whereas it is expedient to provide by law for licensing houses for the sale of beer,iie,
cider, and other liquors, not spirituous, by retail, in certain towns in this proTince; vt,
your Majesty's dutiful and loyal subjects, the commons of this province, beseech jour
Majesty that it may be enacted, and be it enacted by the King's most excellent Majestr,
by and with the advice and consent of the legislative council and assembly of the proTJnceof
Upper Canada, constituted and assembled by virtue of and under the authoritj of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for makngmofe
effectual provision for the government of the province of Quebec, in North Amelia, and
to make further provision for the government of the said province,' " and by theauthotity
of the same, That from and after the first day of May next, ^all and every person or per-
sons who shall open a house for the sale of beer, ale, cider, or other liquor or liquors,
not spirituous, within any town or village of this province, or within one mile thereof^
containing twenty houses or more, by retail, shall, and he, she, or they are herebj re-
quired to take out a license for so doing, which license shall be granted under the handani
seal of any two justices of the peace residing within such town or village ; or if it shali
happen that two justices of the peace shall not be residing within such town or riilaee,
then by any two justices of the peace residing nearest thereto, and which license shall be
in the form following :
" We, A. B. and C. D., two of his Majesty's justices of the peace, residing in for
nearest to, as the case may be] the town or village of
do hereby authorize and empower E. F. in the house described by the sign of i" ^^
town or village, in the district, to keep a common ale and victualling house, an<i^
utter and sell therein by retail, ale, beer, cider, and other liquors, not spirituous, ako
bread and other provisions : Provided, That no unlawful game or games, or any dronkei)-
ness or other disorder, be suffered in said house, or in the yard, garden, or prenuscs
thereto, belonging ; but that good order and rule be maintained therein : this liceflse to
continue from the date hereof, until the day of in the year of our Lord
FcNT which license the sum of two shillings and six pence may be demanded, and Domor^*
BMwitTtobeukeBibr ^^" ^"^ ^^ *^ further enacted by the authority aforesaid. That the said justices, beioff
Uieoptoriykeepiii|( oC granting such licenses as aforesaid, shall take bond and surety, by recognizance, of suet
boiue« Ueemed; person or persous to whom such license shall be granted, he, she, or they, in the sum «
ten pounds, and two sureties in the sum of five pounds, or one sufficient surety in the suffl
of ten pounds, as well against the using c^^unlawful games, as also for the maintenance <»
good order and rule, which at or before the next general quarter sessions, be filed by tiie
clerk of the peace of the district, by the justices taking the said recognizance, and sm
be in the following form, for which the person entering into the same shall pay the sum
of one shilling :
" District, to wit.— Be it remembered, That on the day of j'**^
year of the reign of our sovereign lord , A. A. of in the said dwtnC'
yeoman, anff B. B. of yeoman, and C. C. of yeoman, personally came betore
us, D. D. and E. E. justices of the peace for the said district, and acknowledged themsel^e
to owe to our sovereign lord the King ; that is to say, the said A. A. the sum of ten poun j
and the said B. B. and C. C. in the sum of five pounds each, of good and lawful monej^
Upper Canada, to be made* and levied of their goods andxhattels, lands and ^^^^^f^^
respectively, to the use of our sovereign Jord the King,^^ heirs and successors, •
Digitized by VrjiJOVlt:
Form of lieeaee.
li.6d. tebepeidthei^*
for.
for whieli le. dMU be
Form of recognimice.
if the
EiaHTH Parliaboevt.]
C. 15. — ^FoURTH Yrar of Gsorgr IV.^1823.
^35
said A. A. shall make default in the condition hereunder written. Whereas the above
bounden A. A. is liceni^ed to keep a house for the sale of ale, beer, cider, and other
liquors, not spirituous, bj retail, for one jrear from the date hereof, in the house' wherein
he now dwelleth, known by the sign of in now the condition of this recogni-
sance is such, that if the said A. A. shall suffer no unlawful games, drunkenness, or any
other discwder to be used or committed in his said house, nor in any out house, yard,
garden, or other the appurtenances thereto belonging, but shall maintain and keep good
order and rule within the same, then this recognizance to be void, otherwise to remain in
full fbree and virtue."
III. And be it further enacted by the authority aforesaid. That each and every person
to whom such license shall be granted, shall yield and pay for the same as follows, that is
to say ; in or within one mile of towns or villages containing not less than twenty, jor
more than fifty dwelling houses, the sum of ten shillings ; in towns or villages conta^Bbg
not less than fifty, nor more than one hundred dwelling houses, the sum of twenty shillings;
and in all towns and* villages containing more than one hundred dwelling houses, the sum
of forty shillings ; and that all the monies arising from the issuing of such licenses shall
be first paid into the hands of the magistrates issuing the same, and by them, within six
moBths thereafter, int6 the hands of his Majesty's receiver general, to and for the public
uses of this province, to be accounted for through the lords commissioners of his Majesty's
treasury, for the time being, in such manner and form as his Majesty shall be graciously
pleased to direct.
IV. [Repealed by 8th Geo. IV, c 11.]
OvtiM on Umosm.
Monies paid forlioona-
es to be paid to the te-
ceivef seneral, and ae-
eonnted for throogli the
lords of his Mijestj's
treasuiy.
Time of magistrates*
meeting to crant licen-
ses: Six dajs' notion
to be giren.
Penalty for keeping an
ale house withoot a li-
cense.
To be leried by dis-
tress.
dirl-
Application and
sion of penalties.
How reeocnii
bedeclareafo
forfeited.
to
v. And be it further enacted by the authority aforesaid, That if any person or persons
shall presume to open a house for the sale of ale, beer, cider, or other liquors, not
spirituous, by retail, after the first Monday in the month of May next, contrary to the
E visions of this act, he, she, or they shall, upon conviction thereof, before any two of
Mijesty's justices of the peace, within the district where such person or persons shall
neside, upon the oath of one of more credible witness or witnesses, or upon the confession
of the party chained, forfeit and pay a sum not less than two pounds, nor more than five
pounds, for each and every offence of which he, she, or they shall be convicted, to be
levied by distress of the goods and chattels of the offender or offenders, by and under
the authority of a warrant from the magistrates before whom such conviction shall happen,
together with all lawful costs and charges, and for want of sufiicient distress, the body of j^^d in default thereof;
such offender or offenders shall, by order of such magistrates, be committed to the com- ^^^ ^ ^ "»P""
moa gaol of the district for a period not less than ten days, nor more than thirty days.
V. And be it further enacted by the authority aforesaid, That one half of every pecu-
niary penalty which shall be levied under and by virtue of this act, shall be paid by the
person receiving the same into the hands of his Majesty's receiver general, to and for the
use of his Miyesty, his heirs and successors, for the public uses of this province, to be
accounted for through the lords commissioners of his Majesty's treasury, for the time
being, and the other moiety to the informer or person who shall sue for the same.
VT. And be it further enacted by the authority aforesaid, That any justice, on complaint
or information that any person or persons licensed as aforesaid, whereby in the judgment
of such magistrate the recognizance hereinbefore stated shall be forfeited, or the condition
thereof broken, may, by summons under his hand and seal, require such person or per-
sons to appear before the next general and quarter sessions, to answer to such complaint
or information, and also shall bind the person who shall make complaint, or any other
person, in a recognizance to appear and give evidence ; at which said sessions, a jury
shall be empannelled to inquire of the complaint preferred, and if such jury shall, upon
hearing evidence, determine that the person complained of, hath done any act or thing
whereby the condition of his recognizance is brd^en, such act being by them named, the
justices before whom such matter shall have bem tried, shall order the recognizance of ^ forfeitwe of re-
such person or persons to be established in his Majesty's court of king's bench of this cognizance, party disa-
province, and such person or persons shall be disabled from obtaining a license for the J^^'fo"<*J!^ **•
sale of beer, ale, eider, or other liquors, not spirituous, as aforesaid, for the space of one
year then next ensuing.
VII. And be it further enacted by the authority aforesaid, That in such town or place
where any fair shall be kept, for the time only of said fair, it shall be lawful for every
person to use common selling of ale, beer, or cider, or other liquors, not spMtuous, in
°oo(h| or other places, in sueh town or place, as aforesaid, without being required to take
out a license for so doing.
Viit. And be it further enacted by the authority aforesaid. That it shall and may be
J'^Cul for the magistrate to whom application shall be made for licenses as aforesaid, to
^"^^nnine the number of housoPvhieh shall be licensed in each of the said towns and
41
Digitized by
During ftirs, persons
may' sell ale, &e. in
booths without license.
Justices shall deter>
mine the number of ale
houaes proper to bo
Google
306
C. 16.— Fourth Yhar or Gborok IV.— 1823-
[Third Ssmiov,
kept in aaeli town or
CwrtiBMMe oTlUf Mt.
for fo«r
yews, by 7th Geo. IV,
ell. 8ee8UiGeo.IV,
e 11.)
villages, as aforesaid : Provided always. That if any person or persons shall have been
refused a license or licenses by the magistrates, to whom he, she, or they «hall have
applied for the same, and shall feel aggrieved by such decision, it shall and may be lawful
for such person or persons to apply to the magistrates in general quarter sessions assem-
bled, at their next session;, for redress ; and if the majority of such magistrates, bo
assembled, shall be of opinion that such applicant or applicants is or are entitled to a
license, as aforesaid, it shall be lawful for the chairman of such court of general quarter
sessions, and he is hereby requu-ed, to grant a license or licenses to such apj^eant or
applicants, upon his, her, or their compliance with the provisions hereinbefore contained.
IX. And be it further enacted by the authority aforesaid. That this aet aMB be and
continue in force for two years from the passing thereof, and frcnn thenee to the end of the
then next ensuing session of parliament, and no longer.
Freambk.
82d Geo. HI, e S,
jS75 fteithiff Appropri-
ated towar£ pnrcEif-
ing A set of standard
wei^iB and measorea,
to be deposited with
the aecietwy of the
province.
Beeretary of the pro-
rinee to fomiah each
diatriet with a standard
of anch weights and
measures as are depo-
sited with him.
Mvietfvtes of each dis-
trict to appoint a person
to take cnarse of the
district standard, and
to be inspector of
weights and measures;
whfi s^Q examine and
mark all sach weights
and measures as are
presented to him, foond
to agree with his stanr
darC
Magistrates may re-
Chapter XVI«
An act to repeal an act passed in the thirty-second year of his Majerty^s reign, eMMM,
^^ An act to establish the Winchester measure^ and a standard for other weighis md
measures^ throughout this province^^'* and to appropriate a s%tm ofmonsyfor the pw*
pose of obtaining a standard for weights and measures for this province.
- [Passttd Bianh !•, MO.]
Most oracious Sovereign:
Whereas an uniformity of weights and measures is much desired in thia proviiK^e, and
whereas an act passed in the thirty-second year of his late Majesty's reign, entitled, ^^An
act to establish the Winchester measure, and a standard for other weights and measures
throughout this province,^' is found fneffectual to the attainment of that objeet ; be it
enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constilnteA
and assembled by virtue of and under the authority of an act passed in the partiameBt
of Great Britain, entitled,*^' An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual proviaioa for the
government of the province of Quebec, in North America, and to make further proymom
for the government of the said province,' " and by the authority of the Same, Hiat the said
act shall be, and the same is, hereby repealed.
f I. And whereas a ^um of money is required to defray the expenses of prociiring a
standard for weights and measures, to be used in this province ; we, your Majea^'s most
dutiful and loy>l subjects, the commons of Upper Canada, in provincial parliament asseia-
bled, beseech your Majesty that it may be enacted, and be it enacted by the authority
aforesaid. That from and but of the duties raised, levied, and collected, or hereafter lobe
raised, levied, and collected^ to and for the public uses of this province, and ttDaj^va«
priated, there be granted to his Majesty, his heirs and successors, the sum of aeventy-£re
pounds, sterling, which said sum of seventy-five pounds, sterling, shall be disposed oi,
appropriated, and applied, towards defraying the expenses of obtaining a oomplete set of
weights and measures, according to the standard of his Majesty's exchequer in England,
which said weights and measures shall be placed and remain in the charge and custody of
his Majesty's secretary of the province.
III. And be it further enacted by the authority aforesaid. That so soon as the m^ority
of the 4nagistrates in quarter sessions assembled, within any district of this provii^ee, shall
address the governor, lieutenant governor, or person administering the govenpyment of
this province, for that purpose, it shall and may be lawful for him- to order the said secre-
tary forthwith, at the cost of the said district, to furnish the said district with a true
standard of such weights and measures, as may be required by the said address, made of
such durable materials as shall, by the said secretary, be deemed most proper for that
purpose.
IV. And be it further enacted by the authority aforesaid. That the ma^tcatea in quar-
ter sessions assembled for any district of thia proyinee, shall and may. appoint a judicioua
and proper person as inspector, to take charge of aU such weights and measures aB shall
have been by such district obtained as aforesaid, the duty of which inspector it ^haU biei
at all proper times, when application to him for that purpose shall be made, carefiiUy to
examine and compare any and all weights and measures which shall be presented to him
for that purpose, with the standard in his charge, and when found of the true weight or
measure, to mark, stamp, or brand the same (if a meaaure) as near the two ends, or top
and bottom, as may be, G. IV. R., for which he shall receive for every piece sa. macke4,
stamped, or branded, as aforesaid, four pence, and no more.
V. And be it further enacted by the authority aforesai4. That the ai^igiatiftte^ %t afor^
said, shall have power to remove from such office, any and ^1 inspector or inspectors
Digitized by VrjiJOV IC
Eioaini Pabuavknt.]
C. \l.-^FovaLTu Year of Gbobos IV.— 1823.
397
appointed as aforesaid, when and so often as they shall think proper, and appoint others
to the said office : Provided always. That all and every the inspector ox inspectors, so
appointed as aforesaid, before, or immediately upon entering upon the duties of his office,
shall take and subscribe to the following oath, in open sessions :
'^ If A. B.y do sincerely promise and swear, that I will carefully preserve all such
ivei^ta aBd measures as shall be given me in charge as a standard for the district of
and that I will honestly and faithfully discharge the duties of inspector of weights and
meaaurea for the said district of , according to the true intent and meaning of an act
of the parliament of this province, passed in the fourth year of the reign of King George
the Fourth, according to the best of my abilities and knowledge, and deliver them over
to my suceesaor in office duly appointed for that purpose, when required so to do. So
help me God."
YI. And be it further enacted by the authority aforesaid. That all store keepers, shop
keepers, millers, distillers, butchers, bakers, hucksters, and other trading persons, inha-
bitants of such district, for which a standard of such weights and measures as aforesaid
shall have been obtained, who shall, after the expiration of six months after such standard
of weights and measures shall have been received, and inspector appointed as aforesaid,
hare in his possession any weights or measures whereby he sells or buys any article, for
the weighing or admeasurement of which such standard of weights and measures are
generally used, any other than such weights or measures as have been examined and
stamped, or marked as aforesaid, shall forfeit ibr every offence two pounds, provincial
cQirency, beine thereof convicted before any one or more justice or justices of the peace,
on the oath m one credible witness, which sidd penalty, together with all reasonable
costs, shall be levied by distress and sale of the offender's goods, and in default of dis-
tress, such offender shall be committed to the eommon gaol of the district for a term not
exceeding one month.
VII. .£id be it further enacted by the authority aforesaid. That one half of the said
poalty, to forfeited as aforesaid, shall be paid to the informer or informers, and the other
half to hia Majesty's receiver general, to be applied and appropriated towards the support
af the eivil government of this province, and to be accounted for to his Majesty through
the lords commissioners of his treasury, in such manner and form as his Majesty, his
heirs and successors, may be graciously pleased to direct.
VIIL And be it further enacted by the authority aforesaid. That so much of the said
tmn of seventy-five pounds as shall remain unexpended under the provisions of this act,
shall be at the disposition of the provincial parliament, any thing in this act contained to
the eontrary notwithstanding.
IX. And be it further enacted by the authority aforesaid. That the sum of seventy-five
poDAds, hereby granted to his Majesty, shall be paid by the receiver general of this pro-
fjoce, in diaeluirge of such warrant or warrants as shall for that purpose be issued by the
governor, lieutenant governor, or person administering the government of this province,
and shall be accounted for to his Majesty through the lords commissioners of his Majesty's
treasury, in such manner and form as his Majesty, his heirs and successors, shall be gra-
eionsly pleased to direct. ^
ixr
Intpecton to tikt i
fwtb.
Form thereoT.
Penalty for any tt^idhkr-
penoni haring in their
posyession any weights
or neaanrM, not atattA*
ed liy the diatri«t iiH
•peotor.
AppropriatioB of penal-
ties.
Sorplna of the aam
hereby exanted, to re-
main at the dispotalof
parliament.
The mm of £75 here-
by granted, to be paid
by tlie r eceirer caneral.
and aceoontcd tortliro'
thelordsof hia Mi^
ty't treaauiy.
Chapter XVII.
An act to eantinuefar a limited time an act passed in the fifty-eighth year of his late
Majesty's reign, eniUledy " An act granting to his Majesty a duty an licenses to auc-
tioneers^ and on goods, wares, and merchandize, sold by auction?'
[PaiKd March 19, 1828.]
Most oracious Soyerision:
Whereas an act passed in the fifty-eighth year of the reign of our late sovereign lord,
King George the Third, entitled, " An act granting to his Majesty a duty on licenses to
aactioneers, and on goods, wares, and merchandize, sold by auction," is about to expire ;
«nd whereas it is expedient for a limited time to continue the same; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legblative council and assembly of the province of Upper Canada, constituted and assem-
Med by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, * An act for making more effectual provision for the go-
vernment of the province of Quebec, in North America, and to make further provision for
Ae government of the said province,' " and by the authority of the same. That the said
act be, and the same is, hereby continued for four years, and from thence to the end of
the dien next ensuing session of parliament, and no longer.
Preamble.
tSth Geo. Ill, 0 6, re-
oiled.
fiSth Geo. Ill, e a, con-
tinned for foor yean,
and from thence to the
end c»f the nest aoaaioa
of parliament
(Contlnned for fimr
yean, by9th Geo. IV,
elO.)
Digitized by
Google
SS8
C. 18, 10, «0.— Fourth Ykar of Gbokob IV.— 188S. [Tmn> SsMov,
Preamble.
58th Geo. Ill, e 5, con-
tiuued for fonr years,
and from theoce to the
end of thenoxt leiiion
ofpariiament.
(Coatinued for four
yean, by flch Geo. lY,
c 8.)
Chapter XVIII.
Ah act to continue for a limited time an act passed in the fifty-eighth year of his late
Majesty^s reign^ entitled^ "-4n act to continue^ repeal part of and amend an ad
passed in the fifty-sixth year of his Majesty^s reign^ entitled , * An act granting to his
Majesty duties on licenses to hawkers^ pedtars, and petty chxtpmen^ and other trading
persons^ therein mentioned^ and to extend the provisions of the same.' '*
[Pasted March 19, 182S.]
Most oraciovs Sovbreion :
Whereas it is expedient to continue for a limited time an act passed in the fiftj-eigfath
year of the reign of our late sovereign lord, King George the Third, entitled, " An act to
continue, repeal part of, and amend an act passed in the fifty-sixth year of his Majesty's
reign, entitled, ^ An act granting to his Majesty duties on licenses to hawkers, pedlars,
and petty chapmen, and other trading persons therein mentioned, and to extend the pro-
visions of the same ;' " he it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authoiitj
of the same, That the said act be, and the same is, hereby continued for four years, and
from thence to the end of the then next ensuing session of parliament.
Chapter XIX.
An act to make good certain monies issued and advanced by his excellency the Ueutenant
governor; in pursuance of the address of the house of assembly of this province,
[Orantjnir £1,747 128. 7a, to make good a like sum adranccd to meet the contingent expenses of the legidatiire b thstes-
aian of 1822.]
(See 2d Geo. IV, e 10,
2d cession.
Preamble,
Persons prohibited
from catching salmon
between 10th Norem-
')er and Ist Jannary, in
•*ch year.
The provisions of 2d
Geo. rV, c 10, session
2d, extended to the
whole of the river
Trent.
Cbapter XX.
An act to repeal part ofi and to amend and extend the provisions of an act passed in the
second year of the reign of his present Majesty^ entitled, " An act to repeal the Imoi
now in force relative to the preservation of salmon, and to make further provimon
respecting the fisheries in certain parts of this province , and also to prevent accidents
by fire, from persons fishing by torch or fire lights
[Passed March 19. 182S.]
Whereas it is necessary to repeal part of, and to amend and extend the provisions of
an act passed in the second year of the reign of his present Majesty, entitled, ** An act
to repeal the laws now in force relative to the preservation of salmon, and to make fur-
ther provision respecting the fisheries in certain parts of this province, and also to prevent
accidents by fire, from persons fishing by torch or fire light ;" be it enacted by the Ki'n^s
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, '^ An act to
repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
* An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,'"
and by the authority of the same, That the second clause of the said act be, and the same
*is, hereby repealed.
11. And be it further enacted by the authority aforesaid, That from and after the passing
of this act, it shall not be lawful for any perron or persons at any time, from the tenth
day of November till the first day of January, in each and every succeeding year, to take,
catch, or kill any salmon or salmon fry, in any manner whatsoever.
IIL And whereas by the act aforesaid, it is among other things enacted. That it shall
not be lawful for any person or persons in the Home district, district of Newcastle,
and district of Gore, in this province, to take, catch, or attempt to take or catch, by
setting any net or nets, wear or wears, any salmon or salmon fry, in any of the creeks
or rivers in the aforesaid districts ; and forasmuch as part of the river Trent lies in the
Midland district, where wears and nets are now commonly set and used, wherebj
the salutary object of the said recited act is in a great measure defeated ; for remedj
whereof, be it enacted, and it is hereby enacted by the authority aforesaid, That from and
Digitized by VniJOVJ IC
Ei«BTR Parxjaxknt.] C. 21y 92. — Foubth Ysar or Gsobgb IV. — 18S8.
after the passing of this act, the several clauses, provisions, fines, and forfeitures, in the
said recited act contained, except in so far as thej are necessarilj varied or repealed in
this act, shall extend to the whole of the said river Trent, in all its winding and turnings,
hays and creeks, running into or communicating with the same.
IV. And whereas the intention of the said act is in a great measure defeated by per-
soiis employing Indians to catch salmon, after the expiration of the time limited by the
said act, be it Uirther enacted by the authority aforesaid. That from and after the passing
of this act, it shall not be lawful for any person or persons to employ, buy from, or receive,
under any pretence whatever, from any Indian or Indians, any salmon, taken or caught
within any of the said districts^ during the period in which persons are prohibited from taking
or attempting to take or catch, any salmon or salmon fry within the said districts, and au
and every person and persons convicted of having infringed the provisions of this clause,
upon the oath of one or more credible witness or witnesses, before any two of his Ma-
jesty's justices of the peace in and for such district, wherein such offence shall have been
committed, shall be subject to the same penalty and imprisonment to which persons are
now, by the said recited act, liable for infringing the provisions thereof.
y. And be it further enacted by the authority aforesaid. That one half of any such fine
as aforesaid, levied or collected, or to be levied or collected, by virtue of this act, shall
be given to the informer, and the other half shall be paid into the hands of his Majesty's
receiver general, to and for the public uses of this province, to be accounted for to his
Majesty, throu^ the lords commissioners of his Majesty's treasury, for the time being,
in such manner and form as his Majesty, his heirs and successors, shall be graciously
pleased to direct.
nlmoB of IndiaBSsWithF
in the proUlnted pe-
riodc
DiitiiMkNi oC
Chapter XXI.
Anadio provide an addUional allowance to the reverend Robert Addison^ chaplain of
the house of assembly ^ for his long and faithful services as chaplain thereof
IGfUtiBg kirn a pcBiion of £JSO per aiimim during life, for serricet rendered tm chaplnin to the hoa«e of Meeinbly, for
tluitj yean.]
Cbapter XXII.
An act vesting in the hands of certain commissioners therein named j all the stock, debts,
bonds, and property, of the pretended bank of Upper Canada, lately established ai
JSingstan,for the benefit of the creditors of that institution,
[Puted March 19, 1828.]
Whebeas Benjamin Whitney, Smith Bartlet, and others, some time in the year of our
Lord one thousand eight hundred and nineteen, did set on foot and establish a certain
association, under the style and title of ^^ The president, directors and company of the
bank of Upper Canada," and procured subscriptions thereto, to a considerable amount, for
the avowed purpose of raising a joint and transferable stock, upon the credit whereof to
issae bank bills, and carry on the business of banking at the town of Kingston in the
Midland district of this province ; and whereas the said association have stopped payment
and declared itself insolvent, whereby a great portion of the inhabitants of this province,
hoLding their said bills or notes, and who have taken stock in the said bank, as well as
others, have been defrauded of the same, and are likely to be without redress, unless some
legislative remedy should be provided for their relief; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and assembly
of the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ^An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That from and after the passing of this act, the honora-
ble George Herkimer Markland, John Kirby, esquire, and John Macaulay, esquire, shall
be and they are hereby appointed commissioners and trustees, to be styled the board for
settling the affairs of the pretended bank of Upper Canada, lately established at Kingston
in this province, in whom shall be vested all the estate, both real and personal, bonds,
bills, notes, and other securities, stock, rights, credits, and effects, of the said institution
BO established, as aforesaid, and which board, by its name and style aforesaid, shall have
full power and authority to ask, demand, sue for, recover, and receive, and notwithstand-
ing a further day may be given for the payment thereof, of and from all persons whatsoever,
who are indebted to the said association, or to any person or persons to its use, all the
(ABMBdedWlOiGoo.
|y, e 21. 4tk aeeiioa.
Repeded bj 9tk Ooo.
iy,c4.)
Preamble.
Board for aetUiag tke
affair* of the pretended
iMuik of Upper "
eatabliahed.
powera In reeofe^
deMa and t^piptyimg
Its
anna reeeired. '
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Google
C. SS.— FbuKTH YsAB or Obobob iy.-^18SS.
[Twsp 6n«(o»,
Bond empowered to
bring befora them and
exaaune alt penona
ooBMetad wifli the
baak* and to aaU for
flMir booki and papan;
Md apoB veAiaal to gira
•TidMea, Ifce. toeom-
irit thaa to gaol.
Ito^ri tft MHtfliatof Vtrltr
Oayi and plaeas of
Mating to be pnbUfli^
ad.
Faulty of
2s£r«
Boaid to kaap aaae-
•out of all AoCaa ra-
IbythMD.
Ptetiaa eoBcaned ia
the Mid bank aathori-
aad to bring actiona
ana againat tha other.
deaiaads diM or growing due thereto, and to sell or diapose of, either at private sale or
public auction, all such lands, tenements, and hereditaments, goods, chattels, and efiocts,
as may come into their hands by virtue of this act, and to apply the same, after the ex-
penses of carrying this act into effect, in discharge of such certificates as shall be granted
to persons having claims or demands : Provided always. That if it shall so happen that the
whole or any of the persons herein named, as commissioners and trustees, shall be unwil-
ling to act in such commission and trust, or that any vacancy shall occur therein, then and
in such case the honorable George Herkimer MarMand, John Kirby, and John Macaulay,
or any two of them, shall, and they are hereby authorized and required to, nominate and
appoint at their discretion a person or persons to act as commissioner or commissioDen , as
uoresaid ; and. Provided always, That in any subsequent vacancy, the acting commission-
ers, or a majority of them, shall have power, and they are hereby required, to appoint a
fit and discreet person to supply such vacancy.
II. And be it further enacted by the authority aforesaid. That the said commissioners,
or the majority of them, shall have full power and authority to hear and determine all
claims and demands against the said bank, as well by the stockholders, for the amount of
the stock originally subscribed for or purchased by them, whether declared forfeited by
the rules of the said bank or not, and holders of the notes of the said bank for the value
thereof, as by other creditors of the said association, and to grant the claimants certificates
of the amount so found due to them, which certificates shall bear interest from the^date
thereof, and be paid by the said board out of any monies that shall come into their hands
by virtue of this act : Provided always. That no certificates that may be granted to the
said Benjamin Whitney, Smith Bartlet, or either of them, or to any other director or officer,
or stockholder of the said association, shall be paid, until the certificates granted to other
persons shall have been first paid and discharged.
III. And be it further enacted by the authority aforesaid, That the said board shall
have full power and authority to summon or bring before them, by warrant or otherwise,
as may be deemed most expedient, all or any of the directors and other officers of the saia
company, and to require them to produce all the books, papers, and other documents of
the said bank, and to examine them touching the affairs of the said bank, and to reduce
their examination to writing, to be filed amongst the records of the said board, and also to
commit the said persons or any of them, or bind them in recognizances, either alone or
with sureties, according as the board shall deem expedient, for further examination ; and
also, in case they or any of them shall refuse to make a full discovery of the affairs of the
said bank, or to produce any books, papers, or documents relating thereto in their posses*
aion, power, or control, when thereunto required by the said board, he or they so refusing
shall stand committed to the common gaol of the district where the board shall ait, until
he or they shall comply therewith.
IV. And be it further enacted by the authority aforesaid. That the said board shall
appoint a cleric, who shall sign all warrants, certificates, and other papers, by order of the
board, who shall receive such a stipend, while employed, as the said board shall deem
proper, to be paid out of such monies as shall come into their hands by virttie of this set.
y • And be it further enacted by the authority aforesaid, That the said board ahaU froa
time to time appoint eertain days and places, when and where they will sit for the hearing
of claims, and shall publish the same in such newspapers as they shall deem expedient.
VI. And be it further enacted by the authority aforesaid. That the said board, their
elerk, and all eomBiissioners for taking affidavits in the court of king's bench, abaU have
power to administer oaths to all persons required to be examined by virtue of this aet, and
that all and every person or persons who shall forswear himself or themselves in aaj
ajldavit or examination, taken In pursuance of this act, shall upon conviction ineur all the
pains and penalties which may be inflicted upon persons guilty of witful and ecMrmpt pe^
jury by the laws of this province.
VII. And be it further enacted by the authority aforesaid. That the said board shaU
keep an account of all the notes presented to them for payment, and for which they shall
give such certificates as aforesaid, and shall, upon giving the said cerlifieates, write upon
uie said notes in red ink, ^' eancelied and certified by the board,'' and shall deposit the
same vrith the records of the board until the affairs of the said bank shall be fully settled
and adjusted.
VUI. And be it further enacted by the authority aforesaid. That if the said board shall
find it neoessary to aj^iropriate the whole or any part of the share or shares of the profit
or stock, found by tbem to belong to the said Benjamin Whitney, Smith Bartlet, or any
other officer, <h* director, or stocldiolder of the said pretended bank, they, the said Benja-
min Whitney, Smith Bartlet, or other officer, or director, or stockholder, or their respective
executors or administrators, shall and may severally and respectively have and maintaia
an action or actions at law, as for money had and received, the one against the other, his
Digitized by
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Eighth PABLtAMXirr.]
C. S3. — Fourth Ykab or Gsorgb IV. —
an
executors or administrators, for any loss sustained by the party bringing such action against
the other by whose fraud, defalcation, abstraction, or misapplication of the funds of the
said bank, the board aforesaid may so find it necessary to make such appropriation.
IX. And be it further enacted by the authority aforesaid, That the commissioners
aforesaid, and all such commissioners as may be appointed under and by virtue of this act, ^^ to b« i«iA
shall furnish an annual account and statement of the afiairs of the' said bank, and their E^fore the%giitaiwSk
proceedings therein, to be laid before the legislature of this province, the first day of every
aessioD, tiU the final settlement and closure of the said affairs by this act committed to
them.
X. And be it enacted by the authority aforesaid, That all sale, conveyance, or transfer
whatsoever, of the private property or estates of the said Benjamin Whitney, <Smith
Bartlet, John William Ferguson, Christopher Alexander Hagerman, Henry Mumey, John
McLean, Thomas Dalton, Archibald Richmond, John Gumming, Neil M'Leod, or any or
either of them, heretofore made in contemplation of the insolvency or failure of the said
hank, or tn ooatemplation of evading any remedies to be provided by law for the security
of the public against losses by the said institution, are hereby^ declared to be fraudulent
and void, and of none effect ; and that no sale, conveyance, or tranafery Hereafter to be
made by the said Benjamin Whitney, Smith Bartlet, John William Ferguson, Christopher
Alexander Hagerman, Henry Mumey, John M'Lean, Thomas Dalton, Archibald Rich-
mond, John Cunmiing, and Neil M'Leod, or any or either of them, or their respective
property or estates, shall be good or valid in law, till the final adjustment of the said aftdrs
of the said bank, except with the consent of the said commissioners, or a majority of them,
by JQitrument under their hands and seals, giving and expressing such consent: Provided,
nevertheless, That nothing herein contained shall extend, or be construed to extend, to
repeal any provisions or remedies made and provided in an act of the British parliament i4thGM. ii,ol?.
passed in the fourteenth year of the reign of George the Second, chapter thirty-seven^
astitled, '* An act for restraining and preventing several unwarrantable schemes and
uadertakings in his Msyesty's colonies and plantations in America."
Board to fiimuk •■ m-
BHftl aecowkt of tboir
Soles of Oieottatoi tf
the direeton prohibit
od QBtil ofainoCtho
bank are oloiod.
(Am re|«cdi Huh p«f
■oaal eatatoit wwmuj
by 4th Geo. IV, eSL)
TVu wtwit to
th*
Chapter XXIII.
An act to provide Jar the eompletion of the gaol and court house, in the London district
of this province^
(Paised Harch IS, 18»-l
Whjkrieas it appears by the petition of the magistrates of the London district, that the
funds applied to the building of a gaol and court house, in and for the said district, are
insufficient for completing the said gaol and court house ; and whereas it is expedient to
authorize the said magistrates of the said district to raise a loan in aid ol the said
funds ; be it enacted by the King's most excellent Majesty, by and with the advice
and consent of the legislative council and assembly of the province of Upper Canada^
constituted and assembled by virtue of and under the authority of an act passed in the par-
liament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, 'An act for making more ^fiectual provision
for the government of the province of Quebec, in North America, and to make furtberprovi-
sion for the government of the said province,' " and by the authority of the 8ame> That it
shall smd may be lawful for the justices of the peace in and for the said district, in general
quarter sessions assembled, in April next, by an order of court, to authorize and direct the
treasurer of the said district to raise by loan from such person or persons, bodies politic
or corporate, who may be willing to lend the same on the credit of the district, a sum not
exceeding one thousand pounds, to be applied, together with the funds then remaining in
the handa of the said treasurer, for the use of the said district, and unapproprisjited} in the
building of the said gaol and court house.
II. Provided also, and be it further enacted by the authority aforesaid. That the
treasurer of the said district, for the time being, shall annually, until the loan so raised)^
with the interest accruing thereon, shall be paid and discharged,^ ^Pplj towards the
payment of the same a sum not less than one hundred and fifty pounds, from and out of
the rates and assessments coming into his hands for the use of the district as aforesaid,
together with all such monies as may remain in his hands, after the payment of the
ordinary and incidental charges of the year.
PMamUe.
Maciatntos mayraiao
bjloaiia avm not os-
ceodisr £1,000 in aid
of fiuida to finiah gaol
and eonrt houo ia tho
London diatriet.
Treaanrer
oertain n
ia diacharge
loan.
to apply a
aBBoaDr
of tb
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C. t4.— Fourth Yxar or Oxoroi: IV.— 1823.
[Third S
Bl^cCmtef of the
Hone diitrietto pro-
•ore plwia of gaol and
eonrt hooiie, to be erec-
ted in tbe laid diftriet
{flh> mneb of tibls ekiue
M relatea to the 9ch
aeetioiiof82dGeo.III.
e 8, repealed by 4lh
Geo. lY, e 83.)
Maciitrates may eon-
traet for the ereetion
of a gaol and eoart
houe in the Homedia-
triet
Anmnletfai thetrae
' aqrai^a hands not re-
qurad lor the ordinaiy
ezpenaea of the dia-
lriet,to benppUed to
bnfld the gnoiand eonrt
MagistrBtea anChoriaed
lokiiui not ezeeeding
£ifin, tor ^TtSZ
Not exeeeding aiz per
•ent hiteraat, tobe paid
lor bun
Chapter XXIV.
An act to provide for the erection of a gaol and court house in and for the Home
district,
[Faaaed Blarch 19, UBS.]
Whereas it appears by the petition of the magistrates of the Home district, that pro-
▼ision by law is required to authorize the erection of a gaol and court house in the said
district; be it therefore enacted by the King's most excellent Majesty, by and widi
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in th^ parliament of Great Britain, entitled, '^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making more
effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same, That the justices of the peace in and for the said district, in general
quarter sessions assembled, in the month of April next, shall be authorized, and they
are hereby authorized, by such means as to them shall seem most fitting and convenient,
to procure different plans and elevations of a gaol and court house, or either of them, to
be laid before them, for the purpose of selecting and determining upon one of the said
plans and elevations, which shall be approved of by the greater part of the said justices
then and there assembled as aforesaid.
II. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for any two or more of the said justices assembled in manner and form aforesaid, in
the name and on the behalf of the inhabitants of the said district, to contract, and thej
are hereby enabled and authorized to contract, with any person or persons who shall be
willing to build the said gaol and court house, or either of them, according to the plan so
approved of as aforesaid, upon the gaol reserve, in the tovim of York, in the district afore-
said, under the like limitations and restrictions as are required by the eighth and ninth
clauses of an act passed in the thirty-second year of the late King, entitled, '^ An act for
building a gaol and court house in every district within this province, and for altering the
names of the said districts."
III. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the justices of the peace, so assembled as aforesaid, and they are hereby autho^
rized to apply towards the expense of building such gaol and court house, or either of
them, all such monies arising from such rates and assessments as now are, or may come
into the hands of the treasurer of the said district, and applicable to the uses of the same,
not required for the payment of the ordinary and incidental expenses of the said district:
Provided always. That nothing in this act contained shall authorize the expenditure of a
greater sum than four thousand pounds, in the erecting and completing the said gaol and
court house, or either of them.
IV. And whereas, from the present state of the building used as a gaol in the said dis-
trict, it is highly expedient that the provisions of this act should be carried into effect
without delay, be it further enacted by the authority aforesaid. That it shall and may be
lawful for the justices of the peace in and for the said district, in general quarter sessions
assembled, in April next, by an order of court, to authorize and direct the treasurer of
the said district to raise by loan from such person or persons, bodies politic or corporate,
who may be willing to lend the same, on the credit of the district, a sum not exceeding
four thousand pounds, to be applied, together with the funds then remaining in the hands
of the said treasurer, for the use of the said district, and unappropriated, in the building
of the said gaol and court house, or either of them.
y . Provided also, and be it further enacted by the authority aforesaid, That the money
so borrowed, under the authority of this act, shall not bear greater interest than six per
centum per annum, and that the treasurer of the said district, for the time being, shall annually
until the loan so raised, with the interest accruing thereon, shall be paid and discharged,
apply towards the payment of the same a sum not less than two hundred and fifty pounds,
from and out of the rates and assessments coming into his hands for the use of the district
as aforesaid ; together with all such monies as may remain in his hands after the payment
of the ordinary and incidental charges of the year.
Digiti
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EioanrB PAMbrAVKirr.]
a t6, 96.--FO011TH YjBiLa 01* Gsoftu lY.— 1823.
Chapter XXV.
M ad grcmikm io Ids Mt^^jfe^tfa mmqfnumeff^to bec^ndUdin thepaifmetd ^amdafjf
to the aher^ of the Bathurat district.
[Paased March 19, 182S.]
Most gracious Soyebsign:
Whereas it is expedient to provide a salary for the sheriff of the district of Bathurst,
in like maimer as by law salaries are provided for . the different sheriffs in the other
distriets of this province ; may it therefore please your Majesty that it may be enact-
ed, and be it enacted by the King^s most excellent Majesty, by and with the advice and
consent df the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembfed by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more efljectual provision for the
S;ovemmeni of the province of Quebee, in North America^ and to make lurther provision
or the government of the said province,' " and by the authority of the same, That from
and out of the monies now raised, levied, and collected, or hereafter to be raised, levied,
and collected, to and for the uses of this province, and unappropriated, there be granted
to his Majesty, his heirs and successors, the sum of fifty pounds annually, which said sum
of fifty pounds shall be appropriated and applied for the payment of a salary to the sheriff
of the said district of Bathurst, for the time being.
II. And be it further enacted by the authority aforesaid. That the monies hereby
granted to his Majesty, shall be paid by the receiver general, in discharge of such warrants
as shall for the purposes aforesaid be from time to time issued by the governor, lieutenant
governor, or person administering the government, and the said receiver general shall
account to his Majesty for the same, through the lords commissioners of his Majesty's
treasury, for the time being, in such manner and form as his Majesty shall direct.
III. And be it further enacted by the authority aforesaid. That this act shall continue
and be in force until the seventeenth day of July, one thousand eight hundred and twenty-
six, and from thence to the end of the then next ensuing session of the provincial paiv
liament.
toUftM^ntjrJor the
pAjmentof ft Mkuryto
UMifaeriftofBMhMst.
Sftlftiy to be paid by the
reeeirer genenl, and
eecoanted for throagh
the lords commugion-
ers of hU Mftjetty'e
treasmy.
ContiBua^iCe.
Cbapter XXVI.
An ad granting to hi» Majesty a eum of money for the purposes therein mentioned.
[Pftssed Meroh IS, 18S3.}
Most qraciovs Sqvjbbbion :
Whereas it is expedient that the like provision be made by law for the support of com-
mon schools in the district of Bathurst, as is extended to the other districts in this
province ; we beseech your Majesty that it may be enacted, and be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the Iegisla>
tire council and assembly of the province of Upper Canada, constituted and assembled
bj virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, '^ An act to repeal certain parts of an act passed in the fourteenth year of his
M^esty's reign> entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same, That from and out of
Uie monies now raised, levied, and collected, or hereafter to be raised, levied, and collected,
to and for the uses of this province, and unappropriated, there be granted to his Majesty
annually the sum of two hundred and fifty pounds ; which said sum of two hundred and
fifty pounds shall be paid into the hands of the treasurer of the said district of Bathurst,
for the support of the said conunon schools.
IL And be it further enacted by the authority aforesaid. That the monies hereby
granted to his Majesty shall be paid by the receiver general, in discharge of such warrant
or warrants as shall for the purposes aforesaid be from time to time issued by the governor,
lieutenant governor, or person administering the government, and the said receiver general
shall account to his Majesty through the commissioners of his Majesty's treasury*, for the
time being, in such manner and form as his Majesty shall direct.
III. And be it further enacted by the authority aforesaid. That this act shall be and
continue in force until the seventh day of March, one thousand eight hundred and twenty-
four, and from thence to the end of the then next ensuing session of parliament, and no
42
Pxeemble.
£260 to be paid aninul-
lyto the treaturer of
the distrfet of Bathant,
for the f npport of eom«
mon ■ehooit.
To be paid by the r^-
eeiTer ceiiend, and ao-
eoonted for through the
lords eommituoiien of
hit Majeity'a trearaiy.
ContinoaBce.
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SS4
C. 27, 28.— Fourth Ygar or Gbobok IV.— 18S8.
[Tbdu> Skbbiok,
Preamble.
jSlOO granted annuaHy
a« a talaiy for the tea-
cher of a public school
inBathnrtt, aad shall
be paid by receirer ge-
nenl, and accounted
for through the lords
commissioners of his
Majesty's treasury.
Cbapter .XX VII.
An ad graniing to his Majesty a sum of maney^far the support of apubUesfAotd m
the Bathurst district.
CPaaaad March 19, 18%]
Most gracious SoT£REroN:
Whereas it is expedient that the like provision be made hj law for the establishmeDt
of a public school in the* district of Bathurst, as is extended to the other districts of this
province ; we beseech your Majesty that it may be enacted, and be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the legishtive
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth jear of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
, government of the said province,' " and by the authority of the same. That from and out
of the rates and duties raised, levied, and collected, or hereafter to be raised, levied, and
collected, to and for the public uses of this province, and unappro|Hiated, there be granted
annually to his Majesty, his heirs and successors, the sum of one hundred pounds, which
sum of one hundred pounds shall be appropriated, applied, and disposed of, in paying the
salary of the teacher of the public school which may be hereafter established in the said
district of Bathurst, and shall be paid by the receiver general of this province, in discharge
of such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for to his Majesty, his heirs and successors, through the lords commissioners of his Ma-
jesty's treasury, for the time being, in such manner and form as his Majesty, his heirs
and successors, shall be pleased to direct.
PNunUa.
A public school to be
established in Ottawa.
£100 granted to pay'a
teacher's salary.
School to be kept in
Longuicl.
Under the same regula-
tions as other public
schools.
Chapter XXVIII.
An ad to provide for the establishment of a public school in the district of OtOtwa,
[Passed March 19, 18S&.1
Most gracious Sovereign:
Whereas it is considered expedient, for the purpose of promoting the education of
the youth in the district of Ottawa, that a public school should be established in that dis-
trict, in like manner as public schools have by law been established in the different
districts in this province ; may it* therefore please your Majesty that it may be enacted, and
be it enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and as-
sembled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
S|ovemment of the province of Quebec, in North America, and to make further provision
or the government of the said province,' ^ and by the authority of the same. That from and
after the passing of this act, provision be made by law for the establishing a public school
in the said district of Ottawa.
II. And be it further enacted by the authority aforesaid, That from and out of the rates
and duties raised, levied, and collected, or hereafter to be raised, levied, and collected, to
and for the public uses of this province, and unappro]»'iated, ihere be granted annually to
his Majesty, his heirs and successors, the sum of one hundred pounds, which said sum of
one hundred pounds shall be appropriated, and applied and disposed of, in paying the
salary of the teacher of the said school ; which said sum of one hundred pounds shall be
paid by the receiver general of this province, in dbcharge of such warrant or warrants
as shall for that purpose be issued by the governor, lieutenant governor, or person adminis-
tering the government of this province, and shall be accounted for to ms Majesty, his
heirs and successors, through the lords commissioners of his Majesty's treasury, for the
time being, in such manner and form as his Majesty, his heirs and successors, shall be
pleased to direct.
III. And be it further enacted by the authority aforesaid. That the said school shall be
opened and kept in the township of Loncuiel, in the county of Prescott, at or near the
place of holding the general quarter sessions of the peace for the said district, at such
place as the trustees appointed, or hereafter to be appointed, or the majority of them, may
think proper.
IV. And be it further enacted by the authority aforesaid, That the said school shall be
established in like manner, and under the same rules, regulations, and restrictions, in
Digitized by VrjiJOV LC
EiOHTH PXrliamsnt.] C. 39^ 30, SI.— Fourth Ybar of Gborqk IV.— 1823.
eveiy particular, as are mentioned in two several acts of the parliament of this province,
the one passed in-the forty-seventh year of his late Majesty's reign, entitled, ^^ An act to
establish public schools in each and every district in this province," and the other passed
in the fi/ty-ninth year of his late Majesty's reign, entitled, "An act to repeal part of, and
to amend the laws now in force, for establishing public schools in the several districts of
this province, and to extend the provisions of the same."
Chapter XXIX,
An ad for the rdief of George Delong, George Bates, Alexander Gardener ^ Thomas
Dowstey, and James Smith.
(AUowing tkem aiz moatlis, ntpeethrdy, to timT«ne any inqiiiHtion retpectiog Uteir estntes, under the 54th Geo. Ill, c 9.]
Chapter XXX,
An act to repeal part of an act passed in the first year of his Majesty^s reign^ entitled j
" An act for edtering the time of holding the general quarter sessions of the peace in
the Home diUrict, and further to fix the time of holding the said quarter sessions.^^
[Pasted March 19, 1823.]
Whsss^s much inconvenience arises from the periods of holding the courts of quarter
sessions of the peace for the Home district happening at the same times with the terms
of the court of king's bench ; for remedy whereof, be it enacted by the King's most
excellent Majes^,by and with the advice and consent of the legislative council and assem-
bly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to
repeal certain parts <tf an act passed in the fourteenth year of his Majesty's reign, entitled,
^ An act formuing more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same, ^That so much of an act of the parliament of this pro-
vince, passed in the second year of his Majesty's reign, entitled, ^^ An act for altering the
time of holding the general quarter sessions of the peace, in the Home district," as fixes
the periods of holding the quarter sessions in the said district, be, and the same is, hereby
repealed.
If. And be it further enacted by the authority aforesaid, That from and after the quar-
ter sessions next ensuing the passing of this act, the court of general quarter sessions of
the peace, in and for the said Home district, shaU commence on the Tuesday of the week
next following the several terms of the court of king's bench.
Preamble.
Bo mneh of the 2d
Geo.rV,e I9,9m ngo-
latet the time oC Md-
h^cflieoiiarleri
in the Hobm dietriet,
repealed.
Time of Iioldlnr quar-
ter seiaiou la the
Homedictrict.
Ptcamble.
Chapter XXXI.
An act to authorize the minister and church wardens of St. Oeorge^s church, tSngston,
to surrender certain lands therein mentioned.
[Pemed March 19, ISia]
Whereas by letters patent, under the great seal of this province, bearing date the
eleventh day of March, in the year of our Lord one thousand eight hundred and five, lots
number one hundred and twenty-two and one hundred and thirty-nine, in the town of
Kingston, and Midland district, described as containing two-fifths of an acre of land, were
granted to the reverend John Stuart, minister, and Jermyn Patrick and Richard Robison,
church wardens, of Saint George's church, Kingston, their heirs and assignees, forever in
trust, for the purpose of building a parsonage house for the accommodation of the officiating
clergyman, for the time being ; and whereas it appears from the representation of the present
minister and church wardens of the said church, that the said grant does not answer the pur-
poses for which it was intended ; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, "An act to repeal certain
parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for
making more effectual provision for the government of the province of Quebec, in North
America, and to make further provision for the government of the said province,' " and by
the authority of the same, That it shall and may be lawful for the mmister and chiu-ch
wardens, for the time being, of the said church, to surrender the said grant into the hands
of his Majesty, his heirs and successors.
Digitized by
Minister and ehoreb*
wardena of St. Oeorge'a
chareh, Kingitoo, an*
thorixed to nurender a
certain gnat of land in
Kingston.
Google
SM
C. 88, 88, 84.— FovRfH Y»a» or Gsoboe IV—
[Tmaao Bi
An act far the rdief of Matthew OrookSy e9quin.
[Put ATS.— Allowing him lix months to tnrene wiy inquifhioB tlleetuig his property, (lot MUnber 14, Ah ecfioetiioB
of GruithMD,) voder the fiOtfa Geo. UI,« 12.]
Chapter XXXIII.
An act for the rdxef of John Boswell. '
[Put ed March 19, ISO.]
Preunbie. Whbreas an act was passed in the second year of his Majesty's reign, entitled, " An
act to-repeal part of and amend an act passed in the thirty-seventh year of his late Ma-
(See2dG«o. iv.eff.) jesty's reign, entitled, ' An act for the better regulating the practice of the law,' and to
extend the provisions of the same ;" and whereas it is among other things enacted, that
from and after the passing of the said act, no person shall be admitted by the court of
king's bench to practise as an attorney in this province, unless upon an actual service
under articles for five years, with some practising attorney in this province ; and whereas
it appeal's by the petition of John Boswell, a native of Enj^and, now resident in this
province, and by certificates and documents produced in support thereof, that he was
admitted an attorney of his Majesty's court of king's bench in England, in the year of
our Lord on€ thousand seven hundred and ninety-seven ; and also, that he came into this
province in the hope of being allowed to practise his profession of the law, but arrived a short
time subsequent to the passing of the said first recited act ; and whereaa the aaid John Bos-
well is desirous of practisiqg the law in this province, and it is expedient to relieve him from
the disability imposed by the said act ; be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of the pro-
vince of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making more
effectual provision for the government of the province of Quebee, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That any thing in the said act to the contrary notwithstanding, the coort of
king's bench may at its discretion admit the said John Boawell to practise as an attorney
in this province.
II. And be it further enacted by the authority aforesaid. That the law society may at
its discretion receive into the same, and introduce to the court of king's bench as a bar-
rister, the said John Boswell ; and thereupon being received at the bar of the court of
king's bench, he shall thenceforth be authorized to practise the profession of the law,
as fully to all intents an'd purposes, as any barrister now practises the same in this
province.
\hT.b
Cowtif ^
meyedmit J. BtfweU
iopffMtieeMfn ettor-
My of theft eourts
and law aoeiety may
admit hiniBtet&it fo-
detyas ahtfriater.
Pieamhle.
Chapter XXXIV.
An act to continue and amend an act passed in the fifty-ninth year of his late Majesty's
reign^ eniitted^ " An act for establishing a police in the town of Niagara, in the dis-
trict if Niagara, and far other purposes therein mentioned^
[Pasted March 19. ISSS]
WnsREAsit is expedient to amend and continue in part an act passed in the fifty-
ninth year of his late Majesty's reign, entitled, " An act for establishing a police in
the town of Niagara, in the district of Niagara, and for other purposes therein mentioned ;"
be it enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more eflfectual provision for the
! government of the province of Quebec, in North America, and to make further provision
or the government of the said province,' " aj^d by the authority of the same, That the
whole of the s^me, excepting the second clause in the said act, be continued.
II. And be it further enacted by the authority aforesaid. That the magistrates in quar-
_^ ^ ^ ter sessions assembled, for the said district, or the major part of them, in the month of
ITwISSlSr^'^lS ^^^^ ^^ ^^^ ^^^ every year, may raise by assessment from the jpersons rated upon any
tiwpoM«. assessment for property in the said town, a sum not exceeding filty pounds in any one
year, for keeping in repair a market house, now erected in the said town of Niagara, and
for purchasing and keeping in repair fire engines, ladders, buckets,^ and otW utensils for
Digitized by VrjiJijy It:
oOth Geo. in, c 6, ex-
cept the seoond chmfe,
ccntinaed.
Aram aot cxeeeding
dSOO may be i^ieed by
Pabuaksht.]
C. SS.--FO0BTH Ymmm or GaoMs iy.«-*-18B3.
tt7
extinguishing fires, and for making any other necessary improvements in the said town,
exclusive of the sum such persons may be rated for, in and upon any other assessment of
this province ; and in order to carrjr such assessment into effect, it dhall be the duty of ciMkcC Oe pmm \
the clerk of the peace for the said district, to select from ^he general assessments of the pt«pwe>oa
said district, a list or assessment of the rateable property that each and every person owns
or possesses in the said town, ready to be laid before the magistrates in quarter sessions
assembled, for the said district, in April, in each and every year after the present*
Chapter XXXT.
An ad to repeal part of an aeipaued in ikefifty-miMh year of his hie Mqjestg^s reign^
eniUled^ ^^An act to repeal an ordinance of the province of Q^Aec paeeed m the
twenty-fi^ year qf hie Mcgesty^e reign^ eniitkdj ^An ordinance concerning land siir-
t>eyore and the admeaenrement ofland^^ and also to ^end theprovieions of an act passed
in the thirty^eighth year of his Majesty^s reign^ entitled^ ^ An act to ascertain and
establish on a permanent footings the boundary line of the different townships in
this provmce^* and further to regulate the manner in which lands are heret^er to be
surveyedy^^ in so far as it affects the township of Cramake^ and to make furtker pro-
vision for ascertaining the side lines o^ lots within the same^ and also to authorize
tke correction of the eastern side Une M said township. ,
CPuMd March 19^ 182S.]
Whereas by an act of the parliament of this province passed iu the fifty-ninth year of his
late Majesty's reign, entitled, ^' An act to repeal an ordinance of the province of Qu(ebeo,
passed in the twenty-fifth year of bis Majesty's reign, entitled, ^ An ordinance concerning
land surveyors and the admeasurement of lands,' and also to extend the provisions of an
act passed in the thirty-eighth year of his Majesty's reisn, entitled, ^An act to ascertain
and establish on a permanent footing the boundary line of the different townships of this
province, and further to regulate the manner in which lands are hereafter to be surveyed,' "
it is among other things enacted, ' that all boundary lines of townships made in the first
survey shall be the true and unalterable boundary lines of all and every such townships
respectively, and also, that every licensed surveyor, when and as often as he is employed
to run any side line or limit between lots or lines, required to go the same course of the
side line or limits between the lots in the concession in which the land to be surveyed lies,
shall, if it has not been done before, or if it has been done before, but the course cannot
at such time be truly ascertained, determine by a true meridian line, or some other
infallible method, the true course of a straight line between the front and rear angles of
such concession, or that boundary of the township from which the lots are numbered, and
run such line or lines as aforesaid, truly parallel to such course, which is hereby declared^
and shall be deemed and taken to be the true course of such lines in the several townships
in this province ; and whereas it appears by the petition of the inhabitants of the township
of Cramahe, in the Newcastle district, and also from a report of the surveyor general of
this province, that the eastern side line of the said township of Cramahe, whence the lots
are numbered, was in the first survey erroneously run, whereby great confusion is daily
arising from the surveying of the side lines of lots in the said township, parallel to such
erroneous line ; and whereas it also appears by the report aforesaid, that the western side
line of the said township of Cramahe, toward which the lots are numbered, has been cor-
rectly and truly surveyed ; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That when and so often as any licensed surveyor shall be employed to run
any side line or limit between lots in the said township of Cramahe, reference shall only
be had to the western side line of the township in that concession, in which he is required
to survey any such side line or limit, in the same manner as is now directed by the before
Incited act for such reference to be had to the side line from whence the lots are numbered,
QDj thing in the said act contained to the contrary notwithstanding.
H. And be it further enacted by the authority aforesaid, That it shall and maybe lawful
'or the governor, lieutenant governor, or person administering the government, to direct
the surveyor general to order the said erroneous line to be resurveyed and corrected, and
that the expenses Incurred thereby shall be considered as part of the contingent expenses
pf the surveyor general's office, and that such line, so corrected as aforesaid, shall be, and
$t is hereby declared to be, the true and unalterable boundary line of the said township of
Cramahe.
PrHBU*.
Referenbe to be bad to
tbe western tide line of
the towntblp of Cnm-
■be in aU fnlnre f nnreyi
of that towntbip.
Sormer feaenl to o».
der Coe eeetern line oC
tbe Mid townahip to be
annrejed.
Digitized by
Google
SS8
C. 86, 37.— FouBTH YsAB of Gxorob IV.— 1823.
[Thibd Smiioir,
MthG«o.m,e86,uid
60ai,e 7, recited.
AfntfB for the fimporC
of eoBUiioa lohooit in
Niagan daring 1820,
and ■moe, to be paid to
the traaf nrer, on hit
neeoimtinglbr ■mne r^
eeived for the amari
of ISaO, a<wirdmg to
hnf>
TVwteei to make te-
portt, and treaanran to
paj teeehera their aaln-
riea.
Chapter XXXVI.
An act for the relief of teachera of common schools in the Niagara district.
[Passed Mai«h 19, 1S23.]
Whsrsas it appears that part of the funds advanced to the treasurer of the Niagara
district, under the authority of an act passed in the fifty-sixth year of his late Majesty's
reign, entitled, ^^ An act granting to his Majesty a sum of money, to be applied to the use
of common schoc^ throughout this province, and to provide for the regulation of the said
common schools," have been applied under the authority of the board of education for
that district, in payment of certain contingent expenses thereof, not authorized by the said
act, or any other act of this province; and whereas, in consequence thereof, the sum
granted by an act passed in the sixtieth year of his late Majesty's reign, entitled, '^ An
act granting to his Magesty a sum of money, to be applied to the use of common schools
throughout .this province, and to provide for the reflation of the said common schook,"
has been withheld from the treasurer of the said district ; for remedy whereof^ be it enacted
by the King's most excellent Majesty, by and with the advice and consent of the legisla-
tive council and assembly of the province of Upper Canada, constituted and assembled bj
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, '^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
S>vemment of the said province,' " and by the authority of the same. That from and after
e passing of this act, it shall and maybe lawful for the governor, lieutenant governor, or
person administering the government of this province, to issue his warrant upon the
receiver general, in favor of the treasurer of the Niagara district, for all such sum or
sums of money as may appear to be in arrears for the support of common schook therein,
for the year one thousand eight hundred and twenty, under and by virtue of the said act
of the legislature of this province, made and passed in the sixtieth year of the reign of
his late Majesty ; and also such sum or sums of money as may have thereafter accrued bj
virtue of the said act, upon the said treasurer accounting for the expenditure of the first
sum so to be issued by the receiver general of this province, according to the laws now in
force for that purpose : Provided always. That nothing in this act contained shall extend,
or be construed to extend, to repeal any part of the said act, or any other act of the legis-
lature of this province, making the treasurer, or any other person or persons, accountable
for the monies placed in his or their hands by virtue of this act.
\h And be it further enacted by the authority aforesaid. That if the trustees of anj
common school shall I^ave omitted to make their quarterly reports, in consequence of the
non-payment of their certificates in favor of school masters, it shall and may be lawful for
such trustees to make reports of such schools as shall have been regularly kept, in pursu-
ance of the above recited act ; and it shall and may be lawful for the treasurer of the said
district to pay to the teachers of such schools respectively, when the payments shall be
approved of by the board of education, and a certificate of good conduct shall be produced
from the trustees, such sum or sums of money as such teachers would respectively have
been entitled to receive, had the reports of their schools been regularly made.
No pen on to take any
•hernng at the outlet of
Butington baybetween
1st September and lat
Janoaiy, except on
Mondays. Tuesdays,
Wednesdm. Thurs-
days, and Fridays.
Cbapter XXXVII.
An act for the better preservation of the herring fishery at the outlet of Burlington hay.
[Passed March 19, 1823.]
Whebeab it is expedient to provide for the preservation of the herring fishery at the
outlet of Burlington bay, in the Gore district ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Great Britain, entitled,
'^ An act to repeat certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ^ An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,' '' and by the authority of the same. That it shall not be lawful
for any person or persons to take or catch, or attempt to take or catch, by setting or
drawing any net or nets, wear or wears, seine or seines, any herring at the outlet of Bur-
lington bay, or within two hundred yards of the said outlet, on the shore of lake Ontario,
between the first day of September and the first day in January inclusive, in each and
every year, at any other days or times, than Mondays, Tuesdays, Wednesdays, Thursdays,
and Fridays.
Digitized by VrjiJOV IC
Eighth Parliaiobnt.]
C. 38.— Fourth Ykar of George IV.— 18S3.
II. And be it further enacted by the authority aforesaid, That if any person or persons
shall be convicted before any two of his Majesty's justices of the peace for tihe Gore
district, on the oath of one credible witness other than the informer, of infringing the
proTisions of the foregoing clause, such person or persons respectively shall forfeit and
pay a sum not exceeding five pounds, nor less than five shillings, with costs, or in default
of payment, be committed to the common gaol of the district for a term not exceeding
thirty days, nor less than two days, unless the penalty and costs shall be sooner paid ; one
half the said penalty to be paid to the informer or informers, and the other half into the
hands of his Majesty's receiver general, to and for the public uses of this province, to be
accounted for to his Majesty through the lords commissioners of his treasury, for the time
being, in such manner and form as his Majesty, his heirs and successors, shall be graciously
plea»Bd to direct
Pemlty f(Mr iaflrlBgiiM;
Um bafoie Hwinfionca
DiftrilmtHm of pcmdAy.
Chapter XXXVIII.
An ad for the division of the township of Ameliasburghj in the county of Prince Edward,
[Pasted Mareh 19, 1828.]
Whereas from the great extent of the township of Ameliasburgh, in the county of
Prince Edward, in the Midland district of this province, and from the increase of popula-
tion therein, many great inconveniences occur to the inhabitants of the said township, in
meeting together upon public occasions ; and whereas it becomes expedient and necessary
to divide the said township of Ameliasburgh into two parts ; be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ' An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of*the same. That from and after the first day of January
next ensuing, the aforesaid township of Ameliasburgh shall constitute and form two town-
ships, and shaU be divided by the line running between the fourth and fifth concessions of
the said township, as follows : commencing on the eastern boundary line of the said
township, in the centre of the allowance for road between the fourth and fifth concessions,
from the bay of Quinty, alone the said concession line, then south fifty-eight degrees thirty
anDttes west, to Consecon Take, then through the same to the outlet from the said lake ;
thence along the said outlet to Wellar's lake ; thence through Wellar's lake north eighty-
three degrees west, until it intersects the beach on lake Ontario, and crossing the beach
to lake Ontario ; the north part to constitute and form the township of Ameliasburgh.
II. And be it further enacted by the authority aforesaid. That the south or lower part
of the aforesaid township of Ameliasburgh, shall constitute and form the township of
Hillier.
III. And be it further enacted by the authority aforesaid, That the said township of
Ameliasburgh, and the said township of Hillier respectively, shall be under the same
regulations, and entitled to the same privileges, as any other township within this pro-
vince.
IV. Provided always, and be it further enacted by the authority aforesaid. That such
division shall not by any means invalidate the legality of any existing conmiission granted
for the exercise of any authoritv or jurisdiction within the said townships, or to male void
or otberwise affect any grant of lands, or other legal proceedings, withm the limits of' the
said townships, any law or usage to the contrary notwithstanding.
The towmUpof Ame-
liMbvi^ dirided into
two towmlkipf •
SottUiiMtfttolMMlled
Hiia«r;
and to lunro (ke
priTHifM M
iownibiM.
Not to affeet mf eom-
mitsioB or othor mtttcr
hoiotofora ailrting.
Digitized by
Google
Feurth Sessloii of tbe eli^btli Provlnelal ParliameBt.
1I2T AT' TORK, OV TITE ELSTENTH DAT OF NOVEMBBlt, 180, AND PR(MIOOUED ON THE NI!VE-
TEENTH DAT OF JANUART, 1894, IN THE FOURTH TEAR OF THE REIGN OF
GEORGE IV.
SIR PEREGRINE MAITLAND, E. €. B., LIEUTENANT OOTERNOR.
18M»
(Ai
Me
€S«o.
Chapter !•
totfae ntaof dii^ An oct Jwther to regulate by law the commercial intercourse of the province of Upper
yj^g.J**' ^ Canada wUh the UnUed States of America.
[EXPIBSS.]
PrMmibk.
88d Geo. ni, e 12, eon-
tinned for eigiit yean.
Chapter II.
Anact further to continue an act passed in the thirty4hirdyear of his late Magegty^sreigny
e9ititledj ^^ An act to provide for Uie appointment of returning officers of the several
counties within this provinceJ*^
[Passed JaDoary 19, 1824.]
Whereas an act passed in the thirty-third year of his late Majesty's reign^ entitled,
^* An act to provide for the appointment of returning oncers of the several counties within
this province/' unless continued, will shortly expire ; be it therefore enacted by the Eing^s
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
* An act for making more efieotual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province, ' ''
and by the authority of the same. That the said first recited act shall continue, and be in
force for eight years, and from thence to the end of the then next ensuing session of par-
liament.
Acts rtgnlating the
eleetiB|; members to
serre m the honse dT
assemb J, and the qnali-
fieation of voters and
candidates at snch elec-
tions, hereby repealed,
▼in.
a6thGeo.IU,ea.
40UiGeo.UI,e8.
48th Geo. UI, ell.
Chapter III*
An act to repeal the several statutes of this province respecting the election of members
of the house of assembly y and the qualification of voters and candidates at such elec-
tions^ and to reduce the provisions thereof with some amendments^ into one od, and
also to provide against fraud in obtaining qualifications to vote at elections.
[Passed Januaiy 19. 1824.]
Wberbas it is expedient to repeal the several statutes of this province respecting the
election of members to serve in the bouse of assemblj^, and the qualification of voters and
candidates at such elections, and to reduce the provisions thereof, with some amendments,
into one act, and also to provide against fraud in obtaining qualifications to vote at elec-
tions ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more efiectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
same. That an act passed in the thirty-fifth year of his late Majesty's reign, entitl^, ^^ An
act to ascertain the eligibility of persons to be returned to the house of assembly ;" an act
passed in fhe fortieth year of his late Majesty's reign, entitled, ^^ An act for the more
equal representation of the commons of this province in parliament, and for the better
defining the qualification of electors ;" an act passed in the forty-eiehth year of his late
Majesty's reign, entitled, ^^ An act for the better representation of the commons of this
Digitized by VnUU^ IC
EieBTB PAHLIAfifSirr.]
C. 3.— FouBTH Ybab or Gaohos IV. — 1824.
341
64th Geo. Ill, 6 4.
68th Geo. Ill, e 9.
fgnmoee in .parliameDt," and to repeal part of an act passed in the fortieth year of his
Majesty's reign, entitled, ^^ An aet for the more equal representation of the commons of
this province, and for the better defining^ the qualification of electors ;'^ an act passed in
the fifty-fourth year of his late Majesty's reign, entitled, ^^ An act to repeal and amend
part of an act passed in the thirty-fifth year of his Majesty's reign, entitled, ^ An act to
ascertain the eligibility of persons to be returned to the house of assembly ;' " an act
passed in the fifty-eighth year of his late Majesty's reign, entitled, " An act to repeal an
act passed in the thirty-fifth year of his Majesty's reign, entitled, ' An act to ascertain the
eligibility of persons to be returned to the house of assembly ;' " and also to repeal an act
passed in the fifty-fourth year of his Majesty's reign, entitled, " An act to repeal and amend
part of an act passed in the thirty-fifth year of his Majesty's reign, entitled, ^ An act to
ascertain the eligibility of persons to be returned to the house of assembly,' and to make
fmther and more effectual provision for securing the freedom and constitution of the par-
liament of this province ;" and an act passed in the second year of his present Majesty,
entitled, ^^ An act to render ineligible to a seat in the commons house of assembly of this
province, certain descriptions of persons therein mentioned ;" be, and the same are, hereby
repealed.
II. And be it further enacted by the authority aforesaid. That from and after the passing
of this act, no person or persons, of what condition • soever, having been a bona fide resi-
dent in any country, not being under his Majesty's government, or who shall have taken
the oath of allegiance to any other state or power, shall be eligible to be proposed, chosen,
or elected as a representative or representatives of any city, county, riding, or borough,
or other place of any description, now or hereafter sending a representative or represen-
tatives to the house of assembly of this province, until such person or persons shall have
resided in this province for and during the space of seven years next before the election
at which any such person or persons shall be proposed, elected, or chosen as a represen-
tative or representatives, as aforesaid.
HI. And be it further enacted by the authority aforesaid. That if any person or persons,
as aforesaid, ^ot having resided in this province for seven years, as aforesaid, shall propose
or offer himself, or themselves, as a candidate or candidates to become a representative or
representatives of any county, city, riding, or borough, or other place, now or hereafter
sending a representative or representatives, and shall be thereof convicted by the o^th of
one credible witness, he or they shall forfeit and pay the sum of two hundred pounds.
IV. And be if further enacted by the authority aforesaid. That if any person or persons,
as aforesaid, not having resided in this province for seven years, as aforesaid, whether
such person or persons shall have proposed or offered him or themselves as a candidate
or candidates, or not, for any county, city, riding, or borough, or other place of any
description, now or hereafter sending a representative or representatives to the house of
assembly of this province, as aforesaid, shall presume, upon such choice or election, to
obtrude or present himself, or themselves, into the said house, as a representative or
representatives, as aforesaid, he or they shall forfeit and pay the sum of forty pounds,
over and besides the foregoing penalty, if such person or persons shall have incurred the
same, for every day that he shadl so obtrude or present himself or themselves.
V. And be it further enacted by the authority aforesaid, That from and after the passing
of this aet, no person or persons, now resident within this province, or who shall or may
at any time hereafter come into this province to reside, who shall or may have taken the
oath of abjuration against his Majesty's government, or who shall have been a member of ted sutea ©f A"|^*<^
the senatte or house of representatives of the United States of America, or any one of the offcncS^iS^^Vforei^
said United States, respectively, or who may have held any office in any of the executive ^^'^J'infaiour^
departments of state in the said United States, or state, respectively, or who shall be, or ishmenVBhidi^be ^
may have been, convicted in any foreign country of felony, or of any offence, which, if 2SSi^*^f*^Ji*,nJJjJrf
committed in this province, would subject the offender to infamous punishment, shall be this proTince.
capable of being elected to serve as a member in the house of assembly of this province,
any thing in this act, or any other law, usage, or custom, to the contrary notwithstanding.
VI. And be it further enacted by the authority aforesaid. That from and after the passing quaiiiioation witii rat-
of this act, no person or persons shall be eligible to be proposed, chosen, or elected, as a ^r^^i^mJJJJirrto^iljS
representative or representatives of any county, city, riding, borough, or other place, of inUieMieinWy.
any description, now or hereafter sending a representative or representatives to the bouse
of assembly of this province, unless he shall be possessed of an unincumbered freehold
in lands or tenements in this province, to the assessed value of eighty |)ounds, lawful
money of this province.
VII. Provided always, and be it further enacted by the authority aforesaid. That every
person who, from and after the passing of this act, shall appear as a candidate, or shall,
^y himself or any others, be proposed to be elected to serve as a member for any county,
city, riding, borough, or any part or place now or hereafter sending a member to the house
of assembly of this province, shall, and he is liereby enjoined and required, ujwn reaaoo-
43 Digitized by
ad Geo. IV, e 4
Fenou haying resided
in a foreign emintry, or
taken the oath of alle-
giance to a forei^ state,
shall not be eligible un-
less they have resided
in this province seren
years next before the
election at which they
shall be chosea '
Penalty on sach per-
sons offering them-
selres as candidates,
unless they shall hare
resided seven years.
Penalty on persons so
disqualified If being
elected they shall pre
aumetosit
Persons having ftbinred
allegiance to his Majes-
ty, or haviug held cer-
tain offices in the Uni-
Oath which any candi-
date may be required to
take.
Google
342
C. 3,— Fourth Y«ar of Osoroi: IV.— 1824.
(FOUSTR Ssssioif,
0»th M to rccidcoce
required m ocrteinea-
By whom such oaUm
are to be administered;
and certified.
The electing any can-
didate who snail refose
to take such oath, shall
bcTold.
Fee for administering
the oath and eiTiaff cer-
tificate.
How fines imposed by
this act are to be col-
lected and ap^d, and
aceounted for.
Voters baring taken
the oath of aflegiaBce
to a foreacn atale, or
were resident In the
Tea years in the) pno-
Tinee, and take the
oe4h oT allegiance to his
Bf^jetty, before their
▼ote caabe reeeiTed.
Voters required (ex-
- cevt in certain eases)
toVaTe beear in poaaee-
aaoB of the estate hi
rig^t of which they
tender their yoles, a-
bove twelre months
beforethe elections.
able request to him, to be made at the time of such election, or before the day prefixed
in the writ of summons for the meeting of parliament, by any other person who shdl stand
a candidate at such election, or by any two or more persons having a right to vole at such
election, take a corporal oath, in the following form, or to the following effect :
^^ I, A. B., do swear, that I truly and bona fide have such a freehold estate, [here
describe the estate,] over and above all incumbrances that may affect the same ; and am
otherwise qualified according to the provisions of law, to be elected and returned to serve
as a member in the commons' house of assembly, according to the tenor and true mean-
ing of the act of parliament in that behalf; and that I have not obtained the same
fraudulently, for the purpose of enabling me to be returned member to the commons' bouse
of assembly of this province. So help me God."
V'lII. And be it further enacted by the authority aforesaid, That if any candidate, as
aforesaid, shall have resided in the United States of America, he shaU, if required, in
addition to the foregoing oath, take the following:
" I, A. B., do sincerely and solemnly swear, that during my residence in the United
States of America, I have not taken or subscribed any oath of abjuration of allowance to
the crown of Great Britain ; and further, that during my said residence, I have not held
the office or appointment of senator, or member of the house of representatives of the
said United States, or of either of the said United States, respectively, or held or enjoyed
any office in any of the executive departments of state in the said United States, or state,
respectively. So help me God."
IX. And be it further enacted by the authority aforesaid, That the oaths required bj
this act shall and may be administered by the sheriff for any such county, as aforesaid, or
by the mayor, bailiff, or other officer or officers for any county, city, borough, riding,
place or places, as aforesaid, to whom it shall appertain to take the poll, or make the
return at such election for the same county, city, riding, borough, place or places, resf^c-
tively, or by any two or more justices of the peace witiiin this province '^ and the said
sheriff, mayor, or bailiff, or other officers, and the said justices of the peace, respectively,
who shall administer the said oaths, are hereby required to certify the taking thereof into
his Majesty's court of king's bench, within three months after the same, under the penalty
of forfeiting the sum of two hundred pounds ; and if any of the said candidates, or persons
proposed to be elected, as aforesaid, shall wilfully refuse, upon reasonable request to be
made at the time of election, or at any time before the day upon which such parliament
by the writ of summons is to meet, to take the oath or oaths hereby required, then the
election and return of su^h candidate shall be void.
X. And be it further enacted by the authority aforesaid. That no fee or reward shall be
taken for administering any such oath, or making, receiving, or filing the certificate thereof,
except two shillings and sixpence for administering the oath, and five shillings for making
the certificate, atid five shillings for receiving and filing the same, under the penalty of
one hundred pounds.
XI. And be it further enacted by the authority aforesaid. That the iines and penalties
imposed by this act may be recovered in his Majesty's court of king's bench in this pro-
vince, by action of debt, bill, plaint, or information, wherein no essoigne, privilege,
protection, or wager of law, shall be allowed, and only one imparlance, and one nciety
thereof shall be immediately paid into the hands of the receiver general, for the use of
his Majesty, his heirs and successors, towards the support of the civil government of this
province, and shall be accounted for to. his Majesty, his heirs and successors, through the
lords commissioners of his Majesty ^s treasury, for the time being, in such manner and fonn
as his Majesty, his heirs and successors, shall please to direct, and the other moiety to die
person who shall sue for the same.
XII. And be it further enacted by the authority aforesaid. That no person shall be
qualified to vote at any election of a member or members of the house of assemUy, who
shall have sworn allegiance to any foreign state, or have been a stated recent in the
dominions of the same, imless such person or pci*sons shall have been previously and
bona fide resident in this province, or in some other of the dominions of his Majesty, for
and during the term of seven years next preceding such election, and shaU have taken the
oath of allegiance to his Majesty.
XIII. And be it further enacted by the authority aforesaid. That no person shall be
qualified to vote as aforesaid, in respect of any estate sufficient to qualify nim by law, not
having come to him by grant from the crown, descent, devise, or marriage, unless the
deed of conveyance under which he claims to hold such estate shall have been registered
three calendar months before the holding of such election, or unless he shsll have been
in actual possession, or in the receipt of the rents and profits thereof, for his owi| use,
above twelve calendar months next before such election. ^ ^^r^r^lr
Digitized byVnOOv Ic
EllQHTH PaKLIAMSNT.]
C. 4. — Fourth Ysar or Gsobos IV. — 1824.
348
XIV. And be it further enacted by the authority aforesaid, That no returning officer or
officers shall continue any election more than six successive days, (Sunday, Christmas
day, and Grood Friday, excepted.)
XV. And be it further enacted by the authority aforesaid. That before any elector shall
vote at any election of a member or members of the house of assembly of this province,
he shall, if required by the returning officer, or any candidate at such election, in addition
to the oath required by the act of the parliament of Great Britain, passed in the thirty-
first year of his late Majesty's reign, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, * An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " take an oath in the
form following ; that is to say :
'^ I, A, B.,1do swear, that the estate, in right of which I vote at this election, is — [here
describe tiie estate, as the ease may be,] — ^which 1 hold by grant from the crown, descent,
devise, marria^, or conveyance, [as the case may be,] and, [in case such estate shall
have been derived otherwise than by grant from the crown, descent, marriage, or devise,]
that I have been in actual possession, or in the receipt of the rents and profits thereof, to
my own use, above twelve calendar months, or, [as the case may be,] that the convey-
ance to me of the same has been registered three calendar months."
XVI. And be it further enacted by the authority aforesaid. That if any person or per-
sons shall be guilty of false swearing in any oath required by this act, or by an act of the
parliament of Great Britain, passed in the thirty-first year of his late Majesty's reign,
entitled, ^^An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision for the go-
veromentof the province of Quebec, in North America, and to make further provision for
the government of the said province ;' " he shall, on conviction thereof, suffer the like
pains and penalties, to which any other person convicted of wilful and corrupt perjury is
liable, by the laws and statutes of this province.
EteetioB not to
iia« beyond itx dayi.
Oath wldck Totert moy
be raqaired to take.
Swearing lalielir in any
oath reqnirad by thie
aet, or by Sltt Geo. Ill,
e 81, to be deemed wtt-
foland comptper|nry-
nned, bySth Geo.
e5.)
IV.
Chapter IV.
An actio repeal an act passed in the forty-fifth year of his late Majesty^ s reign^ entitled,
^^ An act to regulate the trial of controverted elections j or returns of members to serve
in the house of assemblyy'* and to make more effectual provision far such trials.
[PaeMd Jannaiy 19, 1SS4.]
Wheiobas the present mode of decision upon petitions complkining of undue electicms
or returns of members to serve in parliament, frequently obstructs public business, ocea*
sions much expense, trouble, and delay to the parties, and is attended with many odier-
inconveniences; for remedy whereof, be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and assembly
of the pvoyince of Upper Canada, constituted and assembled by virtue of and under the
authority of an aet passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his- Majesty's reign, entitled, ^ An
act for making more effectual provision for the government of the province of Quebec, in
NorUi America, and to make hirther provision for the government of the said province,' "
and by the authority of the same, That an act of the parliament of this province passed 46th Geo. iii, c 3, re-
in the forty-fifth year of his late Majesty's reign, entitled, ^^ An act to regulate the trial
of controverted elections, or returns of members to serve in the hotise of assembly," be,
and the same is, hereby repealed.
11. And be it further enacted by the authority aforesaid, That after the passing of the
present act, whenever a petition complaining of an undue election, or return of a mem-
ber or members, to serve in parliament, shall be presented to the house of assembly, a
day and hour shall by the said house of assembly be appointed for taking the same into
eoosideration, and notice thereof, in writing, shall be forthwith given by the speaker to
the petitioner or petitioners, and the sitting member or members, or their respective
agei^, accompanied with an order to them, to attend the house at the time appointed, by
themselves, their counsel, or agents ; and if several parties, on distinct interests or grounds
of complaint, shall present separate petitions, the like notices and orders shall be given to
all such parties, or their respective agents.
HI. And be it further enacted by the authority aforesaid. That no such petition or pe- Nopetitieote be taken
titions shall be taken into consideration within fourteen days after the same shall have '^'^ '
been first read in the house by the clerk, unless by consent of parties : Provided also. That
Proeeedmc upon peti-
tion compuimiig of aa
undue election.
Notice to petitionen,
&C. to attend.
into eonaideratioB
within fowteen daya
from the umt haying
the hous^ mxy alter the day and hour so appointed for taking into consideration such J^"" prc«ented, nnieu
petition, and appoint some subsequent day and hour for the same, as occasion shall require,
Digitized by
Google
S44
C. 4.-*FouBTH Ybab of GmtGfi IV.— 1824.
fPoOMTH
Hme lir»i u>pointed
may be altered.
PtoeeediBn on the day
iqipointed for Iwaring.
Thirty members must
be present;
or house mast adjourn
i)rom day to day.
How the house is to
proceed when sufficient
members attend.
Twentythrce members
taken by ballot.
Certain persons who
shaU he set aside if
drawn.
giving to the respectire parties the like notice of such alleimtioii aad order to attend on
the siibsequeBt day and hour, as aforesaid.
iV. And be it further enacted bj the authority aforesaid. That at the time appointed
for taking such petition into consideration, and previous to the reMlti^of the order of the
day for that purpose, the serjeant at arms shall be directed to go with the maee to the
places adjacent, and require the immediate attendance of the members, on the buainesB
of the house, and that after his return, the house shall be counted, and if there shall be
less than thirty members present, the order for takijig such petition into consideration
shall be immediately adjourned to a particular hour on the following day, (Svinday, Good
Friday, and Christmas day, always excepted,) and the house shall then adjoom to the
said day, and the proceeding of all committees subsequent to such notice from the said
Serjeant, shall be void ; and on the said following day, the house sfaail proceed m the same
manner, and so from day to day, till there shall be an attendance of tlwty ttenbersatthe
reading the order of the day, to take such petition into consideration.
y. And be it further enacted by the auth(»'ity aforesaid, That if after the suasmoniiig
the members and counting the house, as aforesaid, thirty memb^s shall be found present,
the petitioners, by themselves, their counsel, or agents, and the counsel or agents of tbe
sitting member or members, shall be ordered to attend at the bar, and then the door of the
house shall be locked, and no member shall be suffered to outer into or depart from the
house, until the petitioners, their counsel, or agents for the sitting member or members,
shall be directed to withdraw, as hereinafter mentioned; and when the door shall be
locked as aforesaid, the order of the day shall be read, and the names of all the members
of the house written or printed on distinct pieces of parchment or paper, being all, as
near as may be, of equal size, and rolled up in the same manner, shall be put in equal
numbers, as near as may be, into three boxes or glasses, to be placed on the table for that
purpose, and shall then be shaken together ; and then the clerk shall publicly draw out
of the said three boxes or glasses, alternately, the said pieces of parchment or paper, and
deliver the same to the speaker, to be by him read to the house, and so shall continue to
do until twenty-three names of the members then present be drawn : Provided always,
That if the name of any member who shall have given his vote at the election so com-
plained of, as aforesaid, or who shall be a petitioner complaining of an undue election or
return, or against whose return a petition shall be then depending, or whose return shall
not have been brought in fourteen days, shall be drawn, his name shall be set aside, with
the names of those who are absent from the house : Provided also. That if the name of
any member of sixty years of age, or upwards, be drawn, he shall be excused from serving
on the select committee to be appointed, as hereinafter mentioned, if he require it, and
verify the cause of such requisition upon oath : Provided also. That if the name of anj
member who has served in such select committee during the same session he drawn, he
ahall, if he require it, be excused from serving again in any such select committee, ui^ess
the house shall, before the day appointed for taking the said petition into conaideratiefit
have resolved that the number of members who have not served on such select committee
in the same session, is insufiicient to fulfil the purposes of this act, respecting the
choice of such select committee : Provided always. That no member who, after having
been appointed to serve in any such select committee, shall, on account of inability or
accident,' have been excused from attending the same throughout, shall he deemed to have
served on any such select committee.
VI. And be it further enacted by the authority aforesaid, That if nA the thne of diawiDg
by lot the names of the members, in manner hereinbefore prescribed, the numb^ of
twenty-three, not set aside or excused, cannot be completed, the house shall proceed in
the same manner as is hereinbefore directed, in case there be less than thirty members
present at the time prescribed for counting the house ; and so from day to day, as often
as the case shall happen.
VII. And be it further enacted by the authority aforesaid, That on the day iq|>poiiited
for taking any such petition into consideration, the house shall not proceed to any odier
business whatsoever, except the swearing of members, previous to the reading of the
order of the day for that purpose.
VIII. And be it further enacted by the authority aforesaid, JTfaat if any other member
^all offer, and verify upon oath, any other excuse, the substance of the allegations, «o
verified upon oath, shall be taken down by the said clerk, in order that the same may he
afterwards entered on the journals, and the opinion of the house shall be taken thereon ;
and if the house shall resolve that the said member is unabie to serve, or cannot without
great and manifest detrinoent, serve in such select committee, he also shall be excused
from such service.
members to be chosen ^^' ^^^ ^^ ^^ further enacted by the authority aforesaid, That instead of the meaAers
in pUce of Uioie set SO Set aside and excused, the names of other members shall be drawn, who may in like
aside or womscd. manner he set aside or excused, and others drawn to supply their places, until the whole
utij
nsea.
5iears may be exci
Members who have
served in a select covk-
mitteo upon aii elect loh
daring the same session
shall be excused, upless
the house resolves that
the number is insuffi-
cient without such
members.
Farther exception.
How the house shall
proeeed, if twenty-
Uuree members eaanot
be got, not liable to ex-
ception, nor entitled to^
be excused.
Petition shall be the
first matter proceeded
iiuoDthe day appoint-
ed, except Bweanng in
members.
Other excuses may be
allowed by resolution
of the house.
Digitized by VrjiJOV IC
Pasu^vbnt.]
C. 4. — FovBTH Y^AR OF GjBO^Gi: JV.--1824.
m
miaber of aiemben^ not Ikble to be set aside or exeugedy shall be complete ; and tbe
petitMBera or their ageois shall then oaiae onei and the sitting members or their agenta
aootlier, from amoag the wenbers theo present, whose naines shall not have beea drawn,
to be added to those wlho shall have been 90 chosen by lot : Provided always, That either
ci the Members so nootfnated shall or may be set aside for any of the same causes as
tifteee chosen by lot, or shall, if he require it, be excused from serving on the said select
cxmmiitiee ; and the party who nominated the member so set aside or excused, shall
fMHawiato another in his stead, and so continue to do, as often as tlic case shall happen,
oatd fais nominee is admitted.
X. And be it further enacted by the authority aforesaid^ That as soon as the said
IweDty-thvee meaibers shall have been so chosen, by lot, and the two members to be added
thereto shall have been so nominated, as aforesaid, the door of the house shall be opened,
asd Afae kmise may proceed upon aay oiher business ; and the names of the twenty 4hree
memben so chosen, by lot, shsdl then be given to the petitioners, their counsel, or agents,
and the eounsel or agettt of the sitting members, who sjiall immediately withdraw,
together mUk thedeilL appointed to attend the said select committee; and the said petir
ticMiers and flitting members, their counsel or agents, beginning on the pant of the
petjiionen, shall idtemately strike off one of the said twenty-^three members, until the
bM number.be redueed to nine ; and the said clerk, within one hour at farthest from the
time nf the parties withdrawing from the house, shall deliver into the house the
names «f the nine membeis then remaining, and the said nine members, together
•witib the two members nominated as aforesaid, shall be sworn at the table, well
and tvn^ to try the matter of the petition referred to them, and a true judgment
k> ^Yie, acoording.to the evidence; and shall be a select committee to try anddeter^
mine the merits of the retmn or election appointed by the house, to be that day taken
into ccmsideration ; and the house shall onler the said select committee to meet at
a oei4ttn time, to be fixed by the house, whidi time shall be within twenty-four hours of
4ke appobtment of the said select committee, (unless a Sunday, Good Friday, or Christ-
mas day, shall intervene,) and the place of their meeting aiid sitting shall be some
oenvement room or place adjacent to the house of assembly, properly prepared for that
pmyose : Provided always, That txpon the parties withdrawing, as aforesaid, the house
shall continue silting, and the s«d nine members, so chosen and nominated, shall not
depart the hoese titt the time for the meeting of the said select committee shall be fixed*
XI. And be it further enacted by the authority aforesaid. That if in such petition or
petitions there be more than two parties before the house on distinct interests, oom-
plainiBg or co0i]^ned of on different grounds, whose right to be elected or returned may
be a&cted by the determination of the said select committee, each of the said parties
fihali suceessively strike off a member from the twenty-three members to be chosen by
lot, until die said number be reduced to nine, in the same manner as before directed for
the striking off a member alternately, by the parties mentioned in the last clause ; and
the lists of the twenty-three members chosen by lot shall for this purpose be given to all
the said parties, and the order in which the said parties shall strike off the said members
shall be determined by lot, after they are withdrawn from the bar, and in such case,
ncnther of the said parties (there being more than two) shall be permitted to name a
member, to be added to the numbers so drawn by lot, as aforesaid, but as soon as the list
of nine members shall be returned by the parties to the house, such nine members shall
immediately withdraw, and shall, by themselves, choose two members, then present in
the house, whose names shall not have been drawn, to be added to the said nine members ;
and shall, within one hour from the time of their withdrawing, report the names of such
two members to the house ; which two members shall be liable to be set aside on the like
objeetions lor which nominees may be set aside, by virtue of this act ; and in case ^uch
two members, or either of them, shall be s^ aside for any of the causes aforesaid, then
the said nine members shall choose one or two other members, as the case shall require,
until two members are chosen against whom none of the objections to nominees men-
tioned in diis act shall be taken and allowed ; and that the names of such two members
shall be then added to the said list of nine members ; and all the said eleven members
shall be sworn at the table, and they shall be the select committee appointed for the pur-
poses expressed in this act.
XII. And be it further enacted by the authority aforesaid. That when the said nominees
are by this act directed to be named by the said nine members, no member present at the
time of the ballot shall depart from the house until the time of the meeting of the said
select committee shall be fixed.
XIII. Provided always, and be it further enacted by the authority aforesaaid. That if
upon the drawing out the name of any member, by lot, as aforesaid, the said petitioners,
or aittnig members, or their agents, shall declare that ^uch member is intended to be one
of the two nominees, to be nominated by them respectively, and if such member shall
Digiti
parties.
Sach nominees my be
set aside or ezenscd, in
the seme manner as the
members baUotted for^
and other membera
shaH be nomi^ed in
their plaoe.
When the tlrentr-three
members shall be cho-
sen, and the two nomi-
nees iq>pointed, the paiv
lies shall withdraw>and
three to nine, by i
king affonraJtemnteiy.
Snch nine
and the two nominees
to be swoin, and to
compose a select com*
mittee, to tiy the me-
rits of the retain or
election petitioned a-
gainst.
Time and place of their
meeting*
Meihbers of the com-
mittee not to depart Uie
hoose till the tune ap-
pointed for their meet-
ing.
How the house shall
proceed when there
are more than two par-
ties before them upon
distinct interests.
Members not to depart
from the house, after
ballot, until the time of
meeting fixed.
If any member shall be
drawn at the ballot
whom either part^ in-
tends shall be their no-
minee, he shall be set ^
izedbyVjUUglC
346
C. 4.— FouBTH Ykar of Geobos IV.— 1834.
[FovBXH SxpniHr,
Veitib«ror the pwrtief
deeliae to nomiiuite
a member, hit plftce
diall be iflpplied br a
member eboteii by bal-
lot
I whence writ
of eleetion ahell not be
returned mb by I«w it
ought to be.
The aemes of »«»»»«»
to be beUotted, shall,
preriooa to the daj ^»-
poiated for bollotting,
DO aealed ap by the
elechinaboz.
Speaker ahall also set
his seal thereto.
After the ballot, the
aames aadrawa saall,if
Becndred, be read aload
Vthedetfc.
of select
how ap-
consent to such nomination, the name of such member so drawn by lot shall be set aride,
and unless objected to as aforesaid, he shall serve as such nominee, and the name of
another member shall be drawn to supply his place, to complete the number of twenty-
three members to be drawn by lot ; and if the said petitioners, or sitting members, or
their agents, shall not respectively nominate a member then present, who shall be admitted
according to the directions of this act, then the want of such nomination shall be supplied
by drawing out, instead thereof, the name of one or two members, as the case shall
require, who shall be drawn by lot in the like manner and subject to the like objections
and excuses, as the other twenty-three members already drawn by lot, and shall be added
to the list of the said twenty-three members, and shall be liable to be struck off in the
same manner, leaving always the number of eleven members in the whole, and no more,
as a select committee, for the purposes aforesaid.
XIV. And be it further enacted by the authority aforesaid, That if upon any writ or
writs, to be issued for the election of any member or members to serve in parliamenl, no
return shall be made to the same on or before the day on which such writ is made return-
able, or if a writ shall have been issued during any session or prorogation of parliament,
no return shall be made to the same within forty days after the day on which such writ
bears date, it shall and may be lawful for any person or persons having -had, or claiming
to have had, a risht to vote at such election, or claiming to have bad a right to be retoraed
as duly elected thereat, who shall think himself or themselves aggrieved, to petition the
house of assembly concerning the same ; and upon such petition being presented, a iaj
and hour shall be appointed for taking the same into consideration, and notice thereof in
writing shall be forthwith given by the speaker to the petitioners, and to the returning
officer or officers by whom such return ought to have been made, or shall have been
made, accompanied with an order to him or them to attend the house at the time appointed,
by himself or themselves, his or their counsel or agents ; and a select committee shall be
appointed according to the directions of this act, which said conunittee shall try and
determine whether any and which of the person or persons named in such petition ought
to have been returned, or whether a new writ ought to issue ; which determination shdl
be final to all intents and purposes, and the house being informed thereof by the chair-
man of the said select committee, shall order the same to be entered in their joitnials,
and give the necessary directions for ordering a return to be made, or for altering the
return, if made, or for issuing a new writ for a new election, or for carrying the said
determination into execution, as the case may require : Provided always, Tnat if the
returning officer or officers, by whom such return ought to have been made, or has been
made, cannot be found, so as to be served with the notice or order hereinbefore men-
tioned, or, being served^ shall not appear by himself or themselves, his or their counsel
or agents, at the day or time appointed for taking such petition into consideration, it ^all
and may be lawful for the house to permit or authorize any person to appear in the stead
of him, or them ; and in case there shall be more petitions than one presented, complain-
ing of such return, or omission of a return on distinct interests, or com[daining upon
different grounds, the house shall determine, from the nature of the case, whether the
returning officer or officers, or person appearing in thie stead of him or them, shall,
together with such petitioners, be entitled to strike off fi:om the list of members, drawn
by lot in the manner hei'einbefore directed in the case where there shall be more than
two parties before the house, or whether such list shall be reduced by the parties seve-
rally presenting the said petitions only.
XV. And for the greater despatch and certainty in the proceeding hereinbefore described,
be it further enacted by the authority aforesaid, that the names of all the members 80
written and rolled up, as hereinbefore directed, shall, previous to the day appointed for
taking such petition into consideration, be prepared by the said clerk, and by him put into
a box or parcel, in the presence of the speaker, together with an attestation signed by the
said clerk, purporting that the names of all the members were by him put therein, the
day of , in the year , which said box jor parcel the speaker shall seal with
his own seal, and to the outside thereof shall annex an attestation signed by himself, pur*
porting that the said box or parcel was, on the day of , in the year ,
made up in his presence, in the manner directed by this act : and that as soon as the
parties shall be withdrawn, as aforesaid, and before the house shall enter on any other
business, any member may require that the names of all the members which remain un-
drawn shall be drawn and read aloud by the said clerk.
XVI. And be it further enacted by the authority aforesaid, That the said select conunittee
shall, on their meeting, elect a chairman from amongst such of thcf members thereof as
shall have been chosen hy lot ; and if in the election of a chairman there be an equal
number of voices, the member whose name was first drawn in the house shall have a
casting voice ; so likewise, in case there should ever be occasion for electing a new chair-
man, on the death or necessary absence of the chairman first elected.
Digitized by v:jOOQIC
SlORTH PABI.IAMXlfT.]
C. 4. — ^FotJBTR Year of Gborob IV, — 1824.
847
XVII. And be it further enacted by the authority aforesaid, That the said select committee
shall have power to send for persons, papers, and records, and shall examine all the witnesses
who come before them upon oath, and shall try the merits of the return or election, or
both, and shall determine, by a majority of voices of the said select committee, whether
the petitioners, or the sitting members, or either of them, be duly returned or elected, or
whether the election be void, which determination shall be final between the parties, to all
intents and purposes ; and the house being informed thereof by the chairman of the said
select committee, shall order the same to be entered on their journals, and give the neces-
sary directions for confirming or altering the return, or for the issuing of a new writ for a
new election, or for carrying the said determination into execution, as the case may
require.
XVIII. .And be it further enacted by the authority aforesaid, That the said select com-
oittee shall sit every day, (Sunday, Christmas day, and Good Friday, only excepted,)
and shall never adjourn for a longer time than twenty-four hours, unless a Sunday, Christ-
mas day, or Grood Friday, intervene, without leave first obtained from the house, upon
motion and special cause assigned for a longer adjournment ; and in case the house shall
be sitting at the time to which the said select committee is adjourned, then the business
of the bouse shall be stayed, and a motion shall be made for a further adjournment for any
time to be fixed by the house, not exceeding twenty-four hours, unless a Sunday, Christ-
mas day, <»* Good Friday, intervene.
XIX. And be it further enacted by the authority aforesaid. That when the time
prescribed for the meeting, sitting, or adjournment of the said select committee shall, by
the intervention of a Sunday, Christmas day, or Good Friday, exceed twenty-four hours,
such meeting, sitting, or adjournment, shall be within twenty-four hours of the time of
appointing of fixing the same, exclusive of such Sunday, Christmas day, or Good Friday.
XX. And be it further enacted by the authority aforesaid, That no member of the said
select committee shall be allowed to absent himself from the same, without leave obtained
from the house, or an excuse allowed by the house at the next sitting thereof, or special
cause shewn, and verified upon oath ; and the said select committee shall never sit until all
^e members, to whom such leave has not been granted, nor excuse allowed, are met ; and
in ease they shall not all meet within one hour after the time to which the said select
committee shall have been adjourned, a further adjournment shall be made in the manner
as before directed and reported, with the cause thereof, to the house.
XXI. And be it further enacted by the authority aforesaid. That the chairman of the
said select committee shall, at the next meeting of the house, always report the name of
every member thereof who shall have been absent therefrom without such leave or ex-
cuse, as aforesaid, and such member shall be directed to attend the house at the next
meeting thereof, and shall then be ordered to be taken into the custody of the seijeant at
aims attending the house, for such neglect of his duty, and otherwise punished or censured
at the discretion of the house, unless it shall appear to the house, by facts specially stated
and verified upon oath, that such member was, by a sudden accident, or by necessity, pre-
vented from attending the said select committee.
XXIL Ajid be it further enacted by the authority aforesaid. That if more than two
membera of the said select committee shall, on any account, be absent therefrom, the said
select committee shall adjourn in the manner hereinbefore directed ; and so from time to
time, until nine members are assembled.
XXIII. And be it further enacted by the authority aforesaid. That in case the number
of members able to attend the said select comihittee shall, by death or otherwise, be
unavoidably reduced to less than nine, and shall so continue for the space of three sitting
days, the said select committee shall be dissolved, and another chosen, to try and deter-
mine the matter of such petition, in manner aforesaid ; and all the proceedings of the said
former select committee shall be void, and of no effect.
XXIV. And be it further enacted by the authority aforesaid, That if the said select
committee shall come to any resolution other than the determination above mentioned,
tbey shall, if they think proper, report the same to the house for-their opinion, at the same
• time that the chairman of the said select committee shall inform the house of such deter-
miaation, and the house may confirm or disagree with such resolution, and make such
orders thereon as to them shall seem proper : Provided always, That if any person sum-
moned by the said select committee shall disobey such summons, or if any witness before
such select committee shall prevaricate, or shall otherwise misbehave, in giving or refusing
to give evidence, the chairman of the said select committee, by their direction, may at any
tine during the course of their proceedings, report the same to the house for the interpo-
sition of their authority or censure, as the case shall require.
XXV. And be it further enacted by the authority aforesaid, That whenever the said
select committee shall think it necessary to deliberate, amongst themselves, upon any
question which shall arise in the course of the trial,^or upon the determination thereof, or
Digiti
Committee to iMnre
power to send for perw
sons and popen.
Examine witnesvee on
oath.
Their deelsion to be
final.
DireeUons as to the
aittiog of the commit-
tee.
Their a^joommeMt.
iDterrentioB of hoU-
dayi.
No member of eonmit-
tee to be absent witfMWt
leare.
Committeee not toiU
imleaa all are pieteiit.
Memben abeent with-
out leare, to be report-
ed to the hooae.
Proceedingathercnpo n
If more tiian two mem-
bers be absent commit-
tee shall a4)onm.
If the committee shall
be nnaroidably rednced
to less than nine, it
shall be diesolred and a
new one chosen.
Committee may, in
some cases, report re-
solutions to the house
for their opinion.
Punishment of penons
who disobey the sam-
mons of the eonunitlee»
and of witnesses who
preraricate.
Committee may delibe-
rate in priyato.
zed by Google
t4»
C. 4.--Pod»H Y£AR OF OBOftGS IV.-^1834.
[PoirsT0
All qaestioDfl to be de-
cided by a majority of
Toiees.
OmImu; voice.
No Tote to be taken oa-
le«8 nine memben cho-
sen; nor any member
to Totewbo has not at-
tended'during the sit^
ting.
How oathi to be admi-
aiitered.
False swearing herein
made peijniy.
BeeDgaisaaeea to be
entered into before any
petition shall be pro-
ceeded in.
Time for entering into
sneh recognizance may
be onlaxged.
Recognisance to be en-
tered into before the
'speaker, who shall
judge or th« enifieiaicy
of the ~
By what default snch
reco^izance shall be
forfeited.
Proceedings in estreat-
ing recognizance
tipon any resolation Cfmceming (he matter &t (he petttion referred to theki, as afcvesaid,
as soon as the said seleet committee shall have heard the eridetice and eoonael on baA
sides relative theremito, the room, or place wherein thej shall sit, shall be cleared^ if they
shall think proper, while the members of the said select committee consider thereof; and
all such questions, as well as such determination, and all other resolutions, shall be by a
majority of voices, and if the voices shall be equal, the chairman shaU hare a easttii^
voice : Provided always. That no such determination, as aforesaid, shall be made, nor any
question be proposed, unless nine members shall be present; and no member shall have a
vote on such determination, or on any other question or resolution, who has not attended
during every sitting of the said seleet eommittee.
XXVI. And be it further enacted by the authority aforesaid, That the oaths by this
act directed to be taken in the house, shall be administered by the said clerk, in the same
manner as the oath of allegiance is administered in the house of assendbly ; and that the
oaths by this act directed to be taken before the said select committee, shall be adminis-
tered by the clerk attending the said select committee ; and that all persons Who shall be
guilty of wilful and corrupt perjury in any evidence which they shall give before tbe
house, or the said committee, in consequence of the oath which they shall have taken bj
the direction of this act, shall, on conviction thereof, incur and suffer the like pains and
penalties to which any other person, convicted of wUful and corrupt peijury, is liable bj
the laws and statutes of this province.
XXVII. And be it further enacted by the authority aforesaid. That no proceeding sball
be had upon any petition by virtue of this act, unless the person or persons subscribiDg
the same, or one or more of them, shall, within fourteen days after the same shall hiTe
been presented to the house, or within such further time as shall be limited by the house,
personally enter into a recognizance to our sovereign lord the King, according to the fonn
Hereunto annexed, in the sum of one hundred pounds, with two sufficient sureties in the
sum of fifty pounds each, to appear before the house at such time or times as shall
be fixed by the house for taking such petition into consideration, and also to appear before
any select committee which shall be appointed by the house for the trial of the same, or
until the same shall have been withdrawn by permission of the house ; and if, at the ex-
piration of the said fourteen days, such recognizance shall not have been so entered intOj
the speaker shall report the same to the house, and the order for taking such petition into
consideration shall thereupon be discharged, unless upon matter speciwy stated and veri-
fied to the satisfaction of the house, the house shall see cause to enlarge the time for
entering into such recognizance ; and whenever such time shall* be so enlarged, the order
for taking such petition into consideration, shall, if necessary, be postponed, so that no
such petition shall be taken into consideration till after such recognizance shall have beea
entered into, and received by the speaker : Provided always. That the time for entering
into such recognizance shall not be enlarged more than once, nor for any number ot days
exceeding twenty.
XXYIII. And be it further enacted by the authority aforesaid, lliat the said rec<^ii-
zance shall be entered into before the speaker of the house of assembly, who is hereby
Authorized and empowered to take the same, and the sufficiency of the sureties named
therein shall be judged of and allowed by the said speaker.
XXIX. And be it further enacted by the authority aforesaid, That if the petitioner or
petitioners who shall have entered into such recognizance, as aforesaid, shall not appear
before the house by himself or themselves, or by his or their counsel or agents, withinone
hour after the time fixed, in pursuance of this act, for calling on the respective parties,
their coutiscl or agents, for the purpose of proceeding to the appointment of a seleet com-
mittee, or if the select committer appointed, in pursuance of this act, for the trial of soeb
petition, shall inform the house that such person or persons did not appear before the said
committee, by himself or themselves, or by his or their counsel or agents, to prosecute
their said petition, or if such person or persons shall neglect to renew their said petition
within four sitting days after the day of the commencement of every session of the same
parliament, subsequent to that in which such petition was first presented, and until a select
committee shall have.becn appointed for the trial of the same, or until the same shall have
been withdrawn by the permission of the house, in every such case, such pei^son or persons
shall be held to have made a default in his or their said recognizance, and the speaker of
the house of assembly shall thereupon certify such recognizance into the court of king^s
bench, and shall also certify that such person or persons have made default therein, and
such certificate shall be conclusive evidence of such default ; and the recognizance being
so certified, shall have the same effect as if the same were estreated in a eourt of law :
Provided always, That such recognizance and certificate shall in every such case be deli-
vered by the clerk of the house of assembly into the hands of the chief justice of the court
of king's bench.
Digiti
zed by Google
EtoitrfH Parliam£nt.]
C. 4. — Fourth Viar or Gborge IV.— 1824.
349
XXX. And be it further enacted by the authority aforesaid, That every such committee,
at the same time that they report to the house their final determination on the merits of
the petition which they were sworn to try, shall also report to the house whether such
petition did or did not appear to them to be frivolous of vexatious ; and they shall in like
manner report with respect to every party or parties who shall have appeared before them
in opposition to such petition, whether the opposition of such party or parties respectively
did or did not appear to them to be frivolous or vexatious ; and that if no party shall have
appeared before them in opposition to such petition, they shall then report to the house
whether such election «r return, or such alleged insufficiency of a return, as shall be com-
plained of in such petitifm, according as the case shall be, did or did not appear to them
to be vexatious or corrupt.
XXXI. And be it further enacted by the authority aforesaid, That whenever any such
committee shall report to the house, with respect to any such petition, that the same
appeared to them to be frivolous or vexatious, the party or parties, if any, who shall have
appeared before the committee in opposition to such petition, shall be entitled to recover
from the person or persons, or any of them, who shall have signed such petition, the full
costs and expenses which such party or parties shall have incurred in opposing the same,
such costs and expenses to be ascertained in the manner hereinafter directed.
XXXII. And be it further enacted by the authority aforesaid. That whenever any such
committee shall report to the house with respect to the opposition made to such petition
by any party or parties, who shall have appeared before them, that such opposition appeared
to them to be frivolous or vexatious, the person or persons who shall have signed such
petition shall be entitled to recover from such party or parties, or any of them, with
respect to whom such reports shall be made, the full costs and expenses which such peti-
tioner or petitioners shall respectively have incurred in prosecuting their said petition,
such costs and expenses to be ascertained in the manner hereinafter directed.
XXXIII. And be it further enacted by the authority aforesaid. That whenever in any
case, where no party shall have appeared before such committee in opposition to such
petition, such committee shall report to the house with respect to the election or return,
to the alleged omission of a return, or to the alleged insufficiency of a return, complained
of in any such petition, that the same appeared to them to be vexatious or corrupt, the
person or persons who shall have signed such petition shall be entitled to recover from
the sitting member, or sitting members, (if any,) whose election or return shall be com-
plained of in such petition, such sitting member or sitting members not having given notice
of his or their intention not to defend the same, or from any other person or persons whom
the house shall have admitted or directed to be made a party or parties, to oppose such
petition, the full costs and expenses which such petitioner or petitioners shall have incurred
in prosecuting their said petition ; such costs and expenses to be ascertained in the manner
hereinafter directed.
XXXIV. And be it further enacted by the authority aforesaid. That in the several cases
hereinbefore mentioned, the costs and expenses of prosecuting or opposing any such
petition shall be ascertained in manner following, that is to say ; that oA ai4)lication made
to the speaker of the house of assembly, by such petitioner or petitioners, or party or
parties, as before mentioned, for ascertaining such costs and expenses, he shall direct the
s&ne to be taxed by the clerk of the house and the clerk of the crown in chancery ; and
the persons so authorized and directed to tax such costs and expenses, shall, and they are
hereby required to, examine the same, and report the amount thereof to the speaker of
the said house, who shall, on application made to him^ deliver to the party or parties a
certificate, signed by himself, expressing the amount of the costs and expenses allowed in
such report ; and the persons so appointed to tax such costs, and report the amount thereof,
ve hereby authorized to demand and receive, for such taxation and report, such fees as
shall from time to time be fixed by any resolution of the house.
XXXV . And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the party or parties entitled to such costs and expenses, or his, her, or their
executors or administrators, to demand the whole amount thereof, so certified as above,
from any one on more of the persons respectively, who are hereinbefore made liable to the
payment thereof, in the several cases hereinbefore mentioned, and in case of non-payment
thereof, to recover the same by action of debt in his Majesty's court of king's bench in
this province ; in which action it shall be sufficient for the plaintiff or plaintiffs to declare
that the defendant or defendants is or are indebted to him or them, (in the sum to which
the costs and expenses-, ascertained in manner aforesaid, shall amount,) by virtue of this
act, and the certificate of the speaker of the house of assembly, under his signature, of the
amount of such costs and expenses, together with an examined copy of the entries in the
journals of the house of assembly, of the resolution or resolutions of the said select com-
mittee or committees, shall be deemed full and sufficient evidence in the support of such
action of debt : Provided always, That in every such action of debt, no wager of law, or
44 ^ Digitized by
CommiUce to report
whether the petition
before them, or the de-
fence, be friyolottt and
TexattOtts.
And when there is no
(mposition to a petition,
they shall reiM>rt whe-
ther the election or re-
tnm complained of, be
rexatious or corrupt.
Coats in eeilain oases
to be awarded to the
partj opposing the pe*
tiUon.
Costs in certain cases
to be awarded, to be
paid to the petitioning
party by the persons
opposing such petition.
In what cases costs
shall be paid to the
partypetitioning,where
no opposition has been
made, and by whom
sach costs are to be
paid.
How ootta intheaboTO
cases are to be aseer-
How the same are to
be recorered.
Google
904!
Action for eontribatioa
i^Dit those equidly
Committee not to be
diMolyed Wafnwom-
tion of nerGament, bnt
to be aajoiuned to the
day next after the meet-
ing of parliament, and
eontxnae their proceed-
This act to be in force
for two years.
(See 8th Geo. IV, c 5.
Continued for four
years,)
V
C. 6.— Fourth Yjbah of Gsosas IV. — 18S4.r fFoviRTF Sisisioir,
• • _, '
mare than one impaiiance shall be aUowed, and the fatty or paiiies in whose iaiyor judg*
ment shall be given in any such action, shall recover his or their costs.
XXXVI. And be it further enacted by the authority aforesaid, That in every case when
the amount of such costs and expenses shall have4ieen so recovered from fny person or
persens, it shall and may be lawful for such person or persons to- recover in the like
manner from the other persons, or any of them, if such there shall be, who shall be liable
to the payment of the said Sosts ^nd expenses, a proportionable share thereof, according
to the number of persons so liable*
XXX VII. And be it further enacted by the authority aforesaid^^That whenever it sbsll
happen that the parliament shall be prorogued while any select committee shall b^ sitting
for the trial of any such petition, as aforesaid, and before they riiall have reported to the
house their determination thereon, such committee shall not be dissolved by such proro-
gation, but shall be thereby adjourned to twelve of the clock, on the day immediately
following that on which parliament shall again meet for the despatch of business, (Snndajs,
Good Fridays, and Christmas days, always excepted;) and all former proceedings of the
said committee shall remain and continue to be of the same force and efiect as if the parlia-
ment had not been so prorogued ; and such committee shall meet on the day and hour to
which it shall be so adjourned, and shall thenceforward continue to sit from day to day, in
the manner provided in this act, until they shall have reported to the house their deter-
mination on the merits of such petition.
XXXVIII. And be it further enacted by the authority aforesaid. That this act shall be
and continue in force for and during the term of two years, and from theoee tp the end of
' the then next ensuing session of parliament, and no longer.
Recognizance.
Condition.
Foi-m of tlic Rccosnlzuncc referred to in ibis Act*
Be it Remembered, That on the day of , in the year of our Lord , before me, A. B. [speaker
of the house of aBsembljr,] came C. D., E. F., and I. G., and sereraliy acknowledged themselre* to owe to oar eoTeraicn
lord the King the following sums, that is to sav : The said C- 0. the»sam of one hundred pounds, and the aaid E. F. sad the
■aid I. G. the sum of fifty pounds each^ to be levied on their respective good^ and chattels, lands and tenements, to the use
of our said sovereign lord the King, his heirs and successors, m case the said C IX shall £ul in peHontting the condition
hereunto annexed.
The CoifDiTion of this recognizance is, that if the said C. D. shall duly appear before the hcuse of assembly at raoh
time or times as shall be fixed by the sai4 house for Uking into consideration the petition aigned by the said C. D. cob»-
plaining of an undue election or return of a member to npresent the county, city, boroiu^, or riding, [as the case may be,]
m the house of assembly of this province, or complaining that no return has been made tor the said count*, cit^, bottM^b, or
riding, within the time limited by law, or that the return made for the said county, city, borongfa, or noiij^, u not arctwB
of a member or members, according to the requisition of the writ, and shall appear before vij select committee which shall
be a|»pointed by the house of asseimily for the trial of the same, and shall renew his said petition in every sabeemient seasion
of this present parliament, until a select committee shall have been appointed by the said house, for the trial ofthe same,«r
until the same shall have been withdrawn by the pennission ofthe saia house; tnen this recognizance to be void, otherwise
to be of foil force and eflfect .
Preamble.
9th cbuue 88thOeo.III,
e 6i repealed: and so
much of thelOth clause
as declares the county
of Carieton a part of
tlm district of Johns-
IV.
8d clause 2d Geo.
e 4, repealed.
County of Lanark.
Chapter Y.
An act to divide the cov/gdy of Carleiony in the Bathurat distri^.
[Passed JamiavyU^ 1884.}
Whsreas the great extent of the county of Carieton, and the ri^d increase of its
population, render a division thereof necessary and expedient ; he it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^An act to repeal certain partsDf an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for
the government of the province of Quebec, in North America, and to make farther
provision for the government of the said province,' " and by the authority of the same.
That from and after the passing of this act, the ninth clause of an aet passed in the tliirty-
eighth year of his late Majesty's reign, entitled, '^ An act for the better division of tkls
province," also so much of the tenth clause of the said recited act as declares that the
county of Carieton shall form a part of the district of Johnstown, and also the tUrd clause
of an act passed in the second year of his present Majesty's reign^ entitled, ^^ An act to
repeal part of an aet passed in the thirty-eighth year of his late Majesty's reif^, entidcd,
^An act for the better division of this province,' and to make further provision for the
division of the same into counties and districts," be, and the same are, hereby repealed.
II. And be it furjtker enacted by the authority aforesaid, That the townships of Bathurst,
Drummond, Beckwith, Dalhousie, Lanark, Ramsay, Darling, Levant, North Sherbroke,
South Sherbroke, together with all the unsurveyed lands within the limits of the distiiet
of Bathurst, with such of the islands in the Ottawa river as are wholly or in greater part
opposite to the saidj^wnships, and unsurveyed land, diall constitute and form the countj
of Lanark.
Digitized by VniJOVJ IC
SlttBTI^.
Grotttbojipv^:
the Ma^dif I
AW
Ca^et5n ft
FocniTR YsAft or Oborgs IV.^1824.
by the aattiority afores^d, That the townships of Nepean,
k|^,*Jtfarch, Pakenham, Fitasroy, and Torbolton, together with such of
df^wa river as are wholly or in greater part opposite thereto, do con-
' ^county of Carleton : Provided always, That nothing in this act
I, or be construed to extend, to give the said counties of Lanark and
it^ntrease of representation in the house of assembly of this province
than bjUaWQ^ ||:esent county of Carleton would be entitle<f to at the next general elec-
^i9n ; but that\ffi|f said counties of Lanark and Carleton^ formed by this act, shall be each
'/ T^ilMnt^^b^ 6W 'member, any thing in an act passed in the sixtieth year of his late
|*-l^^h[fa.^1^, entitled, *^ An act te provide for increasing the representation of the
" c<mmioniht]^this province in the house ol assembly," to the contrary thereof in any wise
notwithstajii^V^h *
, i < -
Chapter VI.
An act to repeal an ordinance of the late province of Quebec made in the twenty-eighth
year of his late Majesty^a reigny entitled^ " An ordinance for promoting the inland
navigation^
[Paised Janaary 19, 18^]
Whsbeas doubts are entertained whether an ordinance of the late province of Quebec,
entitled, ^^ An ordinance for promoting the inland navigation,'* passed in the twenty-eighth
year of the reign of his late Majesty, chapter three, is in force in this province, and the
awe is.iK> longer applicaMe to the circumstances thereof; be it therefore enacted by the
'Stag's most excellent Majesty, by and with the advice and consent of the legislative council
^ and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Great Britain, entitled,
" An act to repeal' certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ' An act for making more' effectual }Hrovision for the government of the
proviDce of Quebec, in North America, and to make further provision for the government
of the said {Hovince,' " and by the authority of the same. That the said ordinance of
the late province of Quebec, and every part thereof, be, and the same is, hereby repealed.
II. And b%it further enacted by the authority aforesaid. That no proceedings shall be
hereafter hwor continued under the authority of the said ordinance, f#r, or on account of,
any matter or thing at anytime heretofore done, or omitted, contrary to the provisions
thereof. « - ^ *
County of Cutetob.
Representation 9i Mid
counties not to be in-
creased by this act.
Notwithstanding the
provisions of 60U> Geo
III,e2.
Preamble*
Ordinance of Qnebee,
28th Geo. Ill, c 8» re-
pealed. 4
Ho proceedin|ps to \be -
had Tor any thmg here-
tofore done contrary .
thereto.
[Cbapter YII.
An act to repeal part of the second clause of an act passed in the thirty4hird year of his
late Megesty^s reign^ entiUedy ^^An act to provide for the nomination and appoitdment
of parish and town officers^ unthin this province,^^ and to make more effecttml provision
for obtaining an accurate census of the population of this province,
[Passed January 19,' 1S24.]
WmsAEAs it is expedient that an accurate census of the population of this province
should from time to time be obtained, and deposited in the office of the governor, lieute-
nant governor, or person administering the government of this province ; and whereas the
laws now in force for that purpose are found not to answer the end, and it is therefore ex-
pedient to repeal the same, and to make other provision by law for obtaining such census ;
be It therefore enacted by the Ring's most excellent Majesty, by and with the advice and
consent of the legi^ative council and assembly of the province of Upper Canada,
coQstituted and assembled by virtue of and under the authority of an act passed in the par-
Kament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the
fourteenth year of his Meyesty's reign, entitled, *An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further provi-
siort for the government of the said province,' " and by the authority of the same, That
from and after the passing of this act, so much of the second clause of an act passed in the
Airty-third year of his late Majesty's reign, entitled, " An act to provide for the nomina-
tion and appointment of parish and town officers within this province," as relates to the
^ing a true and complete list of every male and female inhalntant, by the town clerk,
within the limits of his parish, town, or township, and returning the same to the justices
in general quarter sessions assembled, in the month of April, be, and the same is, hereby
repeded.
Preamble.
So much of the 8SM
Geo. Ill, as retates to
the taking a complete
list of erery male and
female by town eleik,
&C. repealed.
Digitized by
Google
C. 7.— FooBTH Ybar or Gbosob IV.%— 1&4/ f^ffef^^ ^RWok,
_^_ _^ ^ ^« ^- I'* ^^ ^ ^^ further enacted by the authmty aforesftid^'I'bftt ftttk mfjftef 9S0pifiaSaig
bttiwu or'the*"p&rii£, of this act, it shall be the duty of the asseasora chosen or appointed. for a^uM
tS^uS^"^ ^""^"^ P^^^9 or places, in this iH^ovince, to take a true and correct list of aJMeMliWBts df^die
parish, township, reputed township, place, or places, for which tftyiyiyiii» ohoaen or
appointed; which list shall be in the following form: ' ^\*?*r-\,Y***
Amtuon to tjJie r
eoireet lUit of the inhA-
appointed.
In the foUowbgform.
At sestort to demand a
correct list of persons
composing each family
and their ages, inclna-
ing persons employed
or resident therein.
And in case of refusal,
shall forfeit forty shil-
Ungs.
Assessors shall sn^
scribe sach list, and
delirer the same to the
clerk of the peace be-
Ibra* 1st of April in
each year;
and shall make oath to
the correctness of sach
Tovm eleik to notify
|o persons chosen as
4. assessors their being
1 BO chosen;
and to require them to
take the oath prescri-
bed for parish and town
officers.
Town clerk to transmit
to cleik Af the peace,
names and descriptions
of assessors chosen,
with affidaTit that he
had notified them of
their election;
and in case of neglect,
shall forfeit £8.
If assessors neglect the
duties imposed upon
them, cleric of the
peace to summons them
to answer as herein di-
rected;
and if they do not ap-
pear, justices to impose
a fine not more than
£10, nor less thanJCS.
Nothing herein con-
tained to authorize jus-
tices to fine upon any
one assessor from
goods, &c. of another.
Em
O
n
H
1
«
H
M
3
h
O
as
5
U
Number in each Familf.
• V
4
Males,
under Sixteen.
Females,
under Sixteen.
Males,
abore Sixteen.
■ FemiiA,'
aJboTc Sixteen.
1 *••
•*** . •
-
v\:
-
And it shall and may be lawful for the assessors, or one of (betn, and they are hereby
required to demand from every inhabitant householder or head of a family, at the usual
place of residence of such householder or head of a family, a true and correct list of the
number of persons composing such family, male and female, and their respective-ages,
including therein persons employed by or resident with such householder or head of a
family ; and if such inhabitant householder or head of a family, shall refuse to give in ^
true and correct list, or shall neglect to do so for ten days after the same shall have been
demanded, as aforesaid, he or she shall, for every such refusal or neglect; forfeit and pay
a fine of forty shillings.
III. And be it further enacted by the authority aforesaid. That the said assessors shall
severally subscribe such list, to be taken by them, and shall deliver the satiAuto the clerfc
of the peace for the district in which they may reside, on or before, the first day of April
in each and every year ; and at the same time, they, or one of them, shall i^iiiake oalh
before the clerk of the peace, (which oath he is hereby authorized to administer,) that
such list hath been faithfully taken, by attendance at the usual place of residence of the
several householders, or heads of families therein named, and contains a true and correct
statement of the number of inhabitants in the township, place, or places, for which the
same shall have been taken, according; to the best of his or their knowledge and belief.
IV. And be it further enacted by the authority aforesaid. That it shall be the duty of
the town clerk in each and every town or township in this province, within ten days after
the holding of the town meeting for such town, township, or place, to notify the persons
chosen at such town meeting as assessors, by leaving a notice in writing at their usual
place or places of residence, or by personally acquainting them thereof, of their having
been so chosen ; and to require of such persons immediately to take the oath prescribed
for parish and town officers ; and further,' it shall be the duty of the town clerk to trans-
mit to the clerk of the peace, within twenty days after the holding of the town meeting,
the names and descriptions of the persons who may have been chosen assessors at such
town meeting, accompanied by affidavit that he hath duly notified them of their election
or appointment as assessors, as required by this act ; and if such town cleric shall neglect,
or refuse so to notify the assessors, and to acquaint the clerk of the peace of the names
and descriptions of such assessors, he shall pay a fine of three pounds.
y. And be it further enacted by the authority aforesaid, That if any assessor or asees-
sors shall neglect to perform the duties hereby imposed upon him or them, it shall he the
duty of the clerk of the peace to cause such assessor or assessors to be summoned by
any one of his Majesty's justices of the peace, to appear at the next general quarter ses-
sions of the peace, or before any two justices of the peace, to answer for such neglect or
refusal ; and if such assessor or assessors shall be conWcted before the said court or
justices of such neglect or refusal, or shall not appear before such court or justices, in
obedience to such summons, due proof of the service thereof being first made, the court
or justices shall impose a fine upon him or them, not exceeding ten pounds, nor less than
five pounds : Provided nevertheless. That nothing herein contained shall be construed to
authorize the s*aid court or justices to levy the fine imposed upon any one assessor from
the goods or chattels of the other. t
Digitized by VniJOQlC
EiGHm PabxiIamsitt.]
C/6.— FouBTH Ymab or Gkosos IV.— 1884.
VI. And be it further enacted by the authority aforesaid, That in clase of the neglect
or refusal of the assessor or assessors, chosen and appointed at the town meeting, to dis-
chai^ the duty hereby 'imposed upon him, or in case no assessors are chosen and
appointed at the town meeting, or in case of the death, removal, or sickness of any assessor
or assessors, it shall be lawful for the justices assembled at the said court of general
quarter sessions, or any adjourned or special session, to appoint two fit and discreet per-
sons to perform the duties of assessors ; and the clerk of the peace shall forthwith notify
them^ m/^ictivelyj of their appointment, and such persons so appointed, or either of
them, snal^be liable to be proceeded against, at any adjourned meeting of the said court, or
before uiy turq^tic^s of the peace, for neglecting to take the oath of assessor for the
spaee of tab &ys .after a notice of appointment shall have been served ; or for any neglect
or refusal to perform the duty by this act required to be performed by assessors, qnd shall
be liable, upon conviction, on the oath of one or more credible witness or witnesses, to a
like fine as is hereby prescribed respecting the assessor or assessors, chosen at the town
meeting; and the court or justices before whom any conviction shall take place under
tbis act, shall continue to appoint another or other assessor or assessors, and to punish the
same for neglect or refusal to act as such in the manner pointed out by this act, until the
duties hereby required shall be performed.
VII. And be it further onaoted by thp. authority aforesaid, That it shall be the duty of
the clerk of the peace to make out a general return of the population of his district,
from the several returns, which he may receive from the assessors, and to transmit the
same to the office of the governor, lieutenant governor, or person administering the go-
vernment of this province, for the time being, on or before the first day of June, in each
and evei^r year ; and if such general return shall not contain the whole population of his
district, he shall send in a return of such townships or places as may be deficient, as soon
as praetieable, ^ter he shall be enabled so to do, by the assessor or assessors of such
towjDl|^i|f fr^places.
VIII. And^be it further enacted by the authority aforesaid. That the clerk of the peace,
assessors, and town clerk, shall be entitled, for the duties by this act imposed upon them,
to demand and receive from the treasurer of the district, from and out of any monies in
bis hands for the public uses of the district, the sums following, that is to say ; the clerk
of the peace, for each return, one pound ; the assessor, three pounds for every hundred
poundl iipon . the assessment roll, in addition to the remuneration now afforded by law ;
the to^ cteak, five shillings^ for each notification : Provided, nevertheless, That the asses-
sor or assessors of or for any town, township, or place, shall not receive any fee or reward
whatevgr for the performance of any duty, as assessor or assessors, until the return of
the population in this act required shall have been filed in the office of the clerk of the
peace, and a certificate thereof produced to the treasurer, any law to the contrary notwith-
standing.
IX. And be it further enacted by the authority aforesaid. That tEe fines and forfeitures
imposed by this act, except as is herein otherwise provided for, together with costs of
conviction, shall and may be recovered before any two or more of his Majesty's justices
of the peace, on the oath of one or more credible witness or witnesses, or by the con-
fession of the party, and shall and may be levied by distress and sale of the goods and
ch^tels of the person or persons so convicted, under and by virtue of a warrant for that
purpose issued by the justices, or any two of them, before whom he or they may have
been convicted ; one half of which fines shall be paid to the informer or person who shall
sue for the same, and the other half into the hands^ of the treasiu*er, for the public uses
of the district.
8S3
In CMe of negUet or
reAiMd of «M«Mor to
diichw^ dntiea, cr in
esse no asMMon cho-
sen, or in case of donth,
&c. jostices of genenu
quarter sestiont to ap^
point two persoiu to
periorm their duties;
and the okrk of the
peace to notify them of
appointment, and they
Bnall be liable to be pro-
ceeded against, for
neglecting to take oath;
or neglecting to per-
form duties, shall be
liable to same fine aa
prescribed respecting
assessors chosen at
town meetings.
Certain justices to ap-
point other assessors,
and to jpunish for neg-
lect, &c. in manner
pointed oat by this act.
Cleric of the peace to
make a general return
of population, and
transmit it to the office
of the UeutCDant go-
remor;
and in case return be
deficient, shall supply
that deficiency as so<m
as practicahle.
Fees to be taken by
clerk of the peace, as-
sessors,aad town clerk.
Provided that they
shall not receiye any
reward until return
filed and certificate
produced.
Fines and forfeitures
with costs of COttTlC-
tion to be recoTcred
as herein directed;
and half paid to infor-
mer, and other half into
the hands of the trea-
surer, for the uses of
the district
Chapter VIII.
An act to make permanent and extend the pravisiona of the laws now in force for the
eetMishment and regulation of common schools throughovi this province^ aiid for
grading to his Maj^y a further sum of money to promote and encourage education
within the same.
[Passed January 19, 1S24.]
Most gracious Soyerbign :
Whereas it would greatly tend to advance the happiness of society to disseminate moral Preamble,
and religious instruction among the people, and to render permanent the laws now in
force relating to common schools; we, your Majesty's dutiful and loyal subjects, the
commons of Upper Canada, in provincial parliament assembled, most humbly beseech your
Majesty that it may be enacted, and be it therefore enacted by the King^s most excellent Ma-
jesty, by and with the advice and consent of the legislative council and assembly of the
nrovince of Upper Canada, constituted and assembled by virtue of and under the authority of
Digitized by
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\
954
G. 8.— FomncH Yxiot of QmmA IV ^1834.
[FOVMV
am, In ad*
d for tk«
ditfOB, granted
. 9|iO9llraff0BMBt Of COBl'
1BCM aad Bttnday sehoolt
(Ab to the cottBty of
Fmeo Edward, aoelat
WyLIV,a7.>
The money 'ao granted
tp beat Ae diapoaal of
the genenil boaid of
edaeationler tbiawe*
▼ince, for the purchaae
oCboeke.
WUeh ahaH be diatri-
bvted by the general
bonrd to the tereral
diatriet boaitU.
Oiataict baMdi^at thek
diiacretion, to djataibule
Fbrthenaeof Smiday
aehoola, and the remote
aettlementfl.
filth elanaelat Geo. IV^
^ 7, repealed.
The provisioaa of the
abore act, and the 66th
Geo. Ill, c -96^ ttf ex-
tend to the Indiana.
Gertifleate in anoh ear
No teacher to reeeire
an^r money before ex-
amination by the dis-
trict boaid;
eraeeitiiictte from at
kaet urnt aaember of
and board, eetti^fi^g
hia ability.
Moniea hereby granted,
how to be paid.
for.
an act pamed in the parliament of Great BrilaiB, entitledy *^ An aet to repeal cerlaki parts of
an aet passed in the fourteenth year oThis Ma|estj's reign^ entitled, ^ An aet for making more
effectual provision for the government of the province of Quebec, in North AJMrica, and
to make further provision for the government of the said province,' " a^d bj the.au^oritj
of the same, That for the benefit of all classes of his Majesty '^s subjects, and for the
encouragement of Sunday schools, and for affording the means of iporal and religious
instruction to the more indigent and remote settlements in the several districts tbrougboot
this province, there shall be annually paid, in addition to the sum now by lS)|p^^djjrected
to be paid for the use and benefit of common schools, the further sum of oifi mmdred
and fifty pounds ; which said sum of one hundred and fifty pounds shaP bg^MiPpri^ed avid
applied in manner and form as is hereinafter directed. .«' V^ . * . •
U. ^d be it further enacted by the authority aforesaid. Thai the moniea herQti^|raiiieit
shall be at the disposal of the general board that is, or may be, appointed by the governor,
lieutenant governor, or person administering the government of this province, for the
superintendence of education within the same, to be by them laid out and expended for
the purchasing of books and tracts, deigned to afford moral and reUgfous instmetion ;
whidi said books and tracts, when so purchased, shall be distributed by the said geneni
boardt in equal proportion, amongst the several district boards of edueatioft thfoughoat
this province.
III. And be it further enacted by the authority aforesaid. That it shaU and may be
lawful for the several district boards of education to make and order at their diacietion, a
distribution of such books and tracts for the use and eneouragement of Sunday schools,
and to the benefit of the more indigent and remote settlements in their respective districts.
lY. And be it further enacted by the futhority aforesaid, That the eighth clause of aa
act passed in the first year of the reign of his present Majesty, entitled, ^^ An act to
amend and continue, under certain modifications, an act passed in the fifty-sixth year of
his Majesty's reign, entitled, ^ An act granting to his Majesty a sum of JMf^y^ M
applied to the use of common schools throughout this province, and to provide for tiie
regulation of the said common. schools,' " be, and the same is, hereby repealed.
y. And be it further enacted by the authority aforesaid. That the provisfona of the
above recited act, and so i&uch of an act passed in the fifty-sixth year of his late Majes^
ty's reign, entitled, *' An act granting to his Majesty a sum of money, to be applied to the
use of common schools throughout this province, ancl to provide for the regulaticj^4>f the
said common schools," as is now in force, shall be, and the . same is hereby de%tt^ to
extend to all schools that are now or may hereafter be estabushed and kept ^ff^oftg the
Indians, who. shall be resident within the limits of any organised county or"%wnamp
within this province, excepting such schools as shall or may be otherwise proviflfed' for :
Provided, nevertheless. That in all reports that may be made to the board of education
before the first day of June 'next after the passing of this act, from any school kept for the
instruction and educatfon of the children of the Indians, it shall not be necessary to certify
to such board,* that the trustees of the school so reporting were chosen on the first day
of June last,. any law or usage to the contrary in any wise notwithstanding*
VI. 'And be it further enacted by the authority aforesaid. That every teacher of a com-
mon school, before he shall be entitled to receive any portion of public money, shall l>e
examined by the board of education in the district in which he shall have taught, o^ is
about to teach, a common school, or shall obtain a certificate from at least one member of
such board, certifying his ability and fitness to teach the same, due regard at all times
being had to the degree of education wanting, or to the branches necessary to be taught
in the township, village, or place, in which such teacher hath undertaken, or is about to
undertake, to teach a common school.
VII. And be it further enacted by the authority aforesaid, That the monies hereby
granted to his Majesty shall be paid by the receiver general of this province, in discharge
of such warrant or warrants as shall for the purpose herein set forth be issued by the
governor, lieutenant governor, or person administering the government of this province,
u>r the time being, and. shall be accounted for by the receiver general to his Majesty, his
heirs and successors, through the lords commissioners of his Majesty's treasury, for the
time being, in such manner and form as his Majesty, his heirs and«succesaors, shall be
graciously pleased to direct.
Digitized by
Google
EiOSSff PAMtlAIOPlfT.]
C. 9.— FovBVH YsAR or Gwnmb IV.— 18S4.
a»
Cluster IX.
An ad to amend and make perpetual an 0tt parsed in the fifty-ninth year of hie late
Majestyi^s reign, entMed; ^* An act to t^eai^part of and amend the laws rww in force
for laying out, amending, and keeping in repair, the public highways and roads in
this province ;" «nrf aUo to amt»td an stct flossed in the fiftieth year of his late Ma*
jesty^s reign, entiOed, " An act to provide for the laying out, amending, and keeping
in repair, the publie highways und roads in this province,^^ and to repeal the laws
now in force for that purpose.
[Paased Janvaty IS^ 1824.]
Whsakas it is-expedient to amend and raak^ perpetual a certain act of the parliament
of this {HToyinDe, passed in the fiftj-ninth year of his late Majesty's reign, entitled, "An
act to repeal part of and amend the laws now in force for laying out, amending, and keeping
m repair, tiie public highways and roads in this province ;" be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of tipper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, " An ttct
to repeal certaio parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ^ An act for making more effeetual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
]^vince,' " and by the authority of the same. That the fourteenth clause of the said
lefited act shall be, and the same is, hereby repealed.
If. And be it further enacted by the authority aforesaid, Hiat any person liable to
perform statute labor on the li%hways, (except such persons as being resident in any
town in diis province, shall be liable by law to perform more than -six days' labor,) may
compomid for suf h duty, if he or they think fit^ by paying to the officer hereinafter men-
tioned, tb0 awn of two shillings and six pence for, and in lieu of, each day's duty or labor
respectiveiy, at the time and in the manner directed by law.
III. And be it further enacted by the authority aforesaid. That when any person resi-
ding in any town in this province shall be liable by law to work on the highways and
roads more tl^an six days in any one year, he shall, in lieu of such labor, pay to the surveycM*
of streets, to be appointed as is hereinafter mentioned, for such town, on or before the
first day ef May in each year, the sum of two shillings and six pence for, and in lieu of,
each day^ duty or labor respectively.
IV. Andb€*it further enacted by the authority aforesaid. That after the present year,
the jasticfes of the peace in and for the several districts of this province, sjiall have power,
' at any general or adjourned sessions of the peace in and for such district, to appoint a
surveyor of streets in and for each town within their respective districts, and td remove
soch officer, mo appointed, at their will and pleasure.
V. And be it Airther enacted by the authority aforesaid. That such surveyor of streets
shall, before entering upon his office, take an oath in open court, before such justices, that
he \idll well and faithfully execute the duties thereof, and shall, with two sureties, to be
approved of by such justices, enter into a bond to his Majesty, his heirs and successors,
in such sum as to the justices may seem meet, to account well and truly for all such
monies as shall come into his hands by virtue of his said office.
(See4UiGeo.IV«6lO.>
Preamble.
UI.e«.i«pMM.
Every penon liable to
perform statute labor,
(eiceepft penons refi-
dent ia any to^rn Uable
to more tlum the dtt]ra>)
may eempowid bypsy^
iiig9t. Sd. perdleai, m
lieus^be.
Pcnona leaideat many
town Uabto to
than six days' labar.
sball in lien tbereof
pay to the smreyor of
streets on 1st Majr* in
eaeb year, %.ea. per
diem.
Justices of the peace
at any session may ap-
point a surveyor of
streets for eyery town
in their district, and to
remove him at plea-
sure.
Surveyor of Greets to
take an oath in open
court that he will faith-
fully perform his oflice.
Shall ^ter into a bond,
with two securities.
(Repealed as to such
street surveyoi's oath,
except in towns where y
the quarter sessiona ^
are held. See 8th Geo.
IV, e 14.)
VJ. And be it further enacted by the authority aforesaid. That the justices of the peace,
acting within their respective divisions for the time being, shall and may, {at any special
session to be holden for that purpose,) order the surveyor of streets in any town within
their division, to make or amend any street, highway, or road, within such town, as they
shall think necessary ; and the said surveyor of streets shall, within ten days after having
received such order, summon such persons within the said town as are obliged to perform
statute labor, and order them to work on such part of the streets, highways, or roads,
within the said town, or adjacent thereto, as they shall be directed to make or repair ; and
every person neglecting or refusing to obey such order, shall be subject. to the like
penalties, to be recovered and applied in the like manner as in case of persons refusing to
obey the order of any overseer of highways in this province, under the laws now in
force.
VII. And be it further enacted by the athhority aforesaid, That the monies which shall
be paid to any surveyor of streets under this act, in commutation »of labor, shall be
expended by him, under the direction of the justices actine within the division in which
the town is situated, for which such surveyor is appointed, in making or 'amending the
streets, highways, or roads, in such town.
Justices at any special
session holden for thai
purpose may order snr-
veyor of streets toa-
mend any street, &o.
Within ten days after,
surveyor shall summon
such persons as are lia-
ble, and order them to
repair and amend such
street, &c.
Penalb^ for neglecting
and refusing.
Commntatiea money to
be expended by sur*
veyor of streets, under
the direction of the ws-
tices, in making, ftc.
streets, &e. in
town.
Digitized by
Google
C. 10.— Fourth Ybar of Osoroc IV. — 1824.
[FovRTH Sttsms,
Jnctieet it any tpeeial
■Msion may direct tor-
reyor to expend put
of the monej on wUr
tnte labor, in remunng
any highway or Diidge
in the yicimty of' such
town.
Teyor and persons
_ ernim. in executing
ordefs of justices rela-
tive to thoir duty, dis-
ehaiged from any ac-
tion of trespass, «c.
Lawa of the province
relative to nipointing
overseers of highways
for any town, repealed.
Surveyor of streets to
he remunerated by or-
der of justices in ge-
neral quarter sessions ;
and h^ may detain the
same out of such mo-
nies as he may receive.
If persons liable to pay
money, neglect or re-
fuse ten days after the
demand, two justices
acting within the divi-
sion, upon proof, may
Issue a warrant to levy
double the amount, to-
ntfaer with costs, &c.
filoney so levied, how
applied.
10th clause 69th Geo.
in, e 8, as far as re-
lates to the payment of
money by treasurer to
overseers, repealed.
Treasurer shall pay to
the order of the magis-
trates in sessions, in
the month of March,
idt such money as may
have been colleeted by
the rate of one eigfatn
of a penny per annum.
Such money so paid
how to be laid out.
YIII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the justices of the peace acting within any division in any district of this province,
at any special sessions holden for that purpose^ if they shall see fit, to direct the surveyor
of streets, to be appointed under this act for any town within their division, to expend
part of the monies to be paid into his hands, or to apply part of the statute labor to be
done under his orders, in amending any highway or bridge in the vicinity of such town.
IX. And be it further enacted by the authority aforesaid, That the surveyor of streets,
and all persons acting under their directions, in the execution of such orders as they shall
have received from the justices of the peace relative to the performance of their duty on
streets and highways, are hereby discharged from any action of trespass which may be
brought in any of his Majesty's courts within this province, for any act or acts that the
said surveyors, or any person or persons acting under their directions, as aforesaid, may
in the execution of such orders or directions, have committed or done.
X. And be it further enacted by the authority aforesaid, That jfrom and after the pass-
ing of this act, so much of the several laws of this province as relates to the choosing or
appointing of overseers of highways for any town, shall be, and the same is, hereby
repealed.
XL And be it further enacted by the authority aforesaid, TBat the justices of the peace
in and for each district of this province, in general quarter sessions assembled, shall have
powec from time to time to limit and appoint, by order, the remuneration which shall be
paid to the surveyors of streets in the several tovms within their respective districts, and
shall authorize the same to be deducted and retained by such surveyors out of the monies
which they shall receive by virtue of this act.
XII. And be it further enacted by the authority aforesaid, That if any person liable to
pay money, in lieu of statute labor, under this act, shall refuse or neglect to pay the same
to the surveyor of streets authorized to demand the same, within ten days after demand
made for that purpose, it shall be lawful for any two justices of the peace acting within the
division, upon proof thereof on oath, to issue their warrant for levying double the amount
thereof, together with costs, by distress and sale of the goods and chattels of such person
so neglecting or refusing, which money so levied shall be applied in the same manner as
the composition money directed to be paid by this act.
XIII. And whereas the money received by treasurers of districts, and by them paid
over to the overseers of highways in the township where the land Ues, on which the said
money was collected, may be more beneficially expended under the direction of the justi-
ces of the peace, be it therefore enacted by the authority aforesaid, That tiff^ tenth clause
of the said act, in so far as relates to the same, shall be, and the same is, hereby repealed ;
and that the treasurer of each a.nd every district of this province shall, after the passing of
this act, pay to the order of the magistrates, in special sessions of the peace, in die month
of March, in their respective divisions assembled, or any other special sessions within the
divisions where such land is situated, all such sum or sums of money as may have been
paid in or collected for the said rate of one-eighth of a penny per annum, to be by the said
justices of the peace laid out, by contract or otherwise, to the best advantage on the high-
ways within the township where the land lies, from which the said rate was paid or
collected.
Preamble.
Chapter X.
An act to repeal part ofaiid amend an act passed in the fiftieth year of his late Majesty^s
reignj entitled^ " An act to provide for the laying otU^ amending^ and keeping in re-
pair, the public highways and roads in this province^ and to repeal the laws nmo in
force for that purpose ;" and also to repeal part of and amend the provisions of m
act passed in the fifty-ninth year of hi^ late Majesty"* s reign, entitledj ^^ An ad to
repeal part ofandamend the laws now in force for laying out, amending, and keeping
ini^epair, thepublic highways and roads in this province.^^
[Passed Jomiai^ 19, 18^]
Where \8 it is expedient to repeal part of and amend an act passed in the fiftieth year
of his late Majesty's reign, entitled, '' An act for the laying out, amending, and keeping
in repair, the public highways and roads in this province, and to repeal the laws now in
force for that purpose, and also to extend the provisions of the said act ; and also to re-
peal part of and amend the provisions of an act passed in the fifty-ninth year of his late
Majesty's reign, entitled, "An act to repeal part of and amend the laws now in force for
laying out, amending, and keeping in repair, the public highways and roads in this
province ;" be it therefore enacted by the King's most excellent Majesty, by ainl
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
Digitized by VnUOV IC
EieBTR PARI^tABCCHT.]
C. 10.— Fo0HTH Ykae of OdOROfi IV.— 1824.
857
passed in the parliament of Great Britain, entitled, ^ An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make Airther provision u>r the government of the said province,' " and by the authority
of the same, That the fifth clause of the said recited act, and the sixth clause of the said
last mentioned act be, and the same are, hereby repealed.
II. And be it further enacted by the authority aforesaid, That no road hereafter to be
laid out under the provisions of the said first recited act shall be more than sixty-six, nor
less than forty feet, in the *width : Provided always, nevertheless. That nothing in this
clause contained lahall extend, or be construed to extend, to affect any road now established
under the provision of the said recited act.
III. Provided always, nevertheless, and be it further enacted by the authority afore-
said, That when any road now or hereafter established, shall be altered, it shall not be
lawful for the surveyor of roads reporting such alteration, to lay out such new road of a
less width than the one proposed to be altered.
IV. And be it further enacted by the authority aforesaid. That from and after the passing
of this act, it shall and may be lawful for his Majesty's justices of the peace, at their
special sessions, in the month of March in each and every year, or at any general quarter
sessions of the peace, upon application in writing, signed by at least twelve freeholders
residing in any town, township, or place, of this province, requesting permission to lay
out and apply part of the statute labor of such town, township, or place, on the highways
and roads of any adjoining town, township, or place, for the said justices, so assembled,
to permit the same, when it shall appear manifestly advantageous to the inhabitants making
such application, in such proportion as to the raajority of the said justices then and there
present, may seem meet.
V. And be it further enacted by the authority aforesaid. That when any person or per-
sons liable to the rate of one-eighth of a penny per acre on land, for the purposes of the
highways, shall lay out any money on roads in the to^vn, township, or place, where the
same is situated, or cause labor to be done therdon, the approbation of the justices of the
peace, or the majority of them, assembled in any general quarter sessions for the district
in which such land is situated, having been first obtained, it shall and may be Inwful for
the justices, or the majority of them, so assembled at any subsequent sessions, when
application shall be made for that purpose, if it shall appear to them, or the majority of
them, that the same has been judiciously laid out, and manifestly for the public advantage,
by their order to the treasurer of such district, [to direct] the amount to be set off and allowed
against any arrears that may have already accrued, or may hereafter accrue, on the said
lands, or such part thereof as may to them appear to have been expended for the general
good of the town, township, or place, where the same is situated.
5th dante 90th Qto,
III, el, and (KhdatiMe
SaUi Geo. Ill, e 8, re-
pealed.
No road ander 50tb
Geo. Ill, e 1, to be
more than lixtT-Bix, or
leM than forty feet, in
width.
This not to affect any
road now establtshea
under the said act. .
If any road shall be al-
tered, the new one shall
not be Jess in width
than the old.
Jostices of the peaeein
March, in each year, or
in general quarter ses-
sions, by application in
writing, signed by at
least twelve freehoiden
of any town, may ap-
ply part of the statute
labor of such town on
any highways adjoining
It, if it shall appear
advanta^ons, in such
proportion as the majo-
rity may think fit
When any person liable
to one-eighth of a penny
per acre, shall expend
any money on roads in
the town, where the
same is situated, or
cause it to be done, the
ap)>robatiou of the ma-
jority of the justices in
any general quarter
sessions baring been
obtained, the said jus-
tices, upon application
in any subsequent ses-
sions, if it appear that
the same has been laid
out to adrantage, to or-
der the treasurer to set
otr the amount against
aity arrears that may
hare or may aeenie on
said lands, or such part
as may appear expend-
ed for the good of the
town where it is situat-
ed.
old rood and proceeds
paid to the owner of the
new) shall be liable to
pay any sum which a
jnry as by law directed
shall ascertain; if the
owner or agent, &o.
shall within thrae
VI. And be it further enacted by the authority aforesaid, That in all cases when appli- when appUcation is
cation shall be made to any surveyor or surveyors of the highways, to have any new road Sfj ouro^raUeJStthSI^
laid out, or any road already laid out altered, those making the application, (after a sale of making it (after sale of
the old road, so altered, shall have taken place, and the proceeds of such sale been paid "'^ "* ""'' '"
over to the owner of the land through which the new road may pass,) shall be deemed
liable to pay any further sum, which shall be ascertained by a jury, in manner as by the
laws now in force is directed ; and in case the owner or owners, agent or agents thereof,
shall, within three months from the date of the report of such new t*oad, or the alteration
of such road or roads, make application to be compensated for the land taken for the same, in ^^* ^^ ^f ^
manner as by the laws now in force is directed, no order shall issue directing statute labor lew ^t^^ Slc. m^e
thereon, unless a discharge or acquittal for the same, or release for the land taken for such J2jJjJ*ccorffn- u?KJ[
purpose from the owner or owners thereof, or proof of a tender having been made for the no order shall Fssue for
value thereof, so ascertained, be produced to the general quarter sessions : Provided, ne- jSJiSlld,'*^M8**a ?S-
vertheless, That nothing in this act contained shsJl extend, or be construed to extend, to charge,' &c. be taken
prevent the said justice of the peace from directing the same to be paid out of the public oj.^ proof VTSdir of
money of the district, if to them it shall appear that the said alteration is of manifest utility the value so ascertain-
to the public at large, and not of a local nature. ncnO^ quarter ^ossioSs'
Nothing in this act to
• ^ prevent the justices
from directing same to
be paid out of the ge-
neral fimd of the ois-
trict, if the same shall
appear of manifest uti*
lAyT^
45
Digiti
zed by Google
^
C. 11.— FouBTK 7bab of Gsomb IV.— 1824.
[FpravB Spwovf
9Ui cUuM of Om 60th
Geo. ill, e 1, M fiur M
rebtea to tke ««le of
gjOTemmcnt appropria-
tiona and auowancea
for haghwayt, &c. re-
pealed.
Thia elaiiM aot to nra-
Toot any tnrrejor from
sdling any road which
heisksdlyanthorised
toteU.
Any penon liable, may
coBponnd by payings
overseer St. per aiem
for eaeh eart, &c.
And two shillinrs and
•ix peace forcacB day's
dutjT
VII. And whereas much inconvenieDce has arisen by the sale of portions of the origpnal
government appropriations and allowances for highways and roads in the several townships
in this province ; be it therefore enacted by the authority aforesaid, That the ninth clause
of the act passed by the legislature of this province in the fiftieth year of the reign of his
late Majesty, King George the Third, entitled, '^ An act to provide for the laying out,
amending, and keeping in repair, the public highways and roads in this province, and to
repeal the laws now in force for that purpose,'' be repealed, and the same is hereby
repealed, so far as regards the aforesaid government appropriations for such highways and
roads : Provided always, That nothing in this clause contained shall restrain any surveyor
of highways from selling and conveying any road which he is now by law authorized to
sell and convey.
VIII. And be it further enacted by the authority aforesaid, That any person, liable to
perform the duty imposed by this or any other law now in force, may compound for such
duty, if he or she may think fit, by paying to the overseer the sum of five shillings for
each cart or waggon team, and driver, for each day ; and every person liable to perform
such labor may compound for the same, if he or she should think fit, by paying to the
overseer the sum of two shillings and sixpence, for and in lieu of such day's duty or labor
respectively, at the time and in the manner directed by law.
Pnamble.
41st Geo. Ill, e 8;
and 43d Geo. Ill, c 2,
repealed.
Appointment ol coUoe-
ton.
CoUeeton to gire s^en-
rity.
Chapter XI.
An act to repeal an act passed in the forty-first year o/hia late Majesty^s reign, enliUedj
^^An act for granting to his Majesty, his heirs and successors, to and for the uses
of this province, the like duties on goods and merchandize brought into this province
from the United States of America, as are now paid on goods and merchandize
imported from Great Britain and other places ;" and also an act passed in the forty-
third year of his late Majesty^s reign, entitled, ''An act to explain and amend an act
passed in the forty-first year of his Majesty^s reign, entitled, 'An act for granting to
his Majesty, his heirs and successors, to and for the uses of this province, the like duties
on goods and tnerchandize brought into this province from the United States €/ Ame-
rica, as are now paid on goods and merchandize imported from Great Britain and
other places,^ and to provide more effectually for the coUectian and paymeniofduUes on
goods and merchandize coming from the United States of America into this province ;
and also to establish a fund for the erection and repairing of light housesj*^ and to
make more effectual provision for the due collection of duties on goods unported into
this province.
[Paued Januaiy IS, IS^J
Whereas it is expedient to repeal the laws now in force for securing the payment of
duties, and to reduce the same into one act, and also to extend the provisions thereof; be it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ' An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That an act passed
in the forty-first year of his late Majesty's reign, entitled, " An act for granting to his
Majesty, his heirs and successors, to and for the uses of tliis province, the like duties on
goods and merchandize brought into* this province from the United States of America, as
are now paid on goods and merchandise imported from Great Britain and other places ;"
also an act passed in the forty-third year of his late Majesty's reign, entitled, ^^ An act
to explain and amend ah act passed in the forty-first year of his Majesty's reign, entitled,
^ An act for granting to his Majesty, his heirs and successors, to and for the uses of this pro-
vince, the like duties on goods and merchandize brought into this province from the United
States of America, as are now paid on goods and merchandize imported from Great Britain
and other places,' and to provide more effectually for the collection aod payment of duties
on goods and merchandize coming from the United States of America into this province ;
and also to establish a fund for the erection of light houses," be, and the same are, hereby
repealed.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this pro-
vince, by commission under his hand and seal at arms, to nominate and appoint one or more
collectors at the ports of entry and clearance, now or hereafter to be established.
III. And be it further enacted by the authority aforesaid, That each and every collector
shall give security, by way of recognizance or obligation to his Majesty, with two sureties
Digitized by VrjiJOV IC
Ewtna FAiOAAUmm,]
C. II.— PtotmTH Ykab of Gteohoc IV.— 1824.
SflD
in iiFe handred pounds each, and himself in one thousand pounds, for the due performance
of his ofllee.
IV . And be it further enacted by the authority aforesaid, That the said collectors shall,
and they are hereby authorized to, appoint one or more deputy or deputies, and that the
sud collectors and deputies shall have power and authority, and they are hereby required,
to seize and secure any vessel, boat, raft, or carriage, goods, wares, (n: merchandize, which
shall be liable to seizure under the authority of this act, or under any other laws of this
province, as well without as within their respective districts.
V. And be it further enacted by the authority aforesaid. That the collector or col
lectors, deputy or deputies, of and for the said ports, shall attend every day except Sun-
days, Christmas day, and Good Friday, at a certain place to be named for each port, for
the discharge of the duties of their respective offices, between the hours of nine and
twelve c^ the clock in the forenoon, and three and six of the clock in the afternoon, from the
first day of May to the first day of October, and from ten to three, from the first day of
October to the last day of April, and shall not receive the report or entry of any vessel,
boat, raft, or carriage, at any other place.
VI. And be it further enacted by the authority aforesaid, That the said collectors shall
make a report to the inspector general of this province, four times in every year, of all
entries made at their port or ports of entry, which reports shall also severally comprise i^
faithful statement of all duties paid or secured, and the proceeds of all seizures and penal-
ties received, or which shall have accrued due within the periods following, that is to say,
between the first day of January and the last day of March, the first day of April and the
last day of June, the first day of July and the last day of September, and the first day of
October and the last day of December, and that the first and last days of such periods shall
be inclusive ; and that the said returns shall be transmitted to the office of the inspector
general, within forty days next after the expiration of every quarter, as aforesaid, and shall
also report to the inspector general all seizures by him, or any of his deputies, made within
twenty days after midcing the same ; and the full amount of the duties and proceeds of all
seizures as shall in such relums be stated to have come into the hands of such collector
or collectors, shall, within the term of forty days, be paid by him or them into the hands
of his Majesty's receiver general for this province.
VII. And be it further enacted by the authority aforesaid. That if any collector shall
neglect or refuse to make such report, or to pay such duties, in manner and form as afore-
said, and within the times prescribed, he shall not be entitled to any per centage on the
amount of duties collected for the period in which such default shall be made.
Vlfl. And be it further enacted by the authority aforesaid. That every collector shall
be authorized to retain the sum of fifty pounds per centum on the amount of duties by
him collected, until the same amounts to one hundred pounds per annum, and no more.
IX- And be it further enacted by the authority aforesaid, That the master, or person
having the charge or command of any vessel, boat, raft, or carriage, of what nature or
kind soever, having goods, Wares, or merchandize on board thereof, arriving at, or com-
ing into, any port of entry, shall make a report to the collector of the arrival of any such
vessel, boat, raft, or carriage, in the following form :
Blay Appoint depattes.
AttUiority to seize.
Hours of attendance at
collector'! office.
Report of entriM»
where to be Made.
CoUeeton, where and
how to accoant to the
intpector general.
Accoant gf teiziires to
berendei^.
When procceda of tei*
znres, &c. dnties re-
ceired W coUecton
shall be paid oyer.
Penalty if coUectori
■hall negket to ac-
coant.
Rcmnneration of col-
lectors.
How vesseb, boats,
carriages* &c. are to
be repotted.
S\HZ or OwHEiL or Vessel,
Bo\T, R^PT, OR Carhiage.
Ladimo
WnsvcK Shipped.
WniTiicn DBsmiBp.
[Signed]
A. B., master, [or person having chaise or command.]
And which form, if required, shall be furnished by the collector, for which he shall re-
ceive the sum of one shilling and three pence ; and that if the master, or person having
the charge or command of any such vessel, boat, raft, or carriage, shall neglect or refuse
to make such report, he shall for every such offence forfeit and pay the sum of five pounds ;
and that it shall and may be lawful for the collector to seize and detain such vessel, boat,
raft, or carriage, until the said penalty shall be paid, or security given for the payment
thereof, by bond to his Majesty, on conviction of such neglect or refusal; and that if any
ma<jter, or person having the charge or command of any vessel, boat, raft, or carriage.
Fee.^
Penalty in cai
ing to report.
iof fiul-
Digitized by
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see
C. 11.— Fourth Year of Osorob iy.-*1824.
[P<
S]
«,
On
port
makio^a fidte re-
Exemption from re-
porting.
No dotinble goods to
be imported except at
a port of entrjr, or until
duties have Seen first
paid or secured.
Permit.
Forfeiture, if illegally
imported.
When time may be giv-
en for the payment of
duties, on taking secu-
rity.
Permit to be given for
remoy^l of dutiable
good* from a port of
entiT to any o^her port
orpta^
Goods not to be unladen
but in open day, or at
any other place than a
port of entry, without a
special license.
Penalty.
Officers may examine
nackagcs suspected to
be nctruly entered.
No forfeiture, if thi^re
^s no intention to de-
fraud by such false en-
try.
shall make a false report, such vessel, boat, raft, or carriage, and the tackle, apparel, fur-
niture, cattle, horse, or horses, and harness, thereunto respectively belongbg, shall be
forfeited, and liable to seizure by Quch collector : Provided always, That nothing in this
clause contained shall be construed to extend to require the report of the arrival of any
carriage from any part of this province : Provided also. That nothing in this act ccmtained
shall extend, or be construed to extend, to require the report, in writing, of any boat
owned, and managed by any inhabitant or iuhabitants of this province, and exclusively
laden with any ailicle or articles being the growth, produce, or manufacture therectf.
X. And be it further enacted by the authority aforesaid. That no goods, wares, or
merchandize, upon which any duties are, or shall be by law imposed, shall be imported
into this province at any otlier place than a port of entry, nor be unladen untU the duties
payable on such goods, wares, and merchandize shall have been first paid or secured ; and
the master, or person having the charge or command of the vessel, boat, raft, or earriage,
in or upon which the same shall be imported, shall have received a permit in writing so
to do ; and that all the goods, wares, or merchandize, which shall be imported into this
province, from the United States of America, and which shall not be entered according to
the provisions of this act, shall be forfeited, together with the vessel, boat, raft, or carriage,
in or upon which the same shall be found, or shall have been imported, and the tackle,
apparel, furniture, cattle, horse, or horses, and harness, thereunto respectively belongmg.
XI. And be it further enacted by the authority aforesaid, That when the amount of
duties imposed by law upon any goods, wares, or merchandize, lawfully imported into
this province, at any one time, shsdl amount to twenty pounds, it shall and may be lawful
for the collector or deputy of the port where such goods, wares, and merchandize, shall
be entered, to take security for the due payment of such duties, one half within two
months, and the other half in four months, after such importation, by bond, in double the
amount thereof, to his Majesty, from the owner, or person importing the same, with one
or more good and sufficient sureties, at the discretion of the collector.
XIL And be it further enacted by the authority aforesaid. That when any person or
persons shall have occasion to remove from any port of entry, aforesaid, to any other port
or place, any goods, wares, or merchandize, (subject to the payment of any duly,) duly
imported into any port, as aforesaid, on which the duties imposed by law shall have been
paid, or secured to be paid, the collector or deputy of any such port, upon requisition in
writing for that purpose made, and signed by such person or persons, specifying the parti-
cular goods, wares, and merchandize to be removed, and the number of packages in which
the same are contained, with their marks and numbers, shall, and he is hereby required
to, give a permit in writing, signed by the said collector or deputy, specifying the particu-
lar goods, wares, and merchandize, to be removed, the number of the packages containmg
such goods, wares, and merchandize, with the marks and numbers, and certifying that such
goods, wares, and merchandize, had been duly entered in that port, and that the duties
thereon had been paid, or secured to be paid ; and the collector or deputy giving such
permit, shall limit therein the time within which such goods, wares, or merchandize, shall
be removed from such port, and also the time within which such permit shall be in force.
XIII. And be it further enacted by the authority aforesaid. That no goods, wares, or
merchandize, imported into this province in or upon any vessel, boat, raft, or carriage,
from the United States of America, shall be unladen or laid on land, from such vessel,
boat, raft, or carriage, except in open day, that is to say ; between the rising and setting
of the sun, nor at any other place than a port of entry, without a special license for that
purpose first had and obtained from the collector or deputy of the port where the same
shall have been entered ; and if any goods, wares, or merchandize, shall be unladen or
laid on land, contrary to the directions of this act, the master, or person having the com-
mand or charge of such vessel, -boat, raft, or carriage, and every other person who shall
knowingly be concerned in aiding therein, or in removing, or otherwise securing the
«goods, wares, or merchandize, shall forfeit and pay double the value thereof.
XIV. And be it further enacted by the authority aforesaid. That it shall and maj be
lawful for the collector or deputy of any port, after entry made of any goods, wares, or
merchandize, on suspicion of fraud, to open and examine, in the presence of two or more
credible witnesses, any package or packages thereof; and if, upon examination, they
should be found to agree with the entries, the said collector or his deputy, shall cause the
same to be repacked at his own expense, and redelivered to the owner thereof ; but if any
package or packages, so examined, should be found to differ in their contents from the
entry, then the goods, wares, and merchandize, contained in such package or packages
shall be forfeited : Provided always. That the said forfeiture shall not be incurred, if it
shall be made to appear, to the satisfaction of the collector or deputy, or to the court in
which a prosecution shall be had for the condemnation thereof, that such difference pn>-
cceded from mistake or accident, and not from any intention to defraud the revenue.
Digitized by VniJO
gle
El^rra PABUAlfKNT.]
C. 11.— Fourth Ysab of Gsosgb IV.— 1824.
a»
branded.
Anihority to search for
fuid seise goods sus-
pected to he illegally
imported.
XV. And be it further enacted by the authority aforesaid, That if any person or persons Penalty for eoneeaiiag,
shall knowingly harbor, keep, conceal, purchase, sell, or exchange, any goods, wares, or SSJ^'iJj^JiU^-
merchandize, illegally imported into this province, he shall forfeit for every such offence, ly imported,
double the value thereof.
XVI. And be it further enacted by the authority aforesaid, That from and after the
passing of this act, it shall be the duty of each and every collector in this province to mark,
by branding with a proper iron, to be by him provided for that purpose, all kegs of tobacco Kegs of tobacco to be
which may be entered at his office, specifying the number of the keg, as inserted in his
books, and abo the name of the port.
XVIL And be it further enacted by the authority aforesaid. That the collector or de-
puty of any port, or other person by either of them for that purpose specially appointed,
shall have full power and authority to enter into and upon any vessel, boat, raft, or carriage,
in or upon which he or they shall have reason to suspect any goods, wares, or merchan*
dize, not reported, to be concealed, and therein and thereupon to search for, seize, and
secure the same ; and if any collector or deputy shall have cause to suspect that any
soods, wares, or merchandize, illegally imported, are harbored, kept, or secreted in any
dwelling house, shop, warehouse, or other building or place, it shsdl and may be lawful
for such collector or deputy, upon making oath before a jusUce of the peace of the facts
forming the grounds of such suspicion, to obtain a warrant to enter therein, (in the day
time only,) and there to search for any such goods, wares, or merchandize, and if any
such be found, to seize and secure the same.
XVIII. And be it further enacted by the authority aforesaid, That it shall and may be CommissjMiers of ciu-
lawful for the governor, lieutenant governor, or person administering the government of ^ j^sdiei§on?Me^
this province, from time to time to appoint in each and every district, three commissioners Ty"*^S2^Ji**'**^'
of customs, any two of whom shall be a quorum, to hear and determine, in a summary "^^ "**
all informations exhibited before them for the condemnation of any goods, wares, or
way,
merchandize, seized as forfeited under the provisions of this act, when the value thereof,
together with the vessel, boat, raft, or carriage, in or upon which the same shall be found,
or shall have been imported, shall not exceed forty pounds ; and also to hear and deter-
mine, in like manner, all informations which may be exhibited before them for penalties
to be recovered under and by virtue of this act : Provided, nevertheless. That if the owner
of any goods, wares, or merchandize, or the owner or commander of any vessel, boat, raft,
or carnage, seized as forfeited, or any person against whom any information shall be
exhibited before the said commissioners for the recovery of any penalty in the provisions
of this act, shall be desirous of having the same tried and determined in his Majesty's
court o[ king's bench, and shall, previous to the said commissioners giving judgment
thereon, enter into a bond, with sufficient sureties, in the penalty of fifty pounds, condi-
tioned for the payment of all costs, charges, and expenses already incurred, and such as
may attend the condemnation of such goods, wares, and merchandize, vessel, boat, raft, or
carriage, attending the determination of any information filed against him for the recovery
of any such penalty, in case such person shall be convicted therein ; the said commissimi-
ers shall not determine upon the legality of such seizure, or proceed to the conviction of
any person against whom any information shall have been exhibited, as aforesaid, but shall
forthwith report the proceedings had in the premises to the inspector general of this pro-
vince, when the like proceedings shall be had in his Majesty's said court of king's bench,
for the condemnation of such goods, wares, or merchandize, vessel, boat, raft, or carriage,
or for the recovery of such penalty, as if the same bad respectively exceeded the sum of
forty pounds.
XIX. And be it further enacted by the authority aforesaid, That the said commission-
ers shall from time to time have power to appoint a clerk, whose duty it shall be to receive
and file all informations, and keep a record of the proceedings of the said commissioners.
XX. And be it further enacted by the authority aforesaid. That in all cases of seizure
for any cause of forfeiture contained in this act, the commissioners of customs for the
district in which the same shall have been seized, shall, as well before as after the said
seizure shall be claimed, have full power and authority to examine into the circumstances,
and take affidavits of all facts relating thereto, and report thereon for the information of
the governor, lieutenant governor, or person administering the government of this pro-
vince ; and in case the governor, lieutenant governor, or person administering the govern-
ment of this province, in council, shall deem it expedient and proper so to do, he may
order the said seizure to be restored to the owner or owners, upon such terms as he may
think fit to impose.
XXI. And be it further enacted by the authority aforesaid, That within forty-eight
hours after the seizure of any goods, wares, and merchandize, under the provisions of this
act, supposed to be under the value of forty pounds, the collector, or person seizing the
samCf shall cause such goods, wares, and merchandize, to be duly appraised by the oath
of two indiiferent persons, which oath any justice of the peace is hereby authorized and
Digitized by
(As to their remimen-
Uon, see ^h Geo. IV,
el2.)
And to try infonniliOBt
for penalties.
Sach cases nercfthe-
less to be removed to
the king's bench at the
desire of the party.
On what terms.
Cleric to the said
missioners.
Commissioners may re*
port the circumstances
of any seizure for the
information of the lieu-
tenant governor, in
council, who, in cases
of forfeiture under this
act, may order the sei-
zure to DC restored, if
cause appear.
Goods seized to be ap-
praised.
Google
C. H.^^OUMH Y«AA OF OlMOK IV.^18«4.
[FMflMf
Bow dkba to b« pre-
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FblM flWMtfii^ before
theoit peijiiij.
for oo«tf.
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Proneiee fiv peinMnit
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to be rtrtoBed» or be-
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Doable «oat«.
How, if probable cause
of Heizurj appear.
I'eqHifeJ to adnkuster ; and that asich appraisefflieni shall be Mtoexed to, and filed with,
the infiormatioD hereii]Jiefore required to be exhibited before the said ooMniMtoaers,
witUn ^ht days after nuddng such seizure, which informatfon the said elerii, al the
request of any collector, or other person seizing, is hereby required to draw, for whieh he
shidl be entifled to receive five shillifigs, and no more.
XXII. And be it further enacted by the authority aforesaid, That so soon as any jnfor*
mation shall have been exhibited before the said commissioners, a notice thereof ediall be
put into the office of the said cleric, and also in the office of the collector cr deputy
residing nearest to the place where such seizure shall have been made ; and that if the
owner or peraon having charge of any goods, wares, and merchandize, vessel, boat, raft,
Of carriage, so seized as aforesaid, shall exhibit a claim to the same, or any pe^ thereof,
then it shall and may be lawftil for the said commissioners, after the said notice shaU have
bees put up fifteen days, as aforesaid, to proceed to hear and determine lUiy claim wtich
may in the mean time have been filed with the clerk, or to the condemnation thereof, if
no such claim shall have been made.
XXIIL And be it further enacted by the authority aforesaid. That the said temm»-
sioners, or any one of them, shall have power and authority to administer all oaths, and
take any affidavits required for carrying the provisions of this act into efiect ; and that if
any person or persons shall at any time forswear him, her, or themselves, before such
commissioner or comaussioners, he, she, or they shall incur and be liable to the sane
penalties as would have been incurred upon conviction of wilful and corrupt perjury, in
any evidence given in his Majesty's court of king's bench in this province, in any cause
there depending.
XXIY. Pronded always, and be it further enacted by the authority aforesaid. That it
shall not be lawful for the said c<Mnmi8sioners to entertain any churn of any goods, wares,
and merchandize, vessel, bo^it, raft, or carriage, until the person exhibiting the same shaU
harre entwed into a bond, with sufficient sureties, in the penalty of twenty pounds, am-
dJIioned for the payment of such costs as shall be awarded by the said commissioners, in
caoe the said j^ods, wares, and merchandize, vessel, boat, raft, or carriage, shall be
condemned*
XXV* And be it further enacted by the authority aforesaid. That in case any proceed-
ings shaU be had for the condemnation of any goods, wares, and merchandize, vessel,
bmt, raft, or carriage, under the provisions of this act, as well in cases when the goods
seized shall be adjudged to be restored, or if condemned, shall be insufficient to pay die
costd and expenses ot the proceedings had respecting the same, it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this
province, to dischai^, satisfy, and pay all such costs and expenses out of any momes
whieh shall be then in the hands of his Majesty's receiver general of this province, which
shall have arisen out of any duties imposed, or to be imposed, on any goods, wares, aai
merchandize, arriving from the said United States; and the said receiver general is
hereby required to pay and discharge all such warrant and warrants as shall for such pur-
poses be issued by the governor, lieutenant governor, or person administering the
government ot this province, for tl^ time being.
^ XXVL And be it further enacted by the authority aforesaid. That the said commis^
sioners in each and every district, shall meet on the last Saturday of every month, at the
court house in the town in which the quarter sessions shall be holdcn for the purposes
mentioned in this act, in case any information shall have been filed, and not decided upon,
and notice thereof given by the said clerk to the said commissioners.
XXYII. And be it further enacted by the authority aforesaid. That if any collector or
deputy, or other person aiding or assisting in the seizure of any vessel, boat, raft, or car-
riage, cattle, horse, or horses, harness, tackle, or ftirniture thereunto respectively
belonging, goods, wares, or merchandize, or other thing whatsoever, shall be sued or
prosecuted for any thing done in virtue of the powers of this act, he may plead the general
issue, and give this act and the special matter in evidence ; and if in such suit the plaint iff
shall be non-suited, or judgment be eiven against him, the defendant shall recover double
costs ; and in case any information shall be commenced and brought to trial on account of
the seizure of any vessel, boat, raft, or carriage, cattle, horse, or horses, harness, tackle,
apparel, furniture, goods, wares, or merchandize, or other things whatsoever, as forfeited
by this act, wherein a judgment shall be given for the claimant, and it shall appear to the
court before whom the same shall be tried, that there was a probable cause of seizure,
the court shall certify on the record, that there was a probable cause for seizing the same,
and in such case, the defendant shall not be entitled to any costs whatsoever, nor shall
the person who seized be liable to any action or prosecution on account of such seizure ;
and in case any action or prosecution shall be commenced and brought to trial against any
person whatsoever, on account of the seizure of any such vessel, boat, raft, or carriage,
cattle, horse, or horses, harness, tackle, apparel, furniture, goods, wares, or merchandize,
Digitized by VrjUUV IC
P4AUAI0&NT.]
C. IL^FoPBTH Y«Ali OF G«majB IV,— 1824.
or olhar tbiiig> where no information shall be filed or exhibited or In-ou^t to trial, to cen-
demn tba ffaone, awl a judgment shall be given upon such aetion or prosecution against the
defendant, if the court before whom such action shall have been brought, shall certify, ja
like manner as aforesaid, that there was a probable cause for such seizure, then the plain-
tiffs, (besides the vessel^ boat, raft, or carriage, cattle, horse, or horses, harness, tackle,
apparel, furniture, goods, wares, merchandize, or other thing or things, so seissed, or the
value thereof, where the same shall not have been restored,) shall not be entitled to
above one shilling damages, nor to anv costs of suit.
XXVIII. And be it fiirther enacted by the authority aforesaid, That.*aU such goods,
wares, or merchandisse, vessel, boat, rait, or carriage, horse, or horses, cattle, harness,
tackle, apparel, or furniture, which shall be forfeited and condemned by virtue of this ael,
shall be advertised for sale at the port where the same shall have been seized, eight days
previous to such sale, and not less than fifteen days after such omdemnation, and shall be
sold by the collector or deputy of the port where the same shall have been seissed, by
public auction, to the highest bidder.
XXIX. And be it further enacted by the authority aforesaid. That upon exhibiting or
filing of any information for the recovery of any penalty under the provisions of this act,
' it sliall be lawful for any one of the said commissioners, upon affidavit first filed with the
aaid clerk by the person exhibiting such information, that he is apprehensive the person
a^BSt whom such information shall be filed will leave this province without satisfying
tbe said penalty, to issue a warrant under his hand and seal, for the arrest and detention
of such person, until he shall have given 'Security for the payment of such penalty, in
case he shall be convicted; and that such penalties, when such security shall not be
required, may be recovered by distress and sale of the goods and chattels of any offender,
and in defiiult of such goods and chattels, it shall be lawful for the said commissioners to
commit the offender to the common gaol of the district where the offence shall be com*
mitted, for a period not longer than six months.
XXX. And be it further enacted by the authority aforesaid. That if any goods shall be
seized for non-payment of duties, or any other cause of forfeiture, and any dispute shall
arise, whether the duties have been paid for the same, or the same have been lawfully
imported, or concerning the place from whence such goods are brought, then, and in sudb
cases, the proof thereof shall lie on the owner or claimant of such goods, and not on the
officer or person who shall seize or stop such goods.
XXXI. And be it further enacted by the authority aforesaid, That if the importer or
owner of any goods imported as aforesaid, shall refuse to pay the duties imposed thereon
by law, it shall and may be lawful for the collector or his deputy, where such goods shall
be imported, and he is hereby required to take and secure the same, with the casks or
other packages thereof^ and to cause the same to be publicly sold within the space of
twenty days after such refusal made, and at such times and places as sudi officer shall
(having given s^ least four days^ public notice thereof) appoint ; which goods ehail be
sold to the highest ludder, and the money arising from such sale shall be applied to. the
payment of the legal duties, together with aU charges oceasiimed by soch sale, and the
overplus, (if any,) shall be paid to such importer or owner, by the officer who may cause
the same to be sold, on demand for that purpose made.
XXXII. And be it further enacted by the authority aforesaid. That all penalties and
forfeitures declared by this act shall be recovered, (except in cases hereinbefore pro-
vided,) in his Majesty's court of king's bench in this province, as penalties and forfeitures
arc heard and determined in his Majesty's court of exchequer in England ; and in all eases
of (brfeiture and condemnation of any goods, wares, or merchandize, vessel, boat, raft, or
carriage, horse, or horses, tackle, or furniture, by virtue of this act, after deducting the
charges of prosecution from the gross produce thereof, the remainder shall be divided as
follows : one half to his Majesty, and the other half to the person seizing the same ; and
in all eases of penalties recovered before any commissioners of customs, as hereinbefore
directed, after deducting the costs of prosecution, one half to be paid to the receiver
general of this province, and the other half to the person exhibiting such information.
XXXill. And be it further enacted by the authority aforesaid. That all monies directed
by this act to be paid to his Majesty, shall be accounted for through the commissioners
of his Majesty's treasury, for the time being, in such manner and form as his Mi^esty
shall direct.
XXXIV. And be it further enacted by the authority aforesaid, That each of the said
clerks shall report to the inspector general of this province, quarterly, within forty days
next after the periods following, that is to say ; between the first day of January and last
day of March, the first day of April and last day of June, the iirst day of July and last
day of September, and the first day of October and the last day of December, — a full and
correct statement of the proceedings of the commissioners, of whom he is clerk, com-
prising a schedule of the articles condemned, the value thereof, the name of the claimant.
Sale of goods eondeaiB-
ed under diis aet
Penons nuiy be beU
tobeilby eonmuMioa-
en,oii infofmedon for
poiakiee.
Onug probftiidi to lie on
How, if
refoM to pay datiee on
goods imported.
How penalties and for-
feitures to be reeorei^
edj
and disposed of.
Monies how to be ac-
eoonted for.
detksto eommissioiH
ers to report qnarteriy
to the inspector general
Digitized by
Google
6M
C. 13. — Fourth Year of Geosok IV. — ^1824.
[FOTTBTH SfiSBIOir,
Perishable tttidei/and
■ko e«tUe, hones, &c.
seized, vomj be sold be-
fore eondemnation or
trial.
Horses, eattle, or per-
ishable artieles seized,
may be delirered to
daimants, <» security
before trial, &c.
Collectors' fees.
No other or mater
to be allowed.
Oak's fees.
fee
This act not to affect
any existing eommis-
sion or proceedings.
Collectors not to retain
per centage on duties
paid on goods imported
by or for themselyes.
(if any,) the names of the persons against whom information shall be exhibited for
penalties, the amount of the penalties recovered, and the person at whose imtance sneb
jolbnnation shall have been filed.
XXXY. And be it further enacted by the authority aforesaid, That in case of the
seizure of any cattle, horse, or horses, or any perishable articles, it shall be lawful for
the collector, or deputy, or persod seizing the same, after legal appraisement thereof, to
sell the same, in the same manner as if they had beep condemned, and keep in his hands
the proceeds of such sale, till the said cattle, horse, or horses, or perishable articles, shall
be condemned, or ordered to be restored to the claimant ; and that in case judgment shall
be for the claimant, the court before whom such matters shall be heard, shall order tiie
collector or deputy collector making such seisnire, to pay over to the claimant the pro-
ceeds of such sale, in lieu of awarding restitution.
XXXVI. Provided always, and it is hereby further enacted by the authority afivresaid.
That it shall and may be lawful for any collector or deputy collector, and he is herd>y
required to deliver up to the claimant or claimants of any cattle, horse, or horses, or of
any perishable article or articles, seized as aforesaid, upon such claimant or claimants,
depositing in the hands of the collector of the port at which such seizure shall have been
made, the sum of money at which such seizure shall have been appraised in manner
hereinbefore enacted, at any time before the sale of such seizure, or upon giving security
to the satisfaction of such collector that the amount at which such seizure shall have been
appraised shall be paid to his Majesty, his heirs and successors, to and for the public uses
oi this province, within three months after judgment of condemnation shall have been
had thereon.
XXXVII. And be it further enacted by the authority aforesaid. That the collect<»«
and deputies of the said ports shall cause to be affixed and kept in some public and con-
spicuous place in their office, a table of the fees to be taken and received by the said
collectors and deputies ; which fees shall be as follows : for any permit to unload any
vessel, boat, or batteau, under five tons' burthen, one shilling and three pence ; for any
pernut to unload any vessel, boat, or batteau, of five tons, or upwards, and not exceeding
fifty tons, two shillings and six pence ; for any permit to unload any vessel, exceeding
fifty tons, ten shillings ; for any permit to unload any raft, one shilling and three pence ;
for any permit to unload any cart, sleigh, waggon, or other carriage, one shilling and three
pence ; for every certificate of goods, having paid duty, with a permit to remove the
same, two shillings and six pence ; for every clearance, when required, five shillings ;
for every bond for payment of duties, five shillings.
XXXVIII. And be it further enacted by the authority aforesaid. That no collector,
deputy collector, or clerk, shall receive any other or greater fee than is set down for him
in this act, for any business done by hini under the provisions thereof.
XXXIX. And be it further enacted by the authority aforesaid. That the said cletk
shall be entitled to receive the following fees : for every paper filed, sixpence ; for every
judgment recorded, five shillings ; to be paid by the collector, or person prosecuting; and
when the said judgment shall be for the claimant or defendant, upon the certificate of the
commissioners of the existence of probable grounds for exhibiting an information, the said
collector or deputy shall be authorized to retain the amount expended in such prosecution,
out of any monies which may come. into his hands as such collector : for every copy of
any paper, per folio of seventy-two words, (to be paid by the person requiring, or for
whose benefit the same shall be given,) six pence ; for every information by him drawn,
five shillings.
XL. And be it further enacted by the authority aforesaid. That nothing in this act con-
tained shall extend, or be construed to extend, to annul or make void any existing
conunission, issued under the authority of any law repealed by this act, nor to affect any
proceedings now pending under the provisions of any law repealed as aforesaid, but that
the same shall proceed and be determined in the same manner as if this act imd never
XLI. Provided always, and be it further enacted by the authority aforesaid, That
nothing in this act contained shall extend, or be construed to extend, to authorize any
collector to retain any per centage on duties payable on any goods, wares, or merchandize,
imported into this province from the United States of America, by or for any such col-
lector, either directly or indirectly.
Preamble.
Chapter XII.
An act to compensate the senncea of the commissioners of oAStoms.
[PftBsea January 19, 1824]
Whereas it is expedient to compensate the services of the commissioners of customs*,
appointed under the provisions of an act passed in the present session of jwrliameut.
Digitized by VnOOy IC
EiOBTK PABUAltfirT.]
C. 19, U.— FovRVH Ybah or Gboaob IV*— 1824.
S(»
eatiAedy ^' An act to repeal an aot paaeed in tbe forty-first year of his late Majesty's reign^
entitled, ^ Aft act for granting to las Majesty, his heirs wad suocessors, to and for the uses
of this provinee^ the Uke duties on goods and merchandize broi^ii into this province
&om the United States of Ameriea, as are now paid on goods and merchandize imported
from Great Britain and other places ;' " and also an act' passed in the forty-third yeu* of
his late Majesty's reign, entitled, ^^ An act to explain and amend an act passed in the forty^
first year of his Majesty's reign, entitled, ^ An act for granting to his Majesty, his heirs
and successors, to and for the uses of this province, the like duties on goods and merchan-
dize brought into this province from the tJnited States of America, as are now paid on
goods and merchandize imported from Great Britain and other places, and to ]M*ovide
more effectually for the collection and payment of duties on goods and merchandize coming
from the United States of America into this province,' and also to establish a fund for the
erection and repairing of lighthouses ;" and to make more effectual provision for the due col-
lection of duties on goods imported into this province ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and Qonsent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to
repeal certain parts of an act passed in the fourteenth year of his Msyesty's reign, entitled,
^ An act for making more effectual -provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That it shall and may be lawful for the collector of
any port of ^entry in this province to pay to the said commissioners of customs the sum of
ten shillings each, for every day which any such commissioners shall actually attend at
the place appointed for the discharge of the duties imposed upon them, pursuant to tbe
provisions of the said recited act : Provided always, That a statement of such attendance
shall be made upo9, and certified under, oath, once in three months, by the clerk of the
said commissioners.
II. And be it further enacted by the authority aforesaid, That such statement shall be
a sufficient voucher for the inspector general of this province to credit the collector paying
the amount thereof, with the sum so paid in his quarterly account with the said inspector
general.
Cbapter XIII.
An act to prohUni bafUts from carrying on bueinesa in ihia provinccj tfuat do not return
their nates in specie urithin the same.
[ExpxncD.]
Hie eoUeetoi' of any
port tliaU |i«7 to Um
commiuionen of ciU'
toms 10s. eaehy per
diem, for every day
they actually attend.
A atatement of inch at-
tendance^ certified on
oath, tiall be made
eveiy three mSnthc by
the clerk of laid com-
miiiionert.
Such statement a smf-
ficient Toacher for in-
spector eeneral to cre-
dit the ecoleetor in his
aoarterly account with
the amount so paid.
PreamUfl.
Ctaaiiter XIV.
An act to repeal an act passed in the forty-fourth year of his late Majesty^ s reigHj eniv
tied, ^^ An act to promulgate the provincial statutes^ and also to repeal so much of an
act passed in the forty-first year of the reign of his present Majesty ^ as relates to
printing the journals ;" and to provide more adequate remuneration for printing an-
nuaUy the statutes of this province.
[Passed January 19, 1824.] ^
Whereas the sum of eighty pounds, allowed for the annual printing of the laws of
this province, by a certain act of the parliament thereof, passed in the forty-fourth year
of his late Majesty's reign, entitled, " An act to promulgate the provincial statutes, and
also to repeal so much of an act passed in the forty-first year of the reign of his present
Majesty as relates to printing the journals," is inadequate, from the increase in the
annual number of laws, and of the copies thereof required to be printed since the passing
of the said act ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making mere
efiectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same, That from and aftqr the j;>assing of this act, the fourth clause of the said act 4th ehuse 44th Geo.
passed in the focty-iburth year of bis late Majesty's reign, shall be, and the same is, in,c6, r^wiw.
hereby repealed.
II. And be it further enacted by the authority aforesaid. That the person who shall be ^^Y*5^*f?P^*^4jjJ t
employed to print the laws of this province, passed in the present session of parliamentgj^™g^j ^ V^iJOQlC
366
C. 15, 16j— FoVRTH Ybar or Gborob IV.— 1884.
[Fovsm SMSKm,
seMMMi miyiMke Mt may make out an account against the govemment of this province for flie same, wlridi
^v^lfi^ntl^^wiiich account shall be paid, and the monies accounted for, in the same manner as other aoeounts
.... .,. ._j -. against the govemment for similar services ; and that afker the present year, the expense
of printing annually the statutes of this province shall be provided for in the same manner
as other contingent charges for the public servieet
shall be paid
counted tor in Uie Hune
manner aa other ae-
eonnti against gorem-
The printing of the sta-
tutes hereafter pro-
Tidedfor in the con-
tingent ehaiges of pub-
lic service.
Preamble.
Reciting 2d Geo. IV,
c 2» and 4U> Geo. IV,
cl.
2d Geo. IV, e 2, as a-
mended by 8d Geo.
IV, c 1, continued.
£1000 in addition
granted for the puiwv
ses of the ad Geo. rV,
c2.
Continuance of this act.
Commissioners 'may
cause a snnreT of the
Presque isle baibor
and bay of Quinty, and
estimates of the ■uin
necessary.
(See9thGeo.IV,cI4.)
Chapter XV.
An act to continue for a limited time an act passed in the second year of his Mcgestt/^s
reign, enlitledy ^^ An act to make provision for the improvement of the internal navi-
gation of this province^ as amended by an act passed in the third year of his Majesty^
reign, entitled, ^ An act to amend and extend the provisions of an act passed in the
second year of his Majesty^ s reign, entitled, ^ An act to make provision far the im-
provement of the internal navigation of this province, (except so m'och thereof as is
thereby repealed,) and to grant a further sum of money for such improvement.^ ' '*
[Passed Januaiy 19, 1824.]
Most gracious Sovereign :
Whereas an act of the parliament of this province was passed in the second year of
his Majesty's reign, entitled, ^^ An act to make provision for the improvement of the in-
ternal navigation of this province,'' which act was amended by an act passed in the fourth
year of his Majesty's reign, entitled, ^^ An act to amend and extend the provisions of an
act passed in the second year of his Majesty's reign, entitled, ^ An act to make provision
for the improvement of the internal navigation of this province ;'" and whereas it is ex-
pedient to continue for a limited time the said first recited act, as amended by the said
second recited act, excepting as is hereinafter provided for, and also to make further pro-
vision for the improvement of the internal navigation of this province ; we, your Majesty's
dutiful and loyal subjects, the commons of Upper Canada, in provincial parliament
assembled, beseech your Majesty that it may be enacted, and be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britam, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the govemment of the province
of Quebec, in North America, and to make further provision for the govemment of the
said province,' " and by the authority of the same. That the said m-st recited act, as
amended, excepting so much thereof as relates to the sum of two thousand pounds thereby
granted for the purposes thereof, be, and the same is, hereby continued.
IL And be it further enacted by the authority aforesaid. That there be granted to his
Majesty the sum of one thousand pounds, to be appropriated, applied, paid, and accounted
for, in such manner and form as is provided for in the said first recited act.
III. And be it further enacted by the authority aforesaid. That this act shall continue
and be in force for two years, and no longer.
IV. And be it further enacted by the authority aforesaid, That the said commisdooers
shall have power to cause a survey to be made by competent persons of the isthmus be-
tween the Presque isle harbor, in the Newcastle district, and the head of the bay of Quinty,
and estimates to be prepared of the sum necessary to connect the same by a navigable
canal.
Preamble.
Reeiting 4th Geo. IV,
c 8>
Chapter XVI.
An act to amend and extend the provisions of an act passed at the last session of par-
liament, entitled, ^^ An act to provide for constructing a navigable canal bkween
Burlington bay and lake OntarioJ*^
[Passed January 19, 18S4.]
Whereas an act was passed at the last session of this present parliament, entitled, '^ An
act to provide for making a navigable canal between Burlington bay and lake Ontario,"
and providing for a loan of five thousand pounds, province currency, to cany the same
into effect, redeemable in sixteen years, by means of atoll to be thereon established; and
whereas it is found firom the experience of the past season, that the produce of the said
toll will greatly exceed the sum estimated, and enable the commissioners to be appointed
by virtue of the said act, to construct the same on a more extensive scale, and ako to re*
duce the rate of toll established by the said act ; be it therefore enacted by the King's
EioaTH P^uiMiBiiT.] C. 1& — Fourth Ysar or Osomgs IV. — 1884.
ttost exoeUent Majesty^by and with tb^ advice and consent of the legislative council
tsad aaaembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
set to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That for the purpose of making a
canal, on a more extensive scale between Burlington bay and lake Ontario, than that pro-
posed by the above recited act, it shall and may be lawful for the governor, lieutenant
governor, or person administering the government of this province, so soon after the
passing of this act as he may deem expedient, to authorize and direct his Majesty's re-
ceiver general of this province to raise by loan the further sum of three thousand pounds',
province currency, in addition to the sum of five thousand pounds, authorized to be
borrowed by the s^d act, and to grant debentures for the same, in the same manner, and
on the same terms, regulations, and conditions, and to be redeemed in the same time as
in the said act is directed for the redemption of the said sum of five thousand pounds, the
said additional sum of three thousand pounds to be issued on the warrant of the governor,
lieutenant governor, or person administering the government of this province, in favor of
the commissioners to be appointed by virtue of the first recited act, to be by them applied
in causing the said canal to be constructed upon a more extensive scale than is therein
directed, at the discretion of the said commissioners, and to be accounted for through the
lords commissioners of his Majesty's treasury, in the same mariner as is directed by said
act.
II. [Repealed. See 11th Geo. IV, c 12.]
367^
III. And be it further enacted by the authority aforesaid, That the commissioners so
to be appointed shall have fiill power and authority to make such rules and regulations
as to them may seem meet, regulating the passing of vessels, boats, rafts, and craft, into
and through the said canal, and to alter and amend the same from time to time as they
may deem proper ; and also regulating the discharging of ballast, as well within Burlington
bay as in lake Ontario, adjacent thereto, a copy of which regulations the said commis-
sioners shall cause to be stuck up in not less than three public places adjacent to Burlington
bay ; and should any person or persons, masters of vesseb, or others, evade or infringe
such rules or regulations, they and each of them shall, on conviction thereof, upon the
oath lof one or more credible witness or witnesses, before one or more justice or justices of
the peace, pay a fine not exceeding the sum of five pounds for each offence, and in default
of payment thereof, shall be confined in the common gaol of the district for the period of
twenty days, unless the said fine and reasonable costs, to be fixed by the said justice or
justices, thereon accruing, §re sooner paid ; the said fine so to be levied, to be transmitted
bj the justice or justices imposing the same, to his Majesty's receiver general of this
province once in every six months, to be by him applied to the general purposes of this
province, and accounted for to his Majesty, through the lords commissioners of his trea-
sury, for the time being, in such manner and form as his Majesty may be pleased to direct.
IV. And be it further enacted by the authority aforesaid. That if at any time after the
passing of this act, his Majesty's government should think fit to aid in making the said
canal, upon a scale to admit vessels of war, it shall be the duty of the commissioners to be
appointed by virtue of the before recited act, to cause the same to be constructed on an
enlarged scale, equal to the sum which may be so provided ; the same to be contracted
for in the same manner and conditions as is directed by the said act.
V. And be it further enacted by the authority aforesaid, That nothing in this act, or in
the before recited act contained, shall extend, or be construed to extend, to authorize the
levying any toll or dues upon any vessel, boat, or other craft, or property belonging to
liis Majesty, his heirs and successors, passing through or into the said canal.
VI. And be it further enacted by the authority aforesaid, That so much of the ninth
section of the said act passed in the fourth year of his present Majesty's reign, as respects
the dimensions of the proposed canal, shall be, and the same is, hereby repealed ; and
that the said proposed canal shall not contain less than twelve feet depth of water, nor
be less than seventy-two feet in width at the top : Provided nevertheless, That the s ' *
Recerrer general to
raiM a loan of £8,000
in addition to the
£6,000 authorised by
4th Geo. IV, c 8, ander '
the aame rcfulaUoiM.
Ooreniorto issoe his
warrant in fivor of the
appointed under said
act.
flow Applied, and ac-
counted for.
Such commissioners to
have power to lower
the rate of toll.
Such abatement not to
leave a less sura than
will p«7 the interest of
the sum borrowed, and
redeem the principal
within sixteen years.
Commissioners '
hare full power to
make regulations from
time to time as they
see fit.
Copy of such regula-
tions to be affixed in not
less than three public
places near Burlington
Persons infringing
them (on the oath of
witness) convicted be«
fore a justice, to pav a
fine not exceeding £6;
or in defanlt, to dkb im-
prisoned twenty days,
unless the fine and
costs be paid.
Such fines to be trans-
mitted to the receiver
general every six
How applied, and ac-
counted for.
Should his Majesty's
government think pro-
per to enlarge the canal
so as to admit vessels
of war, the commis-
sioners to cause the
same to be enlaigedin
proportion to the sum
provided to be con-
tracted for, according
to4thGeo.IV,c8.
No boat, &c. belongi ng
to his Majesty pasi '
through canal to ;
toU.
pay
9th sec. 4th Geo. IV,
e 8,as respects dimen-
sions of proposed ca-
nal, repealed.
Canal not to be less T
908
C. 17.— POTTRTH YlSAR Of OlBOROS IV.— 1824.
(FMiHnK Snmmi,
feet
CottmiuioBcn not to
•xeeed the aain of
(8ee7thG«o.IV,c81.)
eommidsioners so to be appointed shall not contract for toy part of tkei sud wotk^ unless
the whole is contracted for, to be done on the scale herein mentioned, for the said sum ef
eight thousand pounds.
(SeeSthGeo. iy,c2.)
(Alteii^d and amended.
See7tliOi»o,iy,cl9.)
PratmUle,
Petition of certain per-
•ont to be incorpora-
ted.
laeoffporatloB of a com-
naaT, to be called the
Welim4eaiial tomj^
ny.
Oirecton of said com-
pfoiy empowered to
B|^cy the eonntry ber
Hfeen riycr WeUand
god lake Ontario, and
f fid river and the Ouse.
To have and hold the
line, 4cc. of two inten-
ded eanajv wid^ the ne-
eeaaary loelu, ^e.
(As to mill sites, see
7t]|GM,iy,el9.)
On eonyenient sites to
erect mills, &o. as may
be required, and to pvp>
chase the same for the
use of the comptmy.
No person compelled
by this act to seU snch
site, &c.
The owner of mills
nsinc any additional
supply of water by
means of sach canal, to
pay a reasonable com-
pensation.
Gk>mpany to supply the
canal with water from
springs, &c. found in
making same within
one uonsand yards
therefrom, exeept as
bpforeand after men-
Empowered t<
one or more reservoirs
and feeders, and to sup-
ply canal with w«ter.'^
Chapter XVII.
An act to incorporate certain persons therein mentioned under the style and titk of
" The Wetland Canal Company.'^
[Passed January 19^ tSSi.]
Whereas George Keefer, Thomas Merritt, George Adams, William Chisholm, Joseph
Smith, Paul Shipman, John Decow, William Hamilton Merritt, and others, have peti-
tioned to be incorporated for the purposes of this act ; be it therefore enacted by the
King*s most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, " An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, * An act for making more efifectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same, That the said George Keefer, Thomas
Merritt, George Adams, William Chisholm, Joseph Smith, Paul Shipman, John Decow,
and William Hamilton Mcfritt, or either of them, together with all such persons as shall
become stockholders of the company hereinafter mentioned, shall be, and are hereby
ordained, constituted, and declared to be, a body corporate and politic, in fact, and by the
name of " The Welland Canal Company ;" and by that name they and their successors
shall and may have continued succession, and by such name ^all be capable of con-
tracting and being contracted with, of suing and being sued, pleading and being impleaded,
answering and being answered unto, in all courts and places whatsoever, in all manner of
actions, suits, complaints, matters and causes whatsoever ; and that they and their suc-
cessors may and shall have a common seal, and may change and alter the same at fheir
will and pleasure ; and also that they and their successors, by the same name of "The
Welland Canal Company," shall be in law capable of purchasing, having, and holding, to
them and their successors, any estate, real, personal, or mixed, to and for the use of the said
company, and of letting, conveying, or otherwise departing therewith, for the benefit and
on account of the said company, from time to time, as they shall deem necessary or
expedient.
II. And be it further enacted by the authority aforesaid. That the directors of the
Welland canal company shall have full power and authority to explore the country lying
between the river Welland, in the district of Niagara, and lake Ontario, and between the
said river Welland and the Grand river, or Ouse, in the said district, and to designate and
establish, and for the said company to take, appropriate, have and hold, to and for the
use of them and their successors, the line and boundaries of two intended canals, with
their necessary locks, towing paths, basons, and railways, the one to connect the river
Welland with lake Ontario, and the other to connect the river Welland with the said
Grand river, as near the mouth as practicable, and also to select such convenient sites
for such and so many mills, manufactories, warehouses, and other erections, as may be
required by the said company for the purposes thereof, and to purchase the same to and
for the use of the ssQ'd company : Provided always. That nothing hereinbefore contained
shall extend, or be construed to extend, to compel the owner or owners of any mill seat to
sell, convey, or otherwise depart with, the same to the said company : Provided also,
That the owner or owners of any mill seat or mill seats, using any additional supply of
water brought thereto by the said canal, shall pay a reasonable compensation therefor to
the said company, to be determined as hereinafter provided for determining any damage
done to property by the said company.
III. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the said company, and they are hereby authorized and empowered, from and after the
passing of this act, to supply the said canal, whilst making and when made, with water
from all such brooks, springs, streams, water courses, hollows, or other repositories of
water, as shall be found in making the said canal, or within the distance of one thousand
yards, (except as hereinbefore or hereinafter mentioned,) from any part of the said canal,
or from any reservoir or reservoirs to be made for supplying the said canal with water ;
and the said company are hereby also authorized and empowered, by themselves and their
deputies, agents, servants, ahd workmen, to make one or more reservoir or reservoirs, and
such or so many feeders, tunnels, and aqueducts, for supplying the said reservoirs and
canal with water, and conveying water from any such reservou- or reservoirs to the said
canal, as to them shall seem necessary and proper, (excepting as hereinafter or above
BtOtfTA PirHLrAfiOBNT.]
C. l7.--A>«ftVH Ymau op OaoKOB IV.--^1824.
Miekpntiw
and
And vneh matten-y ito.
w ue neoetMuy for
making, &€. eaeA osfi*
ntion.
laaj bore, dig, &c.
can^ awa^, and laj^
Mas ^«Ct <W >s^^ ca-
nal, or lands acyoinbigy
biidge8>tunneU, &c.
May from time to tim«
alter, repair, &c. if n»>
eeasaiy.
May place, work, it^
matcnala on groimdt
adjoining.
May repair and
fences.
mention^ ;) and for Ae purpM^ afoi'estdd, the said em&pany a&d tiieir ageate, servants, f^r^oJkSlS^cS
and workmen, are hereby authoriMed and empowered to enter mto and upoiv the lands and MajMty^ ottar per*
grounds of, or belonging to, the King's Majesty, his heirs or sueeessors, or to any other ^^^fofJTwid"!! JJT'
person or persons, bodies politic or corporate, (exceptingasis herBinbefore prorided,) and ' '
to surrey and take levels of the same, or any part thereof, and to set out and asc^tain
such parts thereof as they shall think necessary and proper for making the said canal, and
any such reservoir or reservoirs, feeders, tunnels, and aqueducts, and all such other matters
and conveniences as they shall think properand necessary for making, effecting, preserving,
improving, completing, and using in the said intended navigation ; and also to bore, dig,
cut, trench, remove, take, carry away, and lay, earth, soil, clay, stone, rubbish, trees, roots ^^•Egf/^y'i
of trees, beds of gravel or sand, or any other matter or things which may be dug or got ?c. fGr^maki^*"^^
in the making of the said canal, or in making of any reservoir or reservoirs, feeders or **°^»^ J^* ^ 2?
aqueducts, or out of any landa or grounds of any person or persons adjoining or laying ^o^. * J^^^**
contiguous thereto, and which may be. proper, requisite, or convenient for carrying on,
continuing, or repairing the said canal, or other the said works, or which may hinder, pre-
vent, or Obstruct the making, using, completing, or maintaining the same ; and also to
najike, boOd, erect, and set up in and up<m the said canal, or upon the lands adjoining or
near to the same, such and so many bridges, tunneb, aqueducts, sluices, locks, wears, pens
for water, tanks, reservoirs, drains, wharves, quays, lamling places, and other works, ways,
roads, and conveniences, as the said company shall think requisite and convenient for the
purposes of the said navigation ; and also from time to time to alter, repair, amend, widen, or
^alarge the same, or any other of the conveniences above mentioned, as well fiMr carrying
or conveying goods, commodities, timber, and other things, to and from the said canal, as for
the carrying or conveying of all manner of materials necessary for making, erecting, fur-
nishing, Storing, repairing, amending, widening, or enlarging the works of, and belonging
to, the said navigation ; and also place, lay, work, uid manufacture the said materials on
the grounds near to the place or places where the said works, or any of them, are or shall
be intended to be made, erected, repaired, or done, and to build and construct the several
locks, bridges, works, and erections belonging thereto ; and also to make, maintain, repair,
and alter any fences or passages over, under, or through the said canal, or the reservoirs
and tunnels, aqueducts, passages, gutters, water courses and sluices respectively, which
shall conuAunicate therewith ; and also to make, set up, and appoint drawing boats, barges,. May make and appoint
vessels, or rafts, passing in, through, along, or upon the said canals, as they, the said com- anJ^emli^*' ^' ^'^
pany, shall think convenient ; and to construct, erect, and keep in repair, any piers, arches, May ooMCrMt and
or other works, in, upcm, and across any rivers or brooks, for making, using, maintaining, an^eiC &c?'o&^'^j
and repairing the said canal, and the towing paths on the sides thereof; and also to con- ^^» ^trsi^canS
struct, make, and do all other matters and things which they shall think necessary and a^ 'tiding paUu, and
convenient for the making, efiecting, preserving, improving, completing, and using the
said canal, in pursuance, and within the true meaning of this act ; they, toe said commis-
sioners, doing as little damage^as may be in the execution of the several powers to them
hereby granted, and making satisfaction, in manner hereinafter mentioned, for all damages
to be sustained by the owner or occupiers of such lands, tenements, or hereditaments:
Provided, That nothing in this act contained shall extend, or be construed to extend, to
authorize the said company to divert or take away for the use of the said canal, the water
of any stream or river, so as to injure any mills within the limits of the said intended canal,
without the consent of the owner or owners thereof.
IV. And be it further enacted by the authority aforesaid, That should the owner or
owners, occupier or occupiers, of any mill seats on the line of the said canal, or within
five hundred yards thereof, consider the same in any manner injured, dr the value thereof JjJJ-]^ ^'s^^Hi^
in any way depreciated, from the erection of rival establishments, or from any other cause jaredorTaLaediminisk*
growing out of the cutting and making the said canal, and for the compensation of which ^^^^*i^i*rf
no provision is made in this act, it shall and may be lawful for the said company, and they the canal, the oomray
are hereby required to purchase the same at a fair valuation, founded on an average of SelMKBi aS*a?ai7 **
former years, to be ascertained by arbitrators, as hereinafter provided, to ascertain the
value of lands and tenements to be purchased, or the amount of damages in any ease sus-
tained : Provided always. That nothing herein contained shall extend, or be construed to
extend, to compel the said owner or owners, occupier or occupiers of any such mill seats,
to sell, convey, or otherwise dispose of the same to the said company.
y . And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the said company, in constructing and making the said canal from lake Ontario to the
river Welland, and from the said Grand river to the river Welland, to take and appropriate
for the use of the said canal as much water as they may find necessary, from out of the
Niagara river, thelsaid Grand river, and river Welland ; and it shall be lawful for the said
company to erect at the mouth of the river Welland a pier, and at the points of departure
of the said canal from the said Grand river and from the river Welland, and at the ^ace of
other matters ' and
things neeessai^ and
conTenient for the poi^
Kses of this act
»ing as little damage
as possible, andnnakinc
satisfaction as hereina^
termcntioMd.
Not to take away any.
water belonging to any
mills, without the con-
sent of owner« &c.
Should owners of mill
scats on the Ibe of the
canal, or within five
ation, to be ascertahMd
by arbitmtors, as here-
inafter provided,
niiis not to compel anr
person to sell such miU
seat.
Company in making
such canal, may take as
mnch water as they
think necessary from
Nianira, Grand, and
w eUand rirers.
May erect a pier at the
mouth of the rirer Wel-
land and other places,
and as many wnanres,
quays, &c. as nay be
oi me saiu caiim irom me saiu vrranu river ana irom me river yv eiiana, ana ai \no piacts oi quays, &c. as nay be T
its termination at lake Ontario, such and so many wharves, quays, piers, forebays, lockg^gjtjzed'by VniJOQlC
svo
_iiiiiinij^rti — r""
{„^ aIs
No' 10611 ereetioni to
obttnieC the iuiTig»tioii,
oCe.
Not to pnjadice my
ettablulunoiit of the
imd iMiTy» or other
mibtie depeitmeots,ete.
Power of obtuning
Imd for neh piu^ofef»
vemed by proTuioiii
C. ir— Fovaera Ysab or Gbobob IV.— 16S4.
[FouBTH Smmov,
aorem
herein
After ground eteertatn-
ed to be neceiserr for
making the canal, all
bodies, corporations,
goardiant, tni8tee8,ete.
not only for thenueWes
hein, etc. bat also for
those whom they repre-
aent, whether infiuta,
ete. femmea eorerts,
Idiota, ete. interested
in ittch ianda may sell
the same, and aU such
aales shall be valid: »-
mount to be ascertained
M hereinafter
Thedlnetort may eon-
tmetwith the owners
of land throaghwhieh
the canal shalTpass, for
the absohite purchase
of ao nmeh as they re-
4|oiN;
or fordamages occasion-
ed by said eanal, etc.
In caae of disagreement
each party to nominate
arbitrators, tocether
with one ckoaen by bal-
lot by said arbitrators,
the mi^rity of whom
shall award the sum to
be paid, by the compa-
ny.
(Power of the arbitr»-
tons eacUnded. See 7th
Geo.IV,el9,s4and6.)
Afbitrators to attend
within eig^t days after
notice, at a place i^
pointed bythe directors,
there to decide.
Arbitrators to be sworn
by a jnsttoe of the
peace to aasess the da-
mages well and truly.
No arbitrator compel-
led to attend, if not re-
aiding within fifty
miles of the place of
meeting.
Such award may beset
aside bythe court of
king's bench the same
as ordinary submission.
Reference again to arw
bitrators.
Property of the Indiana
to be ascertained the
as other indiYidu-
Arbitmtor on their
part to be named by the
chief officer of their de-
partment, to whom the
sum awanled shaJl be
and other ei«ctioius m maybe neceasar j for the use of the said coBqiaiiy,aiidtkepiupoaes
(^ transport on the said canal : Provided alwajs, That no such erection, work, or device
of the said company, shall obstruct the navigation of the said river Welland, or the said
Grand river, or in any manner prejudice any establishment, work, or depot, of or for the use
of the royal navy, or other department of the public service, now formed and situate at or
near the mouth of the Grand river or river Welland, or upon the banks thereof^ or be
placed on any ground more than one hundred yards distant from such points of departure
and termination, as aforesaid, and that the powers of obtaining any land for that purpose
shall be governed by the provisions herein contained.
VL And be it further enacted by the authority aforesaid. That after any lands or grounds
shall be set out and ascertained to be necessazy for making and completing the saU canal^
and other purposes and conveniences hereinbefore mentioned, it shall ana may be lawful
for all bodies politic, communities, corporations, aggregate or sole guardians, and all other
trustees whomsoever^ not only for and on behalf ofthemselves, their heirs and successors,
but ako for and in behalf of those whom they represent, whether infants, lunatics, idiots,
femmes coverts, or other person or persons, who are or shall be possessed of or mterested
in any lands or grounds which shall be set out and ascertained as aforesaid, to contract for,
sell, and convey unto the said comp!any all or any part of such lands or grounds, which
shall from time to time be set out and ascertained as aforesaid ; and that all such contracts,
agreements, and sales, shall be valid and effectual in law, to all intents and purposes what-
soever, any law, statute, or usage to the contrary thereof in any wise notwithstanding;
and the amount thereof shall be established in the manner hereinafter mentioned^ (or the
determination of the value of lands or other tenements to be purchased by th^ said oom-
pany, and of the amount of damages committed thereby,
VII. And be it further enacted by the authority aforesaid. That the directors d the said
company shall be, and the same are hereby empowered, to contract, compound, comjKx>>
mise, and agree, with the owners and occupiers of any land throudi or upon which they
may determine to cut and construct the said intended canal, with aU necessary and coave-
nient locks, towing-paths, rail-ways, and other erections and constructions contemplated
by this act, to be cut, erected, constructed, and built, either for the absolute purchase of so
much of the said land as they shall require for the purposes o/ the said company, or for
the damages which he, she, or they shall and may be entitled to recover from (he said
company, in consequence of the said intended canal, locks, towing-paths, rail-ways, and
other constructions and erections being cut and constructed in and upon his, her, or their
respective lands ; and in case of any disagreement between the said directors and the
owner or owners, occupier or occupiers, aforesaid, it shall and may be lawful from time
to time, as often as the said directors shall think fit, for each owner or occupier so dis-
agreeing with the said directors, either upon the value of the lands and tenements proposed
to be purchased, or upon the amount of damages to be paid to them, as aforesaid, to
nominate and appoint one indifferent person, and for the said directors to nominate and
appoint an equal number of indifferent persons, who, together with one other person, to
be elected by ballot by the said persons so named, shsdl be arbitrators to award, determine,
adjudge, and order the respective sums of money which the said company shall pay to the
respective persons entitled to receive the same, the award of a majority of whom shall
be final ; and the said arbitrators shall, and they are hereby required tp attend at some
convenient place in the vicinity of the route of the said intended canal, to be appointed
by the said directors, within eight days after notice be given them by the said directors
for that purpose, then and there to arbitrate, award, adjudge, and determine such matters
and things as shall be submitted to their consideration by the parties interested ; and that
each arbitrator shall be sworn before some one of his Majesty's justices of the peace in
and for the said district, any of whom may be required to attend the said meeting for that
purpose, well and truly to assess the damages between the parties, according to the best of
his judgment : Provided always. That no arbitrator shall be compellable to attend any
such meeting of the arbitrators aforesaid, who shall usually reside more than fifty miles
from the place of meeting.
YIII. And be it further enacted by the authority aforesaid, That any award made under
this act shall be subject to be set aside, on application to the court of king's bench, in the
same manner, and on the same grounds, as in ordinary cases of submission by the parties,
in which case a reference may be again made to arbitrators, as hereinbefore provided.
IX. Provided always, and be it further enacted by the authority aforesaid. That if any
part of the said canal shall pass through any tract of land in the possession of any tribe or
tribes of Indians in this province, or if any act occasioning damage to their property or
their possessions shall be done under the authority of this act, compensation shall be inade
to them therefor, in the same manner as is provided with respect to the property, posses-
sions, or rights of other individuals ; and that in any arbitration required for settling the
amount of such compensation, the chief officer of the Indian <^gI^>lfj^^^^\if)49^^PI^^^^
£fGBnPR PASI.IAMBNT.]
C. 17.— FovBTH Yka* ov Gbobos IV,— 1884.
8TI
is hereby aothorized and required to name an ari>itrator on the behalf of the said Indiana,
and the amount which shall be awarded in any such case shall be paid to ttie said chief
officer of the Indian department, to the use of tiie said Indians.
X. And be it further enacted by the authority aforesaid, That when and so often as it ir h be neceisary to
shall be necessary to cut into any highway, in order to conduct the said canal through the *"* '"*" "** *■*•'
same, the said c<mipany of proprietors shall, within one month, cause to be constructed a
aecure, suflhsient, and commodious bridge, fcH* the passing of carriages, in order to re*
estabiirii the communicatien between the several parts of such highways, under the penalty
of five pounds currency for each and every day after the expiration of the said time, which
die said company shall neglect to construct such secure, sufficient, and commodious bridge,
as aforesaid.
If H be neceisary to
eat into any hi^hwayy
company within one
month Shan bnild a
hridee, nnder the penal-
ty of £5 per day.
XI. [Repealed by 7th Geo. IV, c 19, s 7.]
Xfl. And be it farther enacted by the authmty aforesaid. That if any person or persons
shall wilfully, maliciously, or to the prejiKlice of the said company, break, throw down,
damage, or destroy any bank, lock, gate, sluice, or any works, machine, or device, to be
erected or made, by virtue of this act, or do any other wilful act, hurt, or mischief, to
disturb, binder, or prevent the carrying into execution, or completing, supporting, or main*
taining the said canal, every such person or persons so offending, shall forfeit and pay to
the said company the value of the damage, |Mroved by the oath of two or more credible
witnesses, to have been done ; such damages, together with costs of suit in that behalf
incurred, to be recovered by action in any court of law in this province, having jurisdic^
tion competent to the same ; or in case of default of payment, such offender or offenders
may be committed to the common gaol for any time, not exceeding three months, at the
discretion of the court before which such offender shall be convicted.
XIII. And be it further enacted by the authority aforesaid. That if any person shall
float any timber upon the said canal, or shall suffer the loading of any boat, or vessel, or
raft, navigating in or upon the said canal, so as by such over loading, to obstruct the pas-
sage of any other boat, vessel, or raft, ami shall not immediately, upon due notice given to
the owner, or person having the care of such boat, vessel, or raft, so obstructing the pas-
sage aforesaid, remove the same, so as to make a free passage for the other boats, vessels,
OT rafts, every such owner or person floating such timber, or having the care of such boat,
vessel, or raft, so obstructing the passage, as aforesaid, shall forfeit and pay for every such
oflenee, the sum of five pounds currency ; and if any person shall throw any ballast, gravel,
stones, or rubbish, into any part of the said canal, every such person shall for every such
offence forfeit a sum not exceeding five pounds currency ; which said respective forfeit-
ures shall be paid to the company, to be by them applied for the purposes of the said navi-
gation.
XIV. And be it further enacted by the authority aforesaid. That if any boat, vessel, or
raft, shadl be placed in any part of the said canal so as to obstruct the navigation thereof,
and the pterson having the care of such boat, vessel, or raft, shall not immediately, upon
the request of any of the servants of the said company, made for that purpose, remove the
same, he shall for every such offence forfeit a penalty of ten shillings of lawfiil money of
Upper Canada, for every hour such obstruction shall continue ; and it shall be lawful for
the agents or servants of the said company to cause any such boat, vessel, or raft, to b^
unloaded, if necessary, and to be removed in such manner as shall be proper for prevent*
ing such obstruction in the navigation, and to seize and detain such boat, vessel, or raft,
and the loading thereof, or any part of such loading, until the charges occasioned by such
unloading and removal are paid ; and if any boat or vessel shall be sunk in the said canal,
and the owner or owners, or the person or persons having the care of such boat or vessel,
shall not, without loss of time, weigh or draw up the same, it shall he lawful for the agents
or servants of the said company to cause such boat or vessel to be weighed or drawn up,
and to obtain and keep the same until payment be made of all expenses necessarily occa-
sioned thereby.
XV. Provided always, and be it farther enacted by the authority aforesaid. That it
shall and may be lawful to and for the owners and occupiers of any lands adjoining to the
said canal to use any pleasure boats or any boats upon the said canal, for the purpose of
husbandry, or for conveying cattle from one farm, or part of a farm or lands, to any other
farm or lands of the same owner or occupier, (not passing through any lock without the
consent of the said company, their successors, or their principal agent for the time being,)
without interruption from the said company, or their successors, and without paying any
rate or duty for the same, so as the same be not made use of for the carriage of any goods,
wares, or merchandize, to market, or for sale, or for any person or persons for hire, and
Any proprietor of land
may (at nit own cott)
erect liridges to conneet
' hif property .separated ;
bat not to obatruct the
nayigation more than
the other bridges.
Any person def troying
any work erecting by
this act, ahaU pay Uie
damages and eosts^ to
be recorered by action,
or committed to the
gaol for a time not ex-
ceeding three months .
Every person obstmet-
ing the canal with boat*
timber, &c. and upon
due notice not lemoy-
ing Uie same, shall for-
fettXS.
Persons throwing gra-
vel, ftc. in the canal,
shall forfeit not more
than £5.
Sach forfeitures, how
applied.
Persons placing any
Tessel, ftc. so as to ob-
atfnet the navigation,
and not removii^ the
same at request, shaU
pay 10s. for every Iumw.
Company may cause
such Doat, &c. to be un-
loaded and removed;
and may detain the
same until all chai|[;es
are paid.
If any boat, &c. is sank
in canal, and the owner
not drawing up the
same, the company,&c.
may do it, and detain
the same until all ex-
penses are paid.
Owners of land adjoin-
ing may use pleasure
boats, or boats for con-
veying cattle from one
fence to the other,
without the interrup-
tion of the company,
ftc. without paving
ton. (not passing tnro*
a lock without con-
sent.)
But not for the carriage T
ofgoods^ &c. to mar^Ql^
kel^ or iorthepuiposea X l^^-
STjl
C. 17^^^<iUBTH YiULB OF OsoTOfi iy.-^1824.
[Fovwfm Sbbsioit,
of gain; and not to ob-
struct tlie nayigation.
If the wean, flood-
^e«, etc. give way,
ooDi|MU7» or their ser-
Taats, eie. may enter
vpon any land and dig
and take «tone, g^veL
etc. for the purpose ot
repairing the same, do-
ing as httle damage as
possible, and making
reparation within six
months, as before men-
tioned.
Directors, &c. may cut
fcpaces for boats to tarn
and lie in, in adjoining
Boats meeting shall go
back and lie in Bvlek
spaces, as the majority
of directors under their
hands shall direct.
President, &c. may re-
gulate the toll.
ShlA jf xaqnired exhi-
bit to the leffislature the
amount culected and
expended; and of goods,
&e. tran^rted.
After five years :firom
commencement of na-
i^tiom the legisla-
tiive,lf they deem the
teUstoohigh, may !»•
dsoe them«t>a rate not
Um» than tweut r per
ecat. on capital ex-
pended.
Sneh canal from lake
Ontario to the rirer
WeHand, (as snrreyed
by Mr. H. Tibbct,) to
be completed in fire
▼ears; and from Wel-
land to ijrrand rirer in
seven years; so as to
be*av%abie for boats,
wider foiliBitura of
charter.
lfthe««ttotbe rifsar
WeUand is finished in
five 7e«rs, they shal
be entitled to the privi-
leges of this aet, as far
as relates to the same.
After uxy part of the
canal is finished, the
company at a general
meeting to fix the rate
oftonT
Directors may alter the
same after three
months* notice,
dchednle to be ai&xed
in public places.
shftll not obstnict or pn^udke the ottvigatioii of the «id anleDded cMiai, or the toimp
paths tfaereol
XVI. And whereas it may hereafter happen from floods, or from some unexpected
accident, that wears, flood*gates, dams, banks, reservoirs, trenches, or other works of the
said narigatioa, may be damaged or destroyed, and the adjacent hiiids, or the property
thereon, thereby damaged, and that it may be necessary that the same riioifld beammedi-
alely repaired or rebuilt, to fH^irent further damages, be it dieiefore further enacted by
the authority aforesaid, That when and so often as any such case may happen, it shidtt be
lawful for the said company, from time to time,, oc fiir their or aiuf of their servaate, agents,
or woikmen, without any deiay or inteiruption from any pemen cr persona ^vriwiDiaoever^
to enter into any lands, grounds, or hereditaments adjoining or near to the said jntaided
canal, or branches, reservoirs, or trenches, or any of them, (not being an ofchard, guden,
or yard,) and to dig for, work, get, and carry away and tise all such stones, gravel, and
other materials, as may be necessary or proper for tiie purposes aforesaid, widiout any
previous treaty whatsoever with the owner or owners, occupier or occupiers of, or other
person or persons interested in, such lands, grounds, or hereditaments, or any of them,
doing as little damage thereby as the natwe «f 4he case will sdhoit .of, and malung reeam-
pense for such damages to the owners and occupiers of, or other persons intarested ia,
such lands, grounds, property, or hereditaments, within the space ti six cidendar noakhs
next after the same shall have been demanded, for all damages which ahall or may be done
by means of such accident, and means of the digging for, getting, working, tsdciBg, cany«*
ing away, and using such stones, gravel, and materials, ca: 9Bj of them ; wfaach damages,
and the satisfaction and moompeiiise in respect thereof, shall be settled, adjusted, asbcr*
tained, and determmed, by the ways and means hereinbefore described, with xespeet ta
other damages done by the making and completing the said navigation.
XVII. And be it further enacted by the authority aforesaid, Hiat the said conpaay
shall and may, in such parts of the said canal as shall not be of sufficient inBadth for ad-
mitting a boat, vessel, or raft, to turn about, or lie, or for two boaits, or other veaseis or
rafts to pass each other, to open or cut proper spaces or places in the lands ai^oinjng to
the said -canal, at convenient distances ftom each other, for die turning, lying, and paaamg
of any such boat, vessel, or raft, and tiiat the said boats, vessels, and raAs, faeing hauied
Qt navigated upon the said canal, shaU, upon meeting any other boat or vessel, stop at, or
S\ back to, and lie in the said places or spaces, in swsh manner as the ^aid directors, or
e major part of them, under their hands dball direct and appoint.
XVIU. And be it further enacted by the authority aforesaid, That it ^ahall and may be
lawful for the president and directors of the said company to r^ukte from time to time,
and estaUiA dbe rates of toll, payaUe by persons nav^ating upooi the smd canal ; and the
said company shdl annually, if required, exhibit an account to either branch of ^e legb-
lature, of tihe tolls collected upon the said canal, and of the suau expended in keepii^
the same in repair, and also of the goods, wares, and merehandize, transported in ^and
along the same : Provided always, That if at any time after the expiration of five years
from the time of the conunencement of the navigation upon any part of the aaid canal,
the legislature shall deem the tolls levied thereon excessive, it shall be lawf«d for them
to .reduce the same to such a standard as they may think just, so that the same* shall not
be reduced to a rate which will produce to the said company less than twenty per cent,
on the capital actually expended in making the said canal.
XIX. And be it further enacted by the authoidty aforesaid. That the said company, to
entitle themselves to the benefit and advantages to them granted by this act, shall, and
they are hereby required to, make and complete the said canal, rail-way, towing-paths, and
other erections required for the navigation thereof, (as laid down in the report of Mr.
Hiram Tibbet, engineer,.) from lake Ontario to the river WeUand, within five years fram
the date hereof, and from the river WdUand to the said Grand river, within seven years
from the date hereof, so as to be navigable for boats, barges, and rafts ; otherwise thn aet,
and every matter and thing herein contained, shall cease, and be utterly null and void ;
Provided, nevertheless, That the said company shall be entitled to aM the advantages of
this act, inasmuch as relates to the cut to the river WeUand, in case they complete and
finish that part of it within the time limited by this act.
XX. And be it further enacted by the authority aforesaid. That the said company shall,
at their first general meeting held after any part of the canal shall be finished, ascertain
and fix the rates and dues to be taken i)y virtue of this act ; and that it shaU and may be
lawful for tlie directors of the said company to alter the said rates at imy subsequent
meeting, after giving three months' public notice of the same, and that a schcfdule of rales
shall be affixed on the different public places on the route of the said canal.
Digitized by
Google
£lGHTH PaRLIABOBNT.]
C. 17.— Fourth Year or Geqbjbe IV.— 1824-
373
XXI. And for preventing disputes touching the damage of any boat, barge, or other
ressei, navigating upon the said canal, be it further enacted by the authority aforesaid,
That the owner or master of every such boat, barge, or vessel, shall permit and suffer
every such boat, barge, or vessel, to be gauged or measured, and refusing so to permit and
suffer, shall forfeit and pay the sum of forty shillings currency ; and it shall be lawful for
the said company, or their toll-gatherer, or such person or persons as shall be appointed
by them for that purpose, and such owner or master, each to choose one person to mea-
sure and ascertain such tonnage, and to mark the same on such boat, barge, or other
vessel, which mark shall always be evidence of the tonnage in all questions respecting
the payment of the aforesaid rates or dues ; and if such owner or master shall refuse or
dedme to choose a person in his behalf, as aforesaid, then the person appointed by the
said company, or their toll*gatherer, shall have alone the power of ascertaining such
tonnage.
XXII. And be it further enacted by the authority aforesaid. That all persons whatsb-
ever shall have free liberty to use, with horses, cattle, and carriages, the private roads
and ways to be made as aforesaid, (except the towing-paths,) for the purpose of conveying
any goods, wares, merchandize, timber, and commodities whatsoever, to and from the said
canal, and also to navigate on the said canal with any boats, barges, vessels, or rafts, and
to use the said wharves and quays for loading and unloading any goods, w^ares, merchan-
dize, lumber, and commodities, and also to use the said towing-paths with horses, for
drawing and hauling such boats and vessels, upon payment of such rates or dues as shall
be established by the said company.
XXIII. And be it further enacted by the authority aforesaid. That the said several dues
shall be paid to such person or persons, at such place or places near to the said canal, in
such manner and under such regulations as the said directors shall direct or appoint ; and
in case of denial, or neglect of payment of any such rates or dues, or any part thereof,
on demand to the person or persons appointed to receive the same, as aforesaid, the said
company may sue for and recover the same in any court having jurisdiction thereof, or
the person or persons to whom the said rates or dues ought to be paid, may, and he is,
and they are, hereby empowered to seize and detain such boat, vessel, barge, or rail, for
or in respect whereof such rates or dues ought to be paid, and detain the same until pay-
ment thereof.
XXIV. [Repealed by 6th Geo. IV, c 2.]
XXV. And be it further enacted by the authority aforesaid, That each share in the
said company riiall be twelve pounds ten shillings, provincial currency, and the number
of shares shall not exceed three thousand ; and that books of subscription shall be opened
in the several assize towns in this province, within two months after the passing of this
act, by sudi person or persons, and under such regulations, as the majority of the said
petitioners, assembled at a meeting to be called by any one of them in the town of Niagara
for that purpose, shall direct.
Persons refusing; to
have their boats mea-
sured shall forfeit 40s.
Company, or their toll
£ather<!r, and Ofyta€t of
boats, shall choose a
person to ascertain the
measurement of the
same, whose decision
shall be evidence of the
tonnage in all questions
about the toU.
If the owner shall re-
fuse to choose, the per-
son chosen by the com-
pany shall ascertain it
Persons allowed to use
with horses the private
Tds for the purposes
transportation; and
to navigUte the canal
with boats, and use the
quays; and towing
paths,at a rate to be es-
tablished by the com-
pany.
Baid dues to be paid to
persons, and at places
which the directors
shall appoint.
Blay sue for the same
if refused; or detain
such vessel, &e. until
payment thereof.
I^iock of said colnpaay
not to exceed £40,000.
Each share to be jS12
10s.
Number of shares not
to exceed three thou-'
sand.
Books of subscription
within two months
shall be opened in all
theaasixe towns, by
such persons, and ua-
der such reflations, as
the majority of peti-
tioners to meet at Ni-
B, shall direct.
XXVI. And he it further eliacted by the authority aforesaid, That it shall and may be
lawful for any person or persons^ his Majesty's subjects, or others, to subscribe ♦for any
number of shares, (not exceeding in the first instance eighty,) the amount whereof shall
be due and payable to the said company in the manner hereinafter mentioned, that is to
say ; ten per cent, on each share so subscribed shall be payable to the said company
inomediately after the stockholders shall have elected the number of directors hereinafter
mentioned, and the remainder by instalments of not more than ten per cent, at such
periods as the president and directors shall from time to time direct and appoint for the
payment thereof : Provided, That no instalment shall be called for in less than thirty days
after public notice shall have been given in all the newspapers in every district of this
province where any stock shall have been subscribed : Provided always. That if any
stockholder ol* stockholders, as aforesaid, shall neglect or refuse to pay to the said com-
pany the instalment due on any share or shares held by him, her, or them, at the time
r^uired by law, such stockholder or stockholders shall forfeit such share, as aforesaid,
with the amount previously paid thereon ; and the share or shares sImiII be sold by the
dLirectors at public auction, after having given thirty days' notice, and the proceeds thereof,
together with the amount previously jiaid thereon,, shall be accounted for and applied in
like manner as any other funds of the said company : Provided always. That such pur-
chaser or purchasers shall pay to the said company the amount of the. instalment required,
47 Digiti
(Repealed in part by
6th Geo. IV, G 2. as to
the number of shares;
which may be sixteen
thousand.)
Persona taking any
number of shares, (not
more than eighty in
first instance,) shall
pay ten per cent, on
each share, immediate-
ly after election of di-
rectors.
The remainder by in-
stalments of not less
than ten per cent, as
tiM directors shall ap-
point.
Tnirty days' notice to
bo given in all the
newspapers in district
where stock is sub-
scribed.
Stockholders refusing
to pay the instalment,
shall forfeit their shares
and the amount pre-
viously paid thereon.
Directors may sell the
■ame at auetion, and
may ttpfly the pro-
ceeds, with the ac-
cent t previously paid,
izedbyVjUUglc
374
C. IT.^FouBTH Ykab or Obobos IV.— 1884.
for the use of (he com-
Thb parehaten
pft|-tti«
over and above the purchase money of the share or shares to be putohas^ by him, her,
or them, as aforesaid, immediately after the sale, and before they shall be entitled to a
u^mentre- certificate of the transfer of such share or shares, so to be purehas^ as aforesaidi
qnuvd, besides the pur-
cnave money, inunedi-
Rtelv, and D'M'ore certi-
fic»il9Qftnincfer.
If the whole umahw of
■hares shall not be sub-
•cribed within two
months after opening
the books, any person
may inerease hie snb-
may me
senptio
After Srst instahnent,
shares tiaBsferaUe.
Until the eanal is com-
plete from' rirer We^
land to lake Ontario,
no money to be ex-
pended for any other
Dorpose.
Not more than five
thousand pounds shall
be expenaod in erect-
ing maehinery, ontil
the whole eanal is fin-
After £5000 sahseri-
bed, snbseribers may
call a meeting to elect
direotocs.
Directors shall be
elected by the majority
of shares voted for.
Directors so elected,
shall serve ontil the
first Monday in April,
Bueceeding snch elec-
tion.
Directors, so soon as
they receive i^SOO,'
to commence opera-
tions.
No meeting of the
subscribers until at
least thirty d^ys' no-
tice in all the newspa-
pers.
The aibirs of thecom-
pany to be managed by
nve directors, ofwhom
one shall be president.
Soch dirceterB, &c.
how ehoaeaand elect-
ed
The direetoi* bybaUoi
to elect a president. .
Two directors shall be
ioeiigihie the next year.
If more than three elee-
ted,die eleetkm of those
having fewest votes to
hevoSl.
The pfesidpnt for the
time Deing shall always
be eligible to the office
of director.
XXVII. And be it further enacted by the authority aforesaid, That if the whole aum-
ber of shares shall not be subscribed within two months after the bo<du of sobecriptioD
Gihall hs^ve been opened, as aforesaid, then, and in such case, it shaU attd amy be lawfol
for any former subscriber to increase his, her^ or their 9ubscrq)tion ; and thi^ after the
first instalment shall have been paid to the said company, the said shaiea AaH boecNne
transferable on the books of the said company : Provided always, Tfaail Vtttil the aajd
canal shall be completed from the river Welland to lake Ontario, no part of the fimdapaiA
in'shall be applied to any other purpose whatsoever, and after the same is coiapl^eted, not
more than five thousand pounds shidl be expended in the erection of Maehin^, imtil the
cut to thc^aid Grand river is completed ; and the said company shall proceed tm theedla-
pletion of the whole with as little delay as possible.
XXVIIL And be it further enacted by the authority aforesaid. That so soon as five
thousand pounds shall have been subscribed, it shall and may be lawfol for such subscri-
bers, or any of them, to call a meeting at some place to be named, (in the town of
Niagara,) for the purpose of proceeding to the election oC the number of dveoiora
hereinafter mentioned ; and such election shall then and there be made by a majerity of
shares, voted for in manner hereinafter prescribed, in rei^eot of the annual elet^ion «f
directors, and the persons then and there chosen shall be the first directors, and be capable
of serving until the first Monday in April succeeding their election ; and the directors so
chosen shall, as soon as a deposit amounting to five hundred pounds, upon the sliares sub-
scribed as aforesai4, shall be paid to the said directors, commence the business and
operations of Ihe said company : Provided always, That no such meeting of the said
subscribers shall take place, until a notice is published in all the newspapers in this
province, at the distance of not less than thirty days from the time of such notifioa^n.
XXIX. And be it further enacted by the authority aforesaid, That the stoek, property,
affairs, and concerns of the said corporation shall be managed and conducted by five diree^
tors, one of whom shall be chosen president, who shall hold their offices tor oioe y^ar,
which directors shall be stockholders, and shall be inhabitants of this province, and be
elected on the first Monday in April in every year, at suck time of the day and mk such
place, near the line of the said intended canal, as a majority of the diisectors, fi»r the time
being, shall appoint; and public notice shall be given by the said directors in the different
newspapers printed within this provihce, of such time and place, not more than sixty nor
less than thirty days previous to the time of holding the said election ; and the said elec-
tion shall be held and made by such of the stockholders of the said company as shall
attend for that purpose in their own proper persons, or by proxy ; and all elections for
directors shall be by ballot, and the five persons who shall have the greatest number of
votes at any election shall be directors, except as is hereinafter directed ; and if it should
happen at any election that two or more persons have an equal number of votes, in soch
manner that a greater number of persons than five shall, by pliirality o( votes, appear to
be chosen as directors, then the said stockholders, hereinbefim authorited - to hcdd audi
election, shall proceed by ballot a second time, and by plurality of votes determine which
of the said persons, se having an equal number of votes, shall be the director or directors,
so as to complete the whole number of five ; and the said direetora, so soon as may be
after the said election, shall proceed in like manner to- elect by ballot one of their number
to be president, and two of the directors which shall be chosen at the preceding yev ,
excepting the president, shall be -ineligible to the office ot director for one year after the
expiration of the time for which they shall be chosen directors ; and i& case a greater
number than three oC the directors, exclusive of the president who served for the last
year, shall a[^ar to be elected, then the election of such person or pers^M, above the
said number, and who shall have the fewest votes, shall be considered void, and such
other of the stockholders as shall be eligible, and shidl have the next greatest number of
votes, shall be considered as elected in 3le room of such last deseiibed penKm or persons,
who are hereby declared ineligible, as aforesaid ; and the president, (or Ab time being,
shall always be eligible to the office of director, but stockholders- not residiog within the
province shall be ineligible ; and if any director shall absexrt' hini^lf firon this ppovmoe.
Digitized by VniJOQ It:
FMMMAMSkMST.]
C. 17.— FOTwrii Ymam ot Gao«o«: IV.— 1824.
87«
ITiBjdlnetorilwnftb-
MOt khBMtf in- tix
AMAtltt fhnt tiiA Mo-
▼!■€•, his office tliril
beyoid.
Snek Ttteaneies, how
filled op.
A director must be a
stockholder of «k leMt
ten shares.
Stockholders to have
votes according to the
number of shares.
and tease to be an inhabttanf Aereof for the space of sisi monlhsy fata ofBtce shall be eon-
sMered as Tacant, and if any yaeaney or racaneies should at anj time happen among the
directors^ or if the office of president, by death, resignation, or removsd from the said
province, suefa vacancy or vaca^ieies shafl be fiUed for the remainder of the year in which
they may happen, by a person or persons to be nominated by a majority of the directors :
Provided always. That no person shidl be eligible to be a director who shall not be a
stoekhidder to the amoont of at least ten shares.
XXX. And be it further enacted by the authority aforesaid, That each stockholder
sliaU be entitled to a number of votes proportioned to the number of shai-es which he or
she shall have held in his or her own name ^ at least three months prior to the time of
▼oting, (ezo^t ai the first election,) according to the following rates, that is to say ; at
the rale of one vole for each share, not exceeding four ; five votes for six shai*es ; six
votes for eight shares ; seven votes for ten shares; and one vote for every five shares
above ten.
XXXI. And be it inrther enacted by the authority aforesaid, That in case it should at
aay liane happen that an election of directors should not be made on any day when, pur-
suant to thiaact, it ought to have been made, the said corporation slisdl not for that cause
be deemed to be dissolved, but that it shall and may be lawful on any other day, to hold
and make an election of directors, in such manner as shall have been regulated by the
laws and ordinances of the said corporation.
XXXII. And be it further enacted by the authority aforesaid, That it shall be the duty
of the directors to make half yesrly dividends of so much of the profits of the ^sAd com-
pany, as to them, or to the majority of them, shall appear advisable ; and that once in
every three years, and oftener, if thereunto required by a majority of the votes of the
stockholders, to be given agreeable to the ratios hereinbefore established, at a general
meeting to be called for that purpose, an exact and particular statement shall be rendered
of the debts which shall have remained unpdid after the expiration of the original credit,
for a period of treble the term of that credit, and of the surplus profits, ii any, after
deducting losses, dividends, and expenditures.
XXXIII. And be it further enacted by the authority aforesaid, That the directors for
the time being, or a major part of Hheni« shall have power to maike and subscriY^e such
rules and regulations, as to them shall appear needful and proper, touching the manage-
ment and disposition of the stock, property, estate, and effects, of the said corporation,
and touching the duty and conduct erf the officers, clerks, and servants, employed by (he
said company, and all such ofther matters as appertain to the business of the said eompanyy
and abail also have power to appoint as many officers, clerks, and servants, for carrying
on the said business, and with such salaries and allowances, as to them shall seem meet :
Provided, That such roles and regulations be not repugnant to the laws of this province.
XXXIV. And be it forther enacted by the authority aforesaid. That every treasurer,
before he- enters into the duties of his office, shall give bond, with two or more sureties,
in such sum as may be satisfactory to the directors, with condition for the faithful dis-
charge of his duty.
XXXV. And be it further enacted by the authority aforesaid, That all penalties and
forfeitures for offences against this act, or against any rule, order, or by-law of the said
company, to be made in pursuance thereof, for the levying and recovering whereof, no
particular mode is hereinbefore directed, shall, upon proof of the offences respectively, * distress b irarrani
before any two justices of the peace for the district of Niagara, either by confession of of the jasUoel^ ^'^
the party or parties, or by the oath of one credible witness, (which oath such justices
are hereby empowered and required to administer without fee or reward,) be levied by
distress and sale of the goods and chattels of the parties offending, by warrant under the
hand and seal of such justices, (which warrant such justices are hereby empowered to
js^ant,) and the overplus, after such penalties and forfeitures, and the charges of such
distress and sale are deducted, shall be returned, upon demand, to the owner or owners if no distress, thepar-
of such goods and chattels ; and in case such sufficient distress cannot be found, or such ^^J^^^'^^J^ P*y *^«
penalties and forfeitures shall not be forthwith paid, it shall be- lawful for such justices, L c^imitted'*to*^e*
by warrant under their hands and seals, to cause such offender or offenders to be committed to ^^^^.^^^'^•.^••BWRdis-
tbe common gaol of the district of Niagara, there to remain without bail or mainj^'i^e,
for such time as such justices may direct, not exceeding twenty days, unless such penal-
ties and forfeitures, eokd all reasonable charges attending the same, shall be sooner paid
and satisfied ; all which said penalties and forfeitures, when levied and satisfied in manner
aforesaid, shall be paid to the said company, to be by them applied for the purposes of
the said navigation.
XXXVI. And be it further enacted hy the authority aforesaid. That the land and The canal not to exceed
ground to be taken and used for the said canal, the towing-paths, and the ditches, drains, forty yards io ^«»dth,
and fences, to separate any such towing-paths from the acljoining tends, shall not exceed S^r*^&c., except
forty yards in breadth, except in such places where the said canal shall be raised higher, where hoau are to fie
ndiroetors not aUcted
OB the propar day,
charter not void.
Bat may elect (he same
on any other day, ac-
cording to their by-
kws.
Diridend to the made
half yeaily, by the di-
rectora, if tin^tkhik
Hadvisahto.
If remiired by the
stockholders, a general
statement to be giren
once in three yean, or
oftener.
Directors for the time
being may make such
laws as they think ne-
cessary;
and appoint officers,
clerks, ttc. with pro-
per salaries.
Noby-laiw to be con-
trary to the laws of
this prorbce.
Treasurer,
securities,
bond.
with
to
two
The penalUcs for in-
Innging such by-laws,
upon proof before two
justices of the Niagara
district, shall be leyied
trict for a time not ex-
ceeding twenty days.
Snch penalties.
Implied.
how
Digitized by VniJOQlC
37C
C. 18.--Poir«ra Ysab or CbwBos IT.— 18S4.
(F<
and pail Mdi oAer,
without tiie ecmsent of
the owners of the land
adjoining.
At the expiration of
thirty yeara, liis Majes-
ty may assume the pro-
perty of the canal, by
paying to the company,
their heirs, &c. the full
amount of their shares,
and an advance of
twenty-fire per cent.
And shall belong to his
Majesty in the stead of
the company, for all
the purposes of this
act
All actions brouj^ht for
anything done m pur-
suance of this act, must
be brought in nbf.
months.
Defendants may plead
the general issue aiul
^ve the special matter
in eyidence.
If brought after the ex-
piration of six months,
H rerdict for defendant.
Nothing iif this act
contained shall affect
the right of his Majes-
ty, or any other per-
son, except as herein
provided.
This act a public act.
or eut above five feet deeper, than the present surfaee of the bud ; and in aaek pbceB
where it shall be' judged necessary for boats, and other vessek and rafta, to tum^ Ue, or
pass each other, not more than sixty-five yards in breadth in any of those [daces, infthoot
the consent of the owner or owners of such land or ground respectively, under Us, her,
or their hand or seal, in writing, first had and obtained ; nor shall any land or ground be
let out, ascertained, contracted for, or sold, for the purpose of making any navigable OTt,
trench, or sluice, to convey goods or other things to or from the said canal, without such
consent, as aforesaid, any thing in this act contained to the contrary notwithstanding.
XXXVII. And be it further enacted by the authority aforesaid, That after a period of
thirty years aft^r the malting and completing of the said canal, it shall and may be lawM
for his Majesty, his heirs and successors,, to assume the possession and property of the
same, and of all and every the works and dependencies thereon belonging, or in any wise
appertaining, upon paying to the said company, their heirs, executors, administraUira, and
assigns, the full amount of their respective shares, or of the sums furnished and advanced,
by each subscriber towards the making and completing of the said canal, together with
such further sum, as will amount to twenty-five per centum upon the monies so advanced
and paid, as a full indemnification to such company ; and the said canal shall, from the
time of such assumption, in manner aforesaid, appertain and belone to his Majesty, his
heirs and successors, who shall from thenceforth be substituted in the place or stead of
the said company, their heirs and assigns, for all and eveiy the purposes of this act, in
so far as regards the said canal.
XXXVIII. And be it further enacted by the authority aforesaid, That if any phoDt
shall be brought or commenced against any person or persons for any thing done, or to be
done, in pursuance of this act, or in execution of the powers and authorities, or the
orders and directions hereinbefore given or granted, every such suit shsll he brought or
commenced within six calendar months next after the fact committed ; or in case there
shall be a continuation of damages, then within six calendar months next after the doing
or committing of such damages shall cease, and not afterwards j and the defendant or
defendants in such action or suit shall and may plead the general issue, and give this act
and the special matter in evidence, at any trial to be had thereon, and that the same was
done in pursuance, and by the authority of this act ; and if it shall appear to be so done, or
if any action or suit shall be brought after the time hereinbefore limited for bringing the
same, then a verdict shall be given for the defendants
XXXIX. And be it further enacted by the authority aforesaid. That nothine herein
contained shall affect in any manner or way whatsoever the right of his Majesty, his heirs
and successors, or of any person or persons, or of any bodies politic or corporate, except
as is herein expressly provided.
XL. And be it further enacted by the authority aforesaid, That thb act shall be deemed
and taken to be a public act, and as such shall be judicially noticed by all judges, justices
pf the peace, and other persons, without being specially {deaded.
Preamble-
Chapter XVIII.
An act to repeal part of^ continue^ afid amend the laws now in force^ imposing a duty
on licenses to innkeepers within this province.
[Passed Jennaxy 19, l^i-l
Whjbr^as an act passed in the fifty-ninth year of his late Majesty's reign, entitled,
^' An act to alter the laws now in force for granting licenses to innkeepers, and to give
to the justices of the peace, in general quarter sessions assembled, for their respective
districts, authority to regulate the duties hereafter to be paid on such licenses ;" and to
continue for a limited time by an act passed in the second year of his present Majesty's
reign, entitled, " An act to continue for a limited time a certain act of the parliament of
this province, passed in the fifty-ninth year of his late Majesty's reign, entitled, * An act
to alter the laws now in force for granting licenses to innkeepers, and to give to the jus-
tices of the peace, in general quarter sessions assembled, for their respective districts,
authority to regulate the duties hereafter to be paid on such licenses,' " will shortly ex-
pire ; and whereas it is expedient to continue the same, except such parts thereof as are
hereby repealed, and further to amend the said act ; be it therefore enacted by the King's
most excellent M^esty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by viiiue of
and under the authority of an act passed in the parliament of Great Britain, entitled,
" An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ' An act for making more effectual provision for the goveniment of the
province of Quebec, in North America, and to make fi^rther provision for the government
Digitized by VrjiJOV IC
PatHUAMXHT.]
C. 19.— FotysOH YxAK ^ Qmcmem iy.-^1884.
of tkefMUpvovmce,'" and by the autfaoritj of tke same, That from add afterthe fint
day of March next, so much of the second dause of the said aet passed in the fifty-ninth
yeaor of his lale Migesty's reign, as relates to the adjournment of the general quarter ses-
sions to the last Monday in December, and the third clause of the said act, shall be, and
the eame are, hereby repeided ; and that the magistrates in general quarter sessions
assembled in each and every district in this province, at their meeting next preceding the
fifth day of January, shall have power and authority to adjourn the general quaurter ses-
sions to the fifth day of January in each and every year, or if the same shall be on a
Sunday, then to the Monday following, for the purpose of receiving applications and
granting^pprovals to innkeepers, and for other purposes specified in the said act
If. And be it further enacted by the authority aforesaid, That the said first recited act^
except flush ports thereof as are hereby repealed, shall continue and be in force for four
years, and firom thence to the end of the then next ensuing session of parliament
avr
AftOTlitMmh,18H
adeisiuefi9aGeo.II^
e2, M nibtM to ihm
ftd jonmnMBt of g«iuml
Moadaj id I>©ceiBb3&*^'**
and 8dciaiiM,repMlod.
Juftieei in MMioujat
the pneediag niMi-
ine nwy ad jouro vatU .
6u Jaaoari^ or to tho
Monday after, if Kk
Jannary be on Bondayi
for the Dwpoee of
{^ranting licenaet to
innkeepefB.
Continnanee of COlii
Geo. in,e2.
(See lltii Geo. IV» o
Chapter XIX,
An act to continue and amend an act passed in the fifty-eighth year of his late Majesty^ s
reign, entitled, "-4n act to continue the laws now in force for granting an additional
duty on shop licmses,^^ and to require persons selUng spirittwus liquors by wholesale,
to take out a license for that purpose.
[Passed January 19. 18SM.]
Most osacioi^s Sovkhbion:
Whereas an act passed in the fifty-ninth year of his late Majesty's reign, entitled, "An
act to continue the laws now in force for granting additional duty on shop licenses," wiU
shortly expire ; and whereas it is expedient to continue and amend the said act ; be it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent of
the legislative council i^nd assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That the said recited
act shall continue and be in force for and during the continuance of this act.
II. And be it further enacted by the authority aforesaid. That from and after the first
day of June next, and from and after the fifth day of January in each and every ensuing
year, there shall be taken out a license by every merchant, shopkeeper, trader, or dealer,
who may sell or vend any wines, brandy, or other spirituous liquors, by wholesale, that is.
to say, three gallons, or upwards, and who has not taken out any license to sell, vend, and
retail, wines, brandy, or other spirituous liquors ; for which license there shall be paid at
the time such license shall be taken out, the sum of five pounds.
III. And be it further enacted by the authority aforesaid, That the licences to whole-
sale dealers, as aforesaid, shall be issued in the like manner as licenses are by law directed
to be issued to retail dealers in wines, brandy, and other spirituous liquors.
IV. And be it further enacted by the authority aforesaid, That any person or persons
who shall sell or vend any wines, brandy, or other spirituous liquors, by wholesale, after
the first day of June next, without having first obtained a license so to do, as hereinbefore
enacted, shall be subject to the like penalties as by law are imposed on any person or
persons selling wines, brandy, or other spirituous liquors by retail, without a license
authorizing such person or persons so to do ; which penalties shall be levied, collected,
and appropriated, in the same manner as other penalties are by the provisions of this law
ordered to be levied, collected, and appropriated.
V. And whereas doubts have been entertained whether, under the existing laws, any
individual taking out a shop license can, under the authority of such a license, sell spirituous
liquors, by retail, in more than one shop within the district, be it therefore further enacted
and declared by the authority aforesaid, 'That no shop license to be hereafter taken out,
shall be considered to authorize the person taking out the same, to retail spirituous liquors
in more than one shop or place, any thing in any former law to the contrary thereof not-
withstanding ; and that in every application for a shop Ucense, after the passing of this act,
the premises or shop to which such license is meant to extend, shall be particularly spe-
cified, and the same shall also be inserted in the license to be issued thereupon.
VI. And be it further enacted by the authority aforesaid. That if it shall appear, upon
any prosecution for selling liquor by retail, without license, that the shop which shall have
been mentioned in any license shall have been removed, and the business wholly transferred
to any other place within the district, such shop being the same in respect to which the
PMamUe.
Reciting 69th Geo. Ill,
e6.
After lit Jnne, 1824,
and 5th Jwnxuuj in eve-
Tf other year, eveiy
iho^keeper, &e. ftettittg
flpintaou lionort. by
wholeaale, aad oot her-
ing taken oat a lieeaae
to retail, ihall take oat
a license and pay fire
ponnda for the aame.
Wholeaale lieenaea to
be israed the aame aa
theretafl.
Wholesale persons sel-
ling without lieense
after 1st June, liable to
the same penalties as
persons selling by re-
floch penalties how Ic
Tied and accooKted for.
Persons taking oat li-
oense to retail,the same
shaU not sell in more
than one sh«ip.
The shop to which sach
lieense shall extend,
shall be nartieohtriy
described tneiein.
If the shdp be remored
and the bosiness wholly
transferred, the same
shall be considered as
licensed.
Digitized by
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pnhlMlMniNurMaiiit
oirB&nit.
Mbney ndM voder
tl^d acst to be paid to
the ree«Hc)tgeqe(«t
How aeeoimted lor.
CotttiinMMe of tUfl
aet.
a iOy SL—FiuMti Yaw 0F Qmcmam I^.-^ISM.
oaapkfat thall htTe bedo fasliliitedv tdiaH «^ H^ bs eooBidared ai 1
sUnding the provimon hereinbefore coDtaiBed.
VIL And be it farther enaeled by the mthority efiraaid^ That Mthii|g in iUe eet <
teined ihall extend, or be constiued to extend, to prohibit anj person or peiMiie from
expoaing to. Bide, and yenchi^ by wholesale, sochliquorB as they obtain from thedjalilhtion
of gndn raised iqpoa their own frunns^ or to prohibit any person who shatt hare taken out,
or who may hereafter take out, a Ueense for the distillation of spirituous KquoMy from
eelling sueh liquors by wholesale in his distillery, only as he shall have dislillBA withoul
taking out the Ueense required by this ad.
VIII. And be it farther enacted by the authority aforesaid, That the saoi^ to be
raised and cottected under ttis aet shall be paid onto Us Majesty's receiver geneialo/ this
pffmnee for the time being, to and for the use of hb Majesty, his heirs aiid sueeessom^
and to and for Ae uses 6t tfiis piovinee, to be aeeounted for to his Majesty, ins heJcs and
successors, through the lords commissiotters of* his Majesty's treasury, for ttie time b^ig^
in such mann^ and form as his Miye^, Us heirs and successors, shall direct.
IX. And be it further enacted by the authority aforesaid. That this act shall be and
continue in force for and during the term of four years^.and from thence to the end of die
then next ^lauing session of parliament, and no longer.
Chapter XX0
An ad to alterthe times of holding the lernis ofHikurjfomd Mickmehnam,
[KmALSD IT era Cteo. lY, Ch. 1.1
^VTy"
8CliO«o.
FteamUe.
ttmMag 4lh Cteo. lY,
lOCh ,
401 Geo. H*, CO fiur flA
rthtes ia pnerent en-
tfdnpertiMur from tell-
iag pecsonal eitatt, re-
of Upper GsMda, may
reooiYO ia pAyment for
debts due the eeid in-
■titiition, any notes of
the bank or certificates
of the board.
Time limsloA for i»-
eeiTing the same and
Ufantiii^ certificates.
At «» «d of amo
months finflilhM dale».
and erery six months
after, diyideads shall,.
bKJivide.
EiXceptionas to direc-
tors and oAcen.
CtrnpUnr XXI.
An act to repeal part of an ad passed in the last session of parliament^ eMiUedy ^^An ad
vesting in the hands of certain commissioners thereat named, all the stocky debtSy bonds,
and property of the pretended bank of Upper Canada, lately established ai Kingston,
for the benefit of the creditors of that institution,^^ and to mafte further promsUm for
settling the affairs of the said pretended bank,
iNmtd JmittiylS, 1SB4j
WnsfRKAs it 19 expedient to repeal part of an act passed in the last session of parliament,
entitled, ^ An act vesting in tlie hands of certain commissioners therein named, aii tbe
stock, debts, bonds, and property of the pretended bank of Upper Canada, lately establifked
at Kingston, for the bene6t of the creditors of that institution,'* and to mrite frirtb^ pro-
Tision for settling the affairs of the said pretended bank ; be it therefore enacted bj^ the
King's most excellent Majesty, by and wkh the .advice and consent of the tegisfaitlte
council and assembly of the province of Upper Canada, constituted and assembted by
vtrtue of and under tbe authority of an act passed in the parHament of Great BrilaiD,
entitled, *^ An act to repeal certain parts of an aet passed in the Toorteenth year of bis
Majesty's reign, entitled, * An act for mri^ine more effectual provision for the govemaieDt
of the province of Quebec, m North America, and to make further provision for tbe
S'vemment of the said province,' ^ and by the authority of the same. That so mack o(
e last clause of the said recited act as restrains the persons therein named from selling,
conveying, or transferring their personal estate, be, and the same is, hereby repe^ed.
n. And be it further enacted by the authority aforesaid, That from and after the pass-
ing of this act, it shall and may be lawful for the board for settling the affiiirs of the
pretended bank of Upper Canada, lately established at Kingston, in this province, and they
are hereby required to receive of and from any person or persons indebted to the said
pretended bank, or to any person or persons in trust for the said bank, m paymelit of the
debts due thereto, any notes or bills of the said bank, or other security for money given
thereby, or any certificates which may have been, or shall hereafter be, issued by the said
board, of the amount found due by the said bank, to the holder or hoKtcrs thereof: Pro-
vided always, That the said board shall not receive such bills or notes as aforesaid, nor
grant any certificates therefor, as aforesaid, after the expiration of nine calendar months
firom the passing of this act.
HI. And be it further enacted by the "authority aforesaid, That the said board shall,
at the end of nine months, and after the expiration of that period, at the end of every
succeeding six months, msdce and declare a dividend and dividends at each time respec-
(Svely, of fiJI monies paid to them, as commissioners for settling the affairs of the pretended
bank of Upper Canada, applying the same in equal proportion to the payment of each
certificate issued as foresaid, excepting such certificates as may be held by any of the
late directors or officers of the late pretended bank ; which sum, so appropriated and paid,
Digitized by VrjiJOV IC
BMrm Pawiakbnt.]
a a*.— Fwvem Y«m w «mite IT.-^t884.
6hali be endorsed mi the baek of »uoli oerttfieate, at the time of phyment, by tlie peiBen
receiving the same, or by the cleriL of the said board.
IV. iJid be it further enacted by the authority aforesaid, That it sbatt and majr be
lawful for the said board to bring any action or actions, for money had and received to the
use of the saU board, against any person or persons who are msdiers^ indorsers, or accept-
ors of any bill of exchange or promissory note due to the said pretended banh^ or whoans
indebted to the said bank in any other manner by simple contract, and to give the said bill
or bMs fjt exchange, or promissory note or notes, or other matters, as evidence thereof,
whether the same shall have been made payable at the said pretended bank or not, and
whether the same shall have been presented there for payment or not.
V. And be it further enacted by the authority aforesaid, That it shall and may be law-
ful for the said board, from time to time, at their discretion, to bum and destroy the bills
or notes, aflMresaid, by them redeemed, in the presence of one or more of the ^Kreeton
Buned in the said recited act, having first taken an accomit <^ the said notes so to be
burned and desCioyed, which account, entered in the books of the board, and 8%Bed by
the dhecter ot dii^ectors jHresent, as welt as the derk of Ute board, shaB be good and svi-
ieient evidenee of the destruotieii of the notec^ so boraed and destroyed.
DiWdciid to be endot*-
ed cw eertifieate.
Bead may Mw ae-
tioD for money Md and
teeehred, afuntt ina-
ken and iadonen of
notes, iLC, ^
and ghre the aame in
Board may Imn hSOa
redeemed, in the pre-
•enee of one or nore
Aeeonnt to be entered
in a book, and aigned
by the director and
cleik of the board, to
be good eridenee of the
number burned.
Ckaptev XXII.
An actio umetion and make valid an agreement made at Montreal, an the fifth dan erf
Auguaiy one Aoumnd eight hundred and twenhf^hree^ hy the ariritrators appointed/or
Upper and Lower Canada, under the authority of an act of the parliament of €hreeA
Britain paesed in the third yeeur of his Mafesty'e reign, entitled, '^ An act to regulate
the trade €^ the provineee of Lower and Upper Canada, and for other purpoees rda^
ting to the said provinces,^^ for obtaining a survey of the river Saint Lawrence, and
for the appointment of commissioners for that purpose.
, [Passed Jannaiy 19, 1824.]
Whkrjbas by the thirtieth clause of an act of the pm^liament of the united kingdom of
Gveat Britain and If ehmd,, passed in ibe third year of hi» Migiesty^s leign^ eniitledy. .'^ An
act to reguble the trade of the provinces of Loiwer and Uppev Cmada, aadt foe othea pur-
poses rdaliag to the said provinces," it i& among other thuaga enacted, thai the expense of
iapsmg the nayigatipn of tibe waters o£ the river Semi Lawience-. dkntt im foture be
(Mrayed bgr umsh meaaufes^ md' in such proportions, as the arbitraitors to*, be appointed
mxier the provisions of the said act shall determine, upon the pra^Berof either provinae ;
provided sitmsLjs^^ that no such determination shall be carried into effect, until sanctioned
and enacted by the legislature of both of the said provinces ; and whereas an address was
pescated by the house of assembly of this province, at the last session of the provincial
parliament, praying his excellency the lientenant governor to direct the attention of tide
aibitratons appointed under the authortty of the said recited act, on behalf of this province,
W the subjed of the wprovement of the waters^ of the river Saint Lawrence, by providing
in* the survey tliereef by an engineer properly q^ualified for that purpose ; and whereaa,
tt eenformily to sueh request, the u^bitrators having taken the subject into considbration^
did, by a publib instrument under their hands and seals, agree as fbUowsr
Odemumion oCthe •ibitratars for the pipvinees of Loiv«r and Upper Canada^ appointed iiadev tbe aulbocittrof the aetof
3d Geo. IV, chafer 119, reipectiog theimproTementof the nayigation of the Kiver Saint I^nvrence,
We, the undersigned arbitrators, appointed under the provisions of an act of the impa"-
ricit parliament^ Sd Geo. tV, chapter 119, in pursuance of the tiiirtietib section of the said
act, have- had under our consideration a letter from Andrew William Cochran, esquire,
fleeretary to his excellency the governor in chief, adnunistering the government of the
proviace of Lower Canada, dated 22d July, 182S^ enclosing certain reports relating to the
aarigation of the river Saint Lawrence, together with an address from the house of asseni*
Uy of Upper Canadu to his excellency the lieutenant governor of that jH-ovince, praying
that a sairvey may be taken, with a view of ascertaining what improvement may be made
in the natvigafiion of the waters of the river Sunt Lawrence, and that the amount o£ certam
duties heretofore levied in Lower Canada, under an act of the legislature of that ppovince,
(48th Geo* III,) and remaining unexpended^ may be appropriated to Ae purposes of de-
laying the expenses of the said sm*vey : Upon which subject we have agneed and dletep^
mined to recommend, —
First, That as a preliminary measure, three commissioners should be appointed in the
usual manner^ to inquire into the present state of the river, to suggest improvements in
the navigation thereof, and to procure plans and estimates of the improvements they may
recommend.
Prami]il%
(Bee imperial net, Sd
Geo. IV, e 119, a 80.)
Sd
oftkeaiM'
of tfaetwopRK
Tinees relatire to the
■nrrey of the riter St
Lawreoee.
•Digitized by
Google
C. 23.~FovMH Y«AB or G«obos IV.— 1824.
[FOOBSH 8— lOgy
Seeond, That the improyement of the navigation of the river Saint Lawrence, being
an object of common interest to both provinces, the sum remaining unexpended of the
duties heretofore levied in Lower Canada, under the act before mentioned, should be appro-
priated generally to that purpose, without reference to boundaries.
Sigped at Montreal, in Lower Canada, this twenty-fifth day of August, in the year of oor
Lord one IJhousand eight hundred and twenty-three.
[Signed] J. Baby, (i.- s.)
*- ^ ^ AiWtntor for Upper CMdi.
[Sicned] L. Hai^b, (i^.s.)
^ Arbitntor for UmtK Gnada.
[Siimed] Rob. Mobrouoh, (imS.)
Thiid ArbilndOB.
And whereas it is expedient to assent to and ratify the said agreement, on the part of this
IM'ovince ; be it therefore enacted by the King's most excellent Majesty, by anid with the
advice and consent of the legislative councS and assembly of the province of Uj^er
Canada, constituted and assembled by virtue of and under the authority of an act passed in
the parliament of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ' An act for making more e£fectual pro-
vision for the government of the jH-ovince of Quebec, in North America, and to niake
further provision for the government of the said province,' " and by the authority of the
same, That the above recited agreement, and every matter and thmg therein contained,
in so far as respects this province, shall be, and the same is, hereby sanctioned and en-
acted.
II. Provided always, and be it further enacted by the authority aforesaid^ That the
ti^ aet, how «ppoiiit- commissioners so to be appointed, shall be appointed in like manner as is provided for the
appointment of the arbitrators under the authority of the said first recited act, or in such
manner as may be agreed upon between the executive government of both provinces.
Hie nid
«Sreemeiit
and euet-
PkeainbU.
JSSOO gnnted
Minett7,toi
c«TOmpen<
How to be paid, and
aeoooBtedfor.
Chapter XXIII.
An od granting to his Majesty a sum of money ^ to enable his Majesty to compen-
sate the services of the arbitrator appointed under the act of the imperial parUanuntj
passed in the third year of his Majesty^s reign^ entiOed, ^^ An aet to regulate the trade
of the provinces of Lower and Upper Canada, and for other purposes rektUng to the
said provinceSy*^ and also to compensate the secretary who accompanied the said arbi-
trator, during the several negotiations in Lower Canada.
[PaatedJaaoaiT 19i,]8M.]
Most gracious Sovhrbion:
Whereas it is expedient to grant to your Majesty a sum of money, to compensate the ser-
vices of the arbitrator appointed in behalf of this province, under the provisions of the
act of the imperial parliament, passed in the third year of your Majesty's reign, entitled,
*^An act to regulate the trade of the provinces of Lower and Upper Canada, and for
other piuposes relating to the said provinces," and also to compensate the services of the
secretary who accompanied the said arbitrator, during the several negotiations in Lower
Canada ; we, your Majesty's dutiful and loyal subjects, the commons of Upper Canada,
beseech your Majesty that it may be enacted, and be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, '* Ao
act to repeal certain parts of an act passed in the fourteenth year of his Majesty^s reign,
entitled, ^ An act for making more enectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That from and out of the rates and
duties raised, levied, and collected, or hereafter to be raised, levied, and collected, to and
for the public uses of this province, and in the hands of the receiver general, unappn^a-
ted, there be granted to his Majesty, his heirs and successors, the sum of five hundred
pounds, to enable his Majesty to compensate the said arbitrator and secretary for their
said services.
II. And be it further enacted by the authority aforesaid. That the said sum of five
hundred pounds shall be paid by the receiver general of this province, in discharge of
such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
S governor, or person administering the government of this province, and shall be accounted
or to his Majesty, his heirs and successors, through the lords commissioners of his Ma-
jesty's treasury, for the time being, in such manner and form as his Majesty, his heirs
and successors, shall be graciously pleased to direct.
Digitized by
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EfOHTB PaBUABCBNT.]
C. 24.— Fourth Ybae op Gborgb IV.— 1824.
asi
PrMunble.
Chapter XXtV.
An act to ttuihorize the governor^ lieutenant governor^ or person administering the go-
vemment of this province^ to treat with the holder of any government debenture,
heretofore issued^ for postponing the period of payment of the same ; and to autho-
rize the loan of a further sum^ upon the security therein mentioned^ to be applied
towards the service of the present year.
[Passed Jannaiy 19, 1824.]
Whereas in the present state of uncertainty, with respect to the amount of revenue
due this province, on account of its proportion of duties received at the port of Quebec,
as well with respect to the probable time of its receipts, it is expedient to authorize the
governor, lieutenant governor, or person administering the government of this province,
to treat with the holders of any debentures issued under the provisions of the act of this
province passed in the second year of his present Majesty's reign, entitled, " An act to
authorize the governor, lieutenant governor, or person administering the government of
tliis province, to borrow a sum of money upon the securities therein mentioned, to be
applied in discharging the arrearages due to militia pensioners," for the postponement of
the period appointed for the payment of the said debentures, or any part thereof respec-
tively ; and whereas it is further expedient to provide authority for raising by loan, if it
should be necessary, such sum as may be sufficient for the services of the present year,
charging the same upon the monies which may be received from the province of Lower
Canada, on jiccount of duties which may hereafter be levied at the port of Quebec ; be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, * An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province,' " and by the authority of the same,
That it shall and may be lawful for the governor, lieutenant governor, or person adminis-
tering the government of this province, through his Majesty's receiver general, for the
ttme being, to treat %vith the person or persons holding any of the debentures issued
under the authority of the said act passed in the second year of his present Majesty's
reign^ for the postponement of the period for the payment of the said debentures, or of
any of them, or of any part of the sum secured by the said debentures, or by any of
them respectively, to such time or times as to the governor, lieutenant governor, or person
administering the government of this province, shall seem meet : Provided always. That
after notice being given to the holder of any debenture, of which the period of payment
shall have been so postponed by the governor, lieutenant governor, or person administering
the government of this province, or by the receiver general thereof, either before or after
the period to which the payment shall have been so postponed, that the sum due upon
the same is ready to be paid, or if after notice of such readiness to pay shall have been
inserted for one month in the Upper Canada Gazette, the said debenture shall not
be presented for payment, the interest thereon shall, after one month from the time of
such notice being given, or after one month after the expiration of the month for which
such notice shall have been published in the Upper Canada Gazette, wholly cease to
accrue and be payable.
II- And be it further enacted by the authority aforesaid. That if the holder or holders
of any such debentures, as aforesaid, or his or their agent or agents, shall, by indorsement
thereon, under the signature of his Majesty's jreceiver general of this province, for the Jgjf'Sj;
time being, or by any agreement or memorandum in writing, signed as aforesaid, agree to
the postponement of the period for the payment of the sum, secured by the said deben-
ture, or of any part thereof, to a certain period to be named, then and in such case, no
warrant shall be made for the payment of the said sum, or of any part thereof respectively,
until the period shall arrive to which the payment shall have been so postponed, unless
it shall seem proper to the governor, lieutenant governor, or person administering the
government of this province, so to do, any thing contained in the eleventh section of the
said act passed in the second year of his present Majesty's reign to the contrary, in any
wise notwithstanding.
III. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
this province, so soon after the passing of this act as he may deem expedient, to authorize
and direct his Majesty's receiver general of this province to raise by loan from any per-
son or persons, bodies corporate or politic, who may be willing to advance the same upon
the credit of the government bills or debentures, authorized to be issued under this act,
such sums of money, not exceeding twenty-five thousand pounds, as may be required, in
48 Digitized by
The lleuteiuuit goyen-
or, &c. through the re-
cciTcr ||;«itfal, may
treat with penoas
holdiiu; debentarea un-
der &! Geo. rV, e 6,
for the postponement
of paymeai.
Afternotiee giTea that
the sum due on aay de-
beatares will be
on sneh a daj, if amm»
itea» interest
not presenti
not pi
shaU
After the holders, itc.
of any debenture haye
agreed to postpone the
' no warraat
issue until the
time of postponemeat,
unless the coyernor.
Ice. shall thiu proper,
notwithsUndiiur lltk
see. 2d Geo. lY, c i.
Governor, Uc nmj au^
thorite 1 receiver gene-
ral to raise a loan aot
exceeding £25,000.
Google
g. «4;^Fp|f»TH V»*H or QmdVE IV.— 1884.
ReeeiTer genenl to
make oat debentores
fortlM monejso bor-
Foraa of debenture,
end koir iaflaeA and
ipajabk.
Reeeirer general miut
sign debentores.
The iatorett aad all
charges thereoii, how
paid.
]>ebentiires to pass ear-
rent with all receirers
and eoUeetors;
and with the receiver
general.
How interest on the
same to^ be allowed.
Where interest shall
not be allowed.
How to ascertain that
the interest of the same
shall be sospended.
Capital fehmj to foij^e
any debenture or m-
dorsement, or to utter
th^'satne with intent to
deftniiid.
addition to the revenue which shall be actually received by the receiver general of this
province, for the purpose of defraying the chaiqges legally authorized to be incurred, od
account of the public service of this province for the present year.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the receiver general, now or for the time being, to cause or direct any number
of debentures to be made out for any such sum or sums of money, not exceeding in the
whole the said sum of twenty-five thousand pounds, as any person or persons, body politic
or corporate, shall agree to advance on the credit of the said debentures ; which deben-
tures shall be jprepared and made out iP such method ^nd form as his Majesty's refeiver
general ^hall think most safe and cpnvenient ; and that for each loan, three several debenr
tures shall issue at the same time, bearing date on the day on which the ^ane sbaR
actually be issued, and being eaqh for the payment of the one third of the sum so advanced
at the expiration of ooe, two, and three years respectively, with interest at six per cent
per annum, from the date of each debenture, until the same shall be dischaiged : Provided
always, Thaf every such debenture shall and may be signed by the said receiver general
of this province, for the time being.
V. And be it further enacted by the authority aforesaid, That all ^ch debentures, with
the interest thereon, and all charges incident to, or attending the saine, shall be, and are
hereby charged and chargeable upon, and sb^U be repaid or borne by, or out of, themonief
that shall come into the han(}s of the receiver general of this province, to and for
the public uses of this province, qn account of the proportion payable to this province of
duties which already have been^ Of may hereafter be, levied and received in the province
of Lower Canada, upon goods ini ported into this province.
VL And be it further enacted by th^ authority aforesaid, That the debentnrea whick
shall' be lawfully issued by the authority of this act, and shall from time to time remain ub>
discharged and uncancelled, shall and may, after the period therein appointed for the payment
thereof, be received and taken, and shall pass and he current to all and every, the recei-
vers and collectors in this province, of the customs, or of any revenue or tax whatsoever,
granted, due, or payable, or which shall or i^ay hereafter be granted, due, or piyi^ble, lo
nis Majesty, his heirs or successors, under or by virtue of any act of the parliament of Great
Britain, or of the ])rovincial parliament, or otherwise ; and also at the office of tbe receiver
general 6f this province, from the said collectors and rfsceivers, or from any person making
any payment there to his Majesty, his heirs or successors, upon any account, oc (or any
cause whatever; and that the same in the hands of suph collectors and receivers, and in
the hands of the receiver general of this province, shall be taken and deemed aa eash, and
as such shall be charged against and credited to such collectors and receivers) and to such
receiver eeneral aforesaid, respectively, in their accounts with each other, and widi Us
Majesty, his heirs and successors.
VII. And be it further enacted by the authority aforesaid. That the interest ^hieb
shall from time to time be due upon any debenture which may be so isaued, sbaU be
allowed to all persons, bodies politic and corporate, paying the same to any coUector op
receiver of any of his Majesty's revenues in this province, to the respective days where-
upon such debenture shall be so paid : Provided always. That no interest shall run or be
paid upon or for any such debenture during the time such debenture, so paid, shall -remaMi
in the hands of any of the said receivers or collectors, but for such time the inter^ on
every such debenture shall cease.
VIII. And to the end that it may be known for what time such debenture bearing
interest shall from time to time remain in the hands of such collectors or receivers, as
aforesaid, be it further enacted by the authority aforesaid, That the person or persons
who shall pay any such debenture, so bearing interest, to the receivers or collectors of
any of his Majesty's revenues or taxes, shall at the time of making such payment, put
his or their name or names, and write thereupon in words at length, the day of tbe
month and year in which he, she, or they so paid such debenture, bearing interest ; all
which the said receivers and collectors respectively shall take care to see done and per-
formed accordingly ; to whicli respective days the said collectors and recseiver^ shall be
allowed again the interest which he or they shall have allowed or paid upon such respec*
tive debentures, upori bis or their paying the same into the hands of the receiver general,
as aforesaid-
IX. And be it further enacted by the authority aforesaid. That if any person or pejcsons
shall forge or counterfeit any such debenture, as aforesaid, which shall be issued under
the authority of this act, and uncancelled, or any stamp, endorsement, or writing thereon
or therein, or tender in payment any such forged and counterfeited debenture, or any
debentures with such counterfeited endorsement or writing thereon, or shall demand to b^ve
such counterfeited debenture, or any debenture with such counterfeited endorsement or \|Ti-
ting thereon or therein, exchanged for ready money, by any person or persons whp shall be
obliged or required to exchange the same, or by any other person or persons wbon^soever,
Digitized by VnUO^ IC
HMM PjiAtiAkSNT.]
e. ^— Tfl^Mii YtA^ br esoROK (¥.—1624.
Us
knowing the debenture so tendered in payment, or demanded to be exchanged, or the
endorsement or writing thereon or therein, to be forged or counterfeited, and with the
intent to defraud his Majesty, his heirs and successor^, or the persons afqpolnted to pay
off the same, or any of them, or any other petson or persons, bodies politic or corporate,
then every such person or persons so offending, being thereof lawfully conricted, shall be
adjudged a felon, and shall suffer, as in cases of felony, without benefit of clergy. **
X. And be it further enacted by the authority aforesaid. That the receiver general of
this province, for the time being, shall, before each session of the parliament of this pro-
vince, transmit to the governor, lieutenant governor, or person administering the
Sovernment of this province, a correct account of the numbers, amounts, and dates of the
ifferent debentures which he may have issued under the authority of this act, of the
amount of the debentures redeemed by him, and the interest paid thereon respectively,
and also of the amount of the debentures outstanding, and unredeemed at the periods
aforesaid, and of the expense attending the issuing of the same, and of carrying tnis act
into execution, to be laid before the legislature of this province.
XI. And be it further enacted by the authority aforesaid, That the interest growing due
upon the said debentures shall and may be demandable in half yearly periods, computing
from the date thereof, and shall and may be paid on demand by the receiver general of
this province, for the time being, who shall take care to have the same endorsed on each
debenture at the <time of the payment thereof, expressing the period up to Which the said
interest Aall have been paid, and shall take receipts for the same from the parties
respectively ; and the governor, lieutenant governor, or person administering the govern-
ment of this province, shall, after the tbirtxeth day of June and the thirty-first day of
December, in each year, issue warrants to the receiver general, for the payment of the
amount of interest that shall have been advanced, according to the receipts to be by him
taken, as aforesaid.
Xrr. And be it further enacted by the authority aforesaid, That the receiver general of
this province, and the persons necessarily employed under him in the execution of this
act, shall severally have and receive such rewards and allowances as the governor, lieu-
tenant governor, or person administering the government at this provmce, and the
executive council thereof, shall adjudge to be reasonable, and shall direct to be allowed
them for their respective services in the execution of this act ; and that the same shall be
paid in discharge of such warrant or warrants as the governor, lieutenant governor, or
person administering the government of this province, shall from time to time issue for
that purpose.
XIII. And be it further enacted by the authority aforesaid. That a separate warrant
shall be made to the receiver general by the governor, lieutenant governor, or person
administering the government of this province, for the time being, for the payment of
each debenture issued under the authority of this act, .as the same may become due, and
be presented in favor of the lawful holder thereof; and that such debentures as shall
from time to time be discharged and paid off, shall be cancelled and made void by the said
receiver general.
XIV. And be it further enacted by the authority aforesaid. That at any time after the
said debentures, issued under the authority of this act, or any of them, shall respectively
become due, according to the terms thereof, it shall and may be lawful for the governor,
lieutenant governor, or person administering the government of this province, if he thinks
proper so to do, to direct a notice to be inserted in the Upper Canada Gazette, requiring
all holders of the said debentures to present the same for payment, according to this act ;
and if, after insertion of the said notice for three months, any debenture then payable shall
reouin out more than six months from the publication of such notitse, all interest on such
debentures, after the expiration of the said six months, shall cease, and be no further
payable, in respect of the time which may elapse between the expiration of the said six
months and their presentment for payment.
XV. And be it further enacted by the authority aforesaid. That all monies required to
be paid by the authority of this act shall be paid by the receiver general, in discharge of
such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for to his Majesty by the receiver general of this province, through the lords commis-
sioners of his Majesty's treasury, for the time being, in such manner and form as his
Majestj, his heirs and successors, shall be graciously pleased to direct.
Before «■«« . Mvmtun*
rcceirer geneiml ■hall
trusmit to the gorern-
or, &e. eeeomte of de*
hentnres, he. iatned
under this aet, that the
■ame may he laid be-
fore the legislature.
What time interest ae-
crainr op debentures
shanEepaid.
WarranU to be issued
therefor.
RemuneraUoB to the
receirer general and
others.
Debentures t»hen due,
to be paid and eaneel-
led.
After debentures are
due, the governor, &e.
"^ygi^^ notice to the
holders to present the
If not presented within
six months after aotiee,
interest to cease.
How^o be paid and ac-
counted for.
Digitized by
Google
98*
C. S5,96,3T.— Fovnn Ybab or Osobob IV.— 1824.
[Foumm
Pmable.
jB8,7aO gimtfld to hk
Majesty in aid of the
fimat already appropri*
•led towardj detraying
tlM ehaigea oftheeiTn
gorenmeat
How to be BAidaad ac-
Ifor
Aecoont of expendi-
ture to bo laid before
periiameBt.
Chapter XXV.
An act for graniing to his Majesty a sum of money^ in aid of the funds for defiraffing
the expenses of the administration of justice and support of the cioU government of
this province.
[Pataed Januuy 19, 1824.]
Most gracious Sotereiok:
Whereas your Majesty's faithful commons have voluntarilj and freely resolved to grant
to your Majesty a supply, to defray certain charges for the administration of justice and
support of the civil government of this province ; wey your Majesty's dutiful and
loyal subjects, the commons of Upper Canada, in provincid parliament assembled, be-
seech your Majesty that it may be enacted, and be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, "An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for makine more effectual provision for the government of the province
of Quebec, in Noi*th Amenca, and to make further provision for the government of the
said province,' " and by the authority of the same. That from and out of the rates and
duties raised, levied, and collected, to and for the public uses of this province, and in the
hands of the receiver general, unappropriated, there be granted to his Majesty the sum of
three thousand seven hundred and twenty pounds, sterling ; which said sum of three
thousand seven hundred and twenty pounds shall be applied in aid of the funds already
appropriated by an act of the parliament of Great Britain passed in the fourteenth year
of his late Majesty's reign, entitled, ^' An act to establish a fund towards further defray-
ing the charges of the administration of justice and support of the civil government
within the province of Quebec, in North America," towards the following services for
the year one thousand eight hundred and twenty-four, that is to say : For the adminis-
tration of justice for the year one thousand eight hundred and twenty-four, (including the
expenses of a second circuit ;) the government office ; the receiver general's office ; the
surveyor general's office ; executive council office ; secretary and register's office, (inclu-
ding the sum of fifty pounds, to be added to the salary of the clerk in these offices;)
inspector general's office ; government printer ; repairs, &c. of the government house ;
casual and other expenses : And shall be paid by the receiver general of this province, in
discharge of such warrant or warrants as shall for that purpose be issued by the governor,
lieutenant governor, or person administering the government of this province, and shall
be accounted for to his Majesty through the lords commissioners of his Majesty's trea-
sury, in such manner and form as his Majesty, his heirs and successors, shall be graciously
pleased to direct.
II. Provided always, and be At further enacted by the authority aforesaid. That an
account in detail of all monies paid under the authority of this act be transmitted, to be
laid before the commons house of assembly, at the next ensuing session of parliament;
and provided also, That so much of the said sum as may remain unexpended, shall be
subject to the future disposition of parliament.
Chapter XXVI.
An act to make good certain monies advanced by his Majesty ^ pursuant to an address
of the house of assembly at the last session of parliament to his excellency the Kmx-
tenant governor.
{Granting £2,84048. ^. to meet the amount adranced for the contingent expenses of the legislature. In the tessioa of
Preamhle.
Chapter XXVII.
An act to increase the salary of the assistant adjtUant general of militia.
[Passed January 19, 1821.]
Most gracious Sovereign :
Whereas it is expedient to increase, the salary of the assistant adjutant general of this
province; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act "
passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of an
act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making i
:more
Digitized by VrjiJOV IC
Pabuamsnt.]
C. 88,29.— FouBTH YxAA or GflOsaB IV.— 1834.
8W
effectual provisiaii for the government of the province of Quebec, in North America, and.
to make further provision for the government of the said province,' '' and by die authority
of the same. That so much of the second clause of an an act passed in the last session of
the present parliament, entitled, '^ An act to provide a salary for the adjutant general of
militia in this province, and for other purposes therein mentioned," as grants to his Majesty
annually the the sum of one hundred and fifty pounds, to provide a salary for an assistant
adjutant general, be, and the same is, hereby repealed.
IL And be it further enacted by the authority aforesaid, That from and out of the rates
and duties already raised, levied, and collected, or hereafter to be raised, levied, and col-
lected, to and for the public uses of this province, there be granted annually to his Majesty,
his heirs and successors, the^ sum of two hundred pounds, to provide a salary for the
assistant adjutant general of this province.
III. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the governor, lieutenant governor, or person administering the government of this
province, from time to time, to issue his warrant or warrants to the receiver general of this
province, for the said sum of money, half yearly, and the said receiver general shall
account to his Majesty, his heirs and successors, for the same, through the lords commis*
sioners of his Majesty's treasury, in such manner and form as his Majesty, his heirs and
successors, shall be graciously pleased to direct.
Siieli putof addMM
4ftliQ«o.lV.eS,Mra-
tant gensnd, repMi«d.
JSSfOO per anmuii gfut-
ed to his Majesty for
ulaiy of uaistuU ad-
jutant generaL
Bow to be paid, nd
meeoonted for.
[Granting him £S0 per
a tlie artillety corps.]
Chapter XXVIII.
An act far the relief of James Carrol.
annum, during life, for injury receiyed wlult t on duty, in defence of thie prorince, aa a prirate
PlreaaBble.
Chapter XXIX.
An ad granting to hie Majesty a sum of money, for the purposes therein mentioned.
[Paaaed January 19, 1824.]
Most gracious Sovsrkign :
Whereas it appears by the petition of the inhabitants of West Gwillimbury, in the
Home district of this province, that they are separated from the old settled townships by
an impassable swamp ; and ako that the said inhabitants are unable, without assistance, to
construct the bridges and causeways necessary to obviate the evil complained of ; and
whereas it appears by another petition of the inhabitants of the newly settled townships
in the rear of the Rice lake, in the Newcastle district, that they are almost wholly cut off
from communicating with the old settlements in front thereof, for a great part of the year,
by reason of the impassable state of the ice, and also that their resources are insufficient
for the completion of a bridge across the river Trent, at the foot of the Rice lake ; and
whereas it is expedient that a sum of money should be granted to aid the said persons in
the contemplated improvements; may it please your Majesty that it may be enacted, and
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parli&nent of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, * An act for making more effectual provision for the
{government of the province of Quebec, in North America, and to make further provision
or the government of the said province,' " and by the authority of the same. That from
and out of the duties already raised, levied, and collected, or hereafter to be raised, levied,
and collected, to and for the public 'uses of this province, and unappropriated, there be
granted to his Majesty the sum of two hundred and fifty pounds, provincial currency, to
be distributed, appropriated, and applied, as hereinafter directed ; which said sum of two
hundred and fifty pounds shall be paid by the receiver general of this province, in dis-
charge of any warrant or warrants which may for that purpose be issued by the governor,
lieutenant governor, or person administering the government of this province, for the time
being, and shall be accounted for to his Majesty by the receiver general of this province,
through the lords commissioners of his Majesty's treasury, for the time being, in such
manner and form as his Majesty, his heirs and successors, shall be graciously pJeased to
direct.
- n. And be it further ena'cted by the authority aforesaid. That of the said sum of two
hundred and fifty pounds, hereby granted, one hundred and fifty pounds shall be appro- JjjS?''*****
priated and applied to the improvement of the road in the township of West Gwillimbury,
Digitized by
JC2B0 granted
Majeaty.
to hit
How ptidand aceoimt-
ed for.
How Mud mam ebaU 1m
Google
O. a».^FoinMai ¥«*« «•• Qmarn^n IT.— 18S4.
(F«MIM SMMmW,
Commifesioaert
appointed.
wm^^rmmmMf ftUdtlM r0iridWybeiligoMhttfidfed|)Mild^BliftabttH»>*«iH^ -n—
IK Aid 4f the resottt^es of the inhabitntitd of the townsliipd in rear of the AlM lAk«f fm
tfie er««Cioii of a bridge aoross the river Trent, al the fool of the Riee idbe, m Ite Me#-
eastle distriet.
to t»e in« And be it further enacted by the authority afere6aid4 That ^ dhaU and inay he
lawful for the governor) lieutenant gorernor, or persM admimatering the gdverotnent of
this province, for the time being, to appdpt one commissioner in each of the eaid dialrieto,
whose duties it shall be to receive the said ^ums, appropriated as aforesaid, and ap^y Atm
to the purposes aforesaid respectively ; and shall render an account, in detail, to Ike
governor, lieutenant governor, or person administering the government oi thid province,
of the sums so received and applied in their respective Uriels, to be laid befo^ the
legislature.
JLmoMtod'by 7th Gm.
(AttOMtod
rv,4j la.)
06(h Geo. Ill, e 88, le-
Magittntes in feeuoiM,
or mi^ioritT, may make
eertam nuet, &o. relar
tire to' the town of
Kingitoii.
Not to extend to
lating the priee of any
thing hat bread.
Saeh' rales not to be
eentrarytohiw.
Juatieei in ipiarter tet-
tioni may receiye a gum
of money for eertain
porpotes by assess-
(Eztendedtoje200,by
tthGeo.IV,cl2.)
Duty of the cleric of the
Sach aueefment, how
estimated, and applied.
Fnrer of the joaticet
inteationa, forpunial^
inffoffendere.
Chapter XXX.
An ad to make more ample provision f of reguUding the police of the town a/Stngstofi
[Pasted JTannajy 19, ISM]
Wherxas it is expedient to make more ample provision for regulating the police of the
town of Kingston ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed io
the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
lurther provision for the government of the said province,' " and by the authority of the
same. That an act passed in the fifty-sixth year of his late Majesty's reign, entitled, "An
act to regulate the police within the town of Kingston," be, and the same is, hereby
repealed.
II. And be it further enacted by the authority aforpsaid. That it shall and may be law-
ful for the magistrates,, assembled in general quarter sessions for the Midland district, or
the majority of them, to make, ordain, constitute, and publish, such prudential rules and
regulations as they may deem expedient, relative to the harbor of Kingston, to watching,
paving, lighting, keeping in repair, cleansing, and improving the streets of the said town,
regulating slaughter nouses and nuisances, to enforce the said town laws relative to horses,
swine, or cattle of any kind, running at large in towns ; relative to the inspection of
weights and measures, firemen and fire companies ; and also to regulate the assize of
bread : Provided always. That nothing herein contained shall extend, or be construed (o
extend, to the regulating or ascertaining the price of any commodities, or articles of pro-
visions, other than bread, that may be offered for sale : Provided also, That such rules
and regulations be not contrary to, or inconsistent with, the laws and statutes of this
province,
III. And be it further enacted by the authority aforesaid. That the magistrates in
quarter sessions assembled, for the Midland district, or the major part of them, in the
month of April, in each and every year, may raise by assessments, from the persons ra*ed
upon any assessments for property in the town of Kingston, a sum not exceeding one
hundred pounds,, in any one year, for purchasing and keeping in repair fire engines, lad-
dfers, buckets, and other utensils for the extinguishing of fires, and for making any other
necessary improvements in the said town, exclusive of the sum such person may be rated
for in and upon any other assessment of this province ; and in order to carry the said
assessment into effect, it shall be the duty of the clerk of the peace for the Midland dis-
trict, to select from the general assessments of the said Midland district, a list or assessment
of the rateable property that each and every person owns or possesses in the said town of
Kingston, ready to be laid before the magistrates in quarter sessions assembled, for the
Midland district, in April, in each and every year.
IV. And be it ftirther enacted by the authority aforesaid. That such assessment, afore-
said, shall be raised, levied, collected, and paid, in proportion to the sum that such person
is rated for upon any assessment he may possess or told in the said town of Kingston, and
subject to such rules and regulations as may be made by the magistrates in quarter sessions
for the said district, for the purpose of raising, collecUng, and paying, any sum collected,
to the treasurer of the said district, which said sum shall be applied from time to tinie, in
such manner, for the purposes aforesaid, as the magistrates in quarter sessions assembled,
or a majority of them, shall direct and appoint.
V. And be it further enacted by the authority aforesaid. That the magistrates in general
quarter sessions of the peace, or the major part of them, as often as they shall make and
publish any such rules and regulations, for the purposes aforesaid, may make, ordain,
Digitized by VrjiJOV IC
PAMJAMEirr.] C. 31, 99, ^•r-F^uwir Y^it o9 GjiMMB IV.— 1824.
limit) I9P4 jpronde, m»h leMmnbk fiw9 Dg^bsl Ihe offeDden of 8Qoh niies and regiibtiont,*
wm 4l97 outy ttiink praper, qot exceeding forty sbilUiig» for any one offence, to be prose^
ciited before any coraipisaiooer of the p9i|ce of the town of Kingston, upon the oath of one
«i:^iMe witi)^s8, and to be levied by warrant, under the hand and seal of ftuoh oommie* -
^jpoer, upon the goods and ebattels of 9uch offender ; and that the one moiety of the sum
8Q levipd shall go to the informer, and the other ahall be paid to the treasurer of the said
diptriet, for the us§ of the 9aid town.
VI. And be it further enacted by the authority aforesaid, That in every case where an^
pfir^QB, ^i^r twenty-four hours' notice, left in writing at the dweUiog-house of such per*
QOfi, 9MI refiise or neglect to do, or cauae to be done, any service or woric regarding the
jioiice, which, by any rule made at aforesaid, he or she may be required to do, it shall and
ii»ay be lawful fpr any justice or justices, before whom the complaint shall have bee»
^roiight, to direct tl^e rpad-ipaster for that division, or any constable, to employ some other
person, for reasonable cqnsideratipn, to perform such service or work so refused or neg*
leeted to be dpne ; and the person who shall have disobeyed such rule or order, shall,
oyer and ^bove the peqalty annexed to the breach of the same, pay such reasonable sum
as ^hail l^ve been allowed to the person who pH^rfermed the service or work in his or- her
stead ; which additional sum shall be levied in like manner as is herein provided bk respeet
to the penalties for offences against this act.
VII. And be it further enacted by the authority aforesaid. That every such rule and
regulation so made as aforesaid, before it shall have effect, shall be published in some
public paper in the said town, and i^so be posted up in three or more public places in the
s^d toivp.
Maimer of proceedliif ,
in case of aoj penon
refusing to ^ — —
vfusinc
raehrnlea.
•or pen
penbfmi
nqoiredby
Manner of pnblialiing
■ach nikaf Ite.
eiiapter XH^XI.
An act for the rdiefof Hiram Spu^ord.
[AUoiTpaMiin *UK irapl< ^ tniT«r«e any ij^iOfiaition of office aflecti^f hif catate, (vis. tv<
2,tctttfcetoee«alM,anatizacre9, parts of ^-"- ^-~* '^ " "- ' #▼-- -^— ^ -^ -
of lota land 2, tenth concession, of Lans^lown,) under
r1^182?^ctf
Chapter XXXfl.
Ajfk ptci tq^ authorize the justices a^the peace of the ]^idlan4 distfiict tq loan afurih^^um
of money J /or the purposes therein! mentioned,
[Passed Jani|ai7 19, 1824.]
Wir^ULis it appears by the petition of the magistrates of the Midland district, that tb^
Slim of money they are authorized to borrow, by the provisions of an act pa^sed^ ui th^
second year of his M^esty's reign, entitled, ^^ An act to authorise his. Majesty's justices
of the peace for the Midland district, to obtain by loan a si^m of money for the purpose qi
erecting a gaol and court bouse in the town of Kingston," is insufficient for the purposes
therein mentioned ; be it therefore enacted by the King's mpst excellent Majesty, by an4
with the advice and consent of the legislative council and assembly of the provii)ce of Uppei;
Canada, constituted and assembled by virtue of and under the authority of an act paasedi
in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act parsed
in the fourteenth year of his Majesty's reign, entitled, ' An act for making iQore effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
santie, That the magistrates of the said Midland district may, and they are hereby autho-
rized and empowered, at their discretion, to borrow a sum of money, not exceeding one
thousand pounds, in addition to the sum of three thousand pounds, which tbey are by the
aforesaid law authorized and empowered to borrow: Provided always, That any sum or
sums of money, so borrowed by the said magistrates, under the authority of this act, shall,
be appropriated and applied in the same manner and be redeemed by the like means, as
are pointed out and enacted by the law hereinbefore mentioned.
lUe.
Reciting ad Geo. IT,
(8eelitWii;IV,o7:>
Josticea of tbe Midland
district anthorixed t^
raise a loan not exceed-
ing £1000 in addition,
for Irailding a gaol and
courthouse.
Monej so raised, how
appropriated and ip-
Ag^ 4Mfil to olteTj €fm^wly and repeal part of an act paaued in the fourth yee^of his Ma-,
jesiy*s reign^ entitled, '^ An act to provide for the erection of a gaol and court kowee
m and for the Home district.^'*
. [BaisodJaanarytairllftiJ
VYhjIII^S l)y an aat passed in the fourth year, of his Majesty's reign, entitled, ^^ A»
act>tc» provi^ fi>r the emotion of a gaol and court house in and fiu- the Hoqie district,'' it<
Digitized by vnOOQ IC
Preamble.
C. 84, 35. — FojJtLTB YsAR of Obobob IT. — i
[F6awaa
B«MtH«4ftk Gm. it. ifl enaeted in the second clause, that the same shril be under the like limitations md
^ restrictions as are required by the eighth and ninth clauses of an act passed in the tfairt j-
(8eefthGM.l7, e4.) secood year of the late King, entitled, ^^ An act for building a gaol and court house within
every district within this province, and for altering the names of the said distriets ;" and
whereas it has been found impracticable to complete the building of the said gaol and
court house within the period limited by the last recited act ; be it therefore enacted by
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provisios for the
Svemment of the said province,' " and by the authority of the same. That so much of
e second clause of an act passed in the fourth year of his Majesty's reign, entitled, '^ An
act to provide for the erection of a gaol and court house in and for the Home dfetriet,"
as directs its operation to be under the limitation of the ninth clause of the said before
recited act passed in the thirty-second year of his late 'Majesty's reign, shall be, and the
same is, hereby repealed.
2d ekue 4tk Gm. rV,
e 24, M i«nrd« the
Stk eUue 82d Geo.
HI, c 8, repealed.
Plreemble.
CertaiB penona there-
in tiB«**>** MM tnuteet
for tbe pretbyteriaa
eoi^gregetion, to pur-
ehMehndf intrast.
Trustees, how to be
chosen and appointed.
Cbapter XXXIV.
An act to enable the preabyterian congregation of York to purchase one or more parcels
of ground^ sufficient for the erection of a church and burying ground.
[Passed Janoaiy 19, 1824.]
Whsreas Jesse Ketcbum, William Stevenson, Peter MThail, Harvey Shepard, and
John Ross, on behalf of themselves and others, members of the presbyterian congre^-
tion, resident in the town of York, have, by petition, requested a legislative authority to
enable the petitioners, as trustees in this behalf, and the trustees hereafter to be chosea
annually by the said congregation for the same purpose, to purchase one or more con-
venient parcel or parcels of ground in the said town and township of York, and to bold
the same in perpetuity, for the erection of a place of worship, with other necessary
buildings, and a burying ground ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, *An
act for making more efifectual provision for the government of the province of Quebec, io
North America, and to make further provision for the government of the said province,' "
and by the authority of the same. That it shall and may be lawful for the said Jesse
Ketcbum, William Stevenson, Peter M'Phail, Harvey Shepard, and John Ross, or any
two or more of them, as such trustees, and their successors in office, annually to be chosen
by the said congregation, in all times hereafter, according to their present mode of vote,
by the pew holders, for the time being, to purchase, have, hold, receive, and take, a con-
veyance of any such convenient parcel or parcels of ground in the said town and town-
ship of York, not exceeding three acres in the whole, as they may be enabled to contract
for, for the purposes aforesaid ; and that it shall and may be lawful for the said trustees,
so purchasing such parcel or parcels of ground, and their successors, as aforesaid, to have
and to hold the same to and for the uses and purposes aforesaid, in perpetuitj- for ever.
II. And in order to prevent the failure of such estate in succession, be it further enact-
ed by the authority aforesaid. That the trustees for the time being, and their heirs, shall
continue to be the trustees for the purposes of this act, till the new election of others, as
hereinbefore mentioned, notwithstanding the expiration of the year for which such
trustees for the time being may have been chosen.
PkcaaaUe.
Chapter XXXV.
An act to enable the justices of the peace of the district of Johnstown to erect a new
gaol and court house^ or repair theoldxme, and to erect new bridges over Vonge and
Irish creeks.
v[Ftesed JamiaiylS^lSM.]
Whereas it appears by the petition of the grand and petit jurors, at the last assizes
holden in and for the district of Johnstown, that the gaol of the said district is insufficient
for the safe keeping of prisoners, with a proper regard to their health and morals ; and
Digitized by VrjiJOV IC
PjtKJAHtNT.]
C, 35.— FouBTH Year of Gaosos IV*— 1834.
S8t
-wheeeaa it- alio appears bj the petitions of other iDhabitants of the said district of J<^s^
tcfwiky thai the Inridge across the Yonge creek, io the township of Yonge, and also the
bridge across Irish creek, in the township of Wolford, in the said district, are almost
impassable, and that the statute labor is wholly insufficient to erect new, or repair the old
ones, and that the funds raised by the present assessments of the said district are inade-
quate to the purposes aforesaid ; it is therefore expedient that a sum of money, sufficient
to defray the expense of ereating a new, or the extension and repair of the present gaol,
and also the erecting of new bridges across the said creeks, be raised and levied by an
additional rate upon the inhabitants of the said district ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
tmder the authority of an act passed in the parliament of Great Britain, entitled, '^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North Amenea, and to make further provision for the government of the
said province,' " and by the authority of the same. That the justices of the peace for the
district of Johnstown, in general quarter sessions assembled, in the month of February
next, shall be authori^d, and they are hereby authorized, by such means as to them shall
seem most fitting and convenient, to "procure different plans and elevations of a new gaol
and court house, or for the extension and reparation of the old one ; and also plans and
elevations of bridges to be built across the said creeks, or either of them, to be laid before
them for the purpose of selecting and determining upon one of the said plans and eleva-
tions for the said gaol and court house, and for each of the said bridges, which shall be
approved of by the greater part of the said justices then and there assembled, as afore-
said.
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for any two or more of the said justices, sO assembled as aforesaid, in the name and on the
behalf of the inhabitants of the said district, to contract, and they are hereby enabled
and authorized to contract, with any person or persons who shall be willing to build the
said gaol and court house upon the ground allotted for that purpose in the town of Brock-
rille, or extend and repair the old one ; or who shall be willing to build the said bridges,
or either of them, at any one of the places at which a bridge has heretofore been built, to
be determined upon by the said justice, so assembled as aforesaid, according to the plans
approved of, as aforesaid, for the said gaol and court house, and bridges ; and for that
purpose the said plans and elevations shall remain and continue in the office of the clerk
of the peace of the said district for general inspection ; and public notice shall be given
io some newspaper circulated in the said district, to all persons willing to contract for the
building of a new gaol and court house, or for the extension and repair of the old one, and
for building the said bridges, to deliver in, within a certain limited time, written proposals
or offers, (sealed,) of the sum of money for which he or they will engage to build such
gaol and court house, or extend and repair the old one, or build the said bridges, or
either of them, conformably to certain articles and conditions to be agreed upon by the
said justices then present, as aforesaid ; and that the said justices shall, on a day for that
purpose previously to be fixed, openly examine the said proposals, so delivered in as
aforesaid, and shall be empowered to contract with such person or persons as shall offer
to undertake and perform the works, or either of them, upon the most advantageous terms
to the district : Provided, The person or persons making such proposals, shall give good
and sufficient security for the due performance of their contract ; and. Provided also.
That the said bridge to be built across Yonge creek aforesaid, shall be built of stone, qr
some other durable materials.
III. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said justices, in general quarter sessions assembled, to levy, by assessment
to be made on each and every inhabitant householder in the said district, in the same
manner and form as by law any assessment may now or hereafter be levied for any public
purpose in the said district, for not more than five successive years from and after the
passing of this act^ an additional' rate, not exceeding one penny in the pound, to be applied
for the purposes hereinb^re mentioned, and not otherwise.
IV. And be it further enacted 'lijf the authority aforesaid. That it shall and may be law-
ful for the said justices, assembled as aforesaid, in February next, by an order of court,
to authorize and direct the treasurer of the said district to raise by loan from such person
or persons, bodies politic or corporate, who may be willing to lend the same on the credit
of the district, a sum, not exceeding two thousand five hundred pounds, to be applied for
the purposes hereinbefore mentioned, and not otherwise.
V. And be it further enacted by the authority aforesaid. That the money so borrowed,
under the authority of this act, shall not bear greater interest than six per centum per
annum, and that the treasurer of the said district, for the time being, shall annually, until
^^ Digitized by
MagHtrateBofthe dis-
trict of Johnstown to
procure plane of gaol
and conrt hoa«a to^ he
erected in saiddietriet,
or the repair of the old
one ; and plane of
bridres to be eieeted,
&c.
And maTContnet for
the bnilmng or reparaF
tionoftheaame;
after notice given in
tome newspaper in said
diitrict.
Persona making propo-
sals must give secunty.
Juatice» in session al-
lowed to lery an as-
sessment.
Not to exceed five
years, and not more
than one penny in
pound.'
Uie
May
exceeding £2,600 for
purposes of this act.
Not more than six per
cent, interest to be paid
for said loan.
Google
S90
[F.
C. 36.— FovRfH Ykae of Gsokob IV. — ISM.
the loan so raised, with the interest accruing thereon, shall be paid and diadiarged^ apply
towards the payment of the same a sum not less than five hundred pounds, from and o«t
of the rates and assessments coming into his hands under the authority of this act.
Preamble
John Putman Clement
allowed to tnyene
withm six months any
inquisition affecting
certain land in Niagara.
If judgment be given
for traverser, commis-
sionera under 54thOeo.
Ill, c 9, shall give a
deed for the frame;
^\ hich beinc regiatered
if. ^ix montns, shall be
valid.
Nothing in this act to
hinder any assignee of,
or purehaser,to recover
the purchase money.
Comaiationcrs to re-
pay the original pur-
chaser the purchase
money, with interest
How paid.
Chapter XXXVI.
An act for the relief of John Putman Clement.
[FMi«d JflMMiy 1^ 18M.]
Whereas, under the operation of an act of the parliament of this utmoee, poseed in
the fifty-eighth year of the reign of his late Majesty, King George the Third, eotiUed,
'^ An act for vesting in commissioners, the estates of certain traitors, and also the estales
of persons declared aliens, by an act passed in the fifty-fourth year of liis Majesty^sreisi,
entitled, ^ An act to declare certain persons therein deseribed, aliens, and to vest theie
estates in his Majesty, and for applying the proceeds thereof towards compensating the
losses which his Majesty's subjects have sustained in consequence of the late war, and
for ascertaining and satisfying the lawful debts and claims thereupon,' " the estate, in fiitj
acres of land, being the south half of lot number one hundred and seven, in the township
of Niagara, formerly occupied by one John Putman Clement, claiming to be the Ugil
proprietor thereof, has been vested in the commissioners appointed under and by virtue of
the said act, and sold by them as therein directed ; and wnereas the said John Putman
Clement has by bis petition set forth, that he was prevented by misapfHrehensioii frsm
traversing the inquisition in due time, by virtue of which the said lands becanae so for*
feited, and that the person who purchased the same at the sale of the said eommissioneni
was cognizant of his title to the said land, and that the same was erroneously retumed as
forfeited ; and whereas it is desirable to afford to the said John Putman Clemcot an
opportunity of exhibiting his claim to the said land, and trying the merits of such daim ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the provinee of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, ^ An act for making more effectual provisiou
for the government of the province of Quebec, in North America, and to make fiirtiier
provision for the government of the said province,' " and by the authority of the same,
That it shall and may be lawful for the said John Putman Clement, at any time within six
months from the passing of this act, to traverse all or any inquisition of office, wheiabgr
the real estate in the said land has been vested in his Majesty and the committsioiieia
aforesaid, as forfeited.
II. And be it further enacted by the authority aforesaid. That if judgment be given ibr
the traverser, upon his plea, it shall and may be lawful for the said commissioners, upon
proof being produced to their satisfaction, that the purchaser of the said land, at the sale
thereof by the said commissioners, or other person holding the same at the time of passiag
this act, was at the time of his acquiring the same, cognizant of the titles of the said Joba
Putman Clement thereto, and that the same was erroneously returned as forfeited, upon a
transcript of the said judgment, under the seal of the court, being filed with them, to exe-
cute a deed of bargain and sale to the said claimant of the lands in fee sim|de ; which deed,
being fully registered in the register office of the county, within six months from the dale
thereof, shall be good and valid in law, notwithstanding the former deed thereof by them
given, and shall vest the estate in the said land in said claimant, any law, matter, or thing,
to the contrary thereof notwithstanding : Provided always, nevertheless, That nothing in
this act contained shall be construed to deprive any person or persons who, before the
passing of this act, may have purchased the said land, or any part thereof, from the pur-
chaser or purchasers thereof, at the sale, by order of the said commissioners, or from any
assignee or assignees of such purchaser or purchasers, of his or their right to recover by
law the amount of purchase money which shall have been paid by him or them for the
same, to such purchaser or purchasers, or assignee or assignees, respectively.
III. And be it further enacted by the authority iUnmM^ TliiH it shall and may be lawful
for the said commissioners, out of the monies now in the hands of the special receiver
appointed under and by virtue of the above recited act, to repay the purchaser or pur-
chasers of the said land, at the sale thereof, by order of the said commissioners, the
monies paid and advanced by them for the purchase of the said lands, or any part thereof,
together with the interest thereon accrued and due ; and that for this purpose the said
commissioners shall and may issue their warrant or debenture on the said special receiver,
in favor of the said purchaser or purchasers, which warrant or debenture, when paid, sbaD
be a sufficient discharge of the said special receiver* ^^ ^
Digitized by vnOOQ IC
lUiOJRB PAALUllBlfT.]
C. OT,-*FovBTH Yka» op GfiOROJB IV.— 1824.
IV* And be it farther enaieted by the authority aforesaid. That if any purchaser or pur-
ehasers of the qaid property hath or have, since the sale thereof, by order of the said
cominissisDeni, and before the passing of this act, erected any buildings thereon, the
traverser of the said inquisition, if he shall succeed in his traverse, shall, before he shall
be entitled to take possession of the premises, under any conveyance to him thereof made
by the said commissioners, under the directions of this act, pay to the persons entitled
thereto, such sum of money as the said commissioners shall determine to be the value of
such buildings, as aforesaid.
V. And te it further enacted by the authority'aforesaid, That before any traverse to
the said tnquirition shall be received or filed in the office of his Majesty's court of king's
beoeh, the said Jirim Potman Clement, or his heirs, shall enter into a bond to his Majesty,
ia the penally of fifty pounds, conditioned for the payment of all such costs as his Majesty
■nay be put onlo, in, or about the defending the said traverse, in case judgment shall be
given theremi for his Migesty, his heirs or successors, or the said John Putman Clement
flbali bdl in proaecutiiig tibe same with effect.
991
TnTtner, if h« me-
eeed, may take PMies-
siou of any buudiiig*,
upon p«ying for them.
The said John P. Cle-
ment to give feciirity
for cottt.
Chapter XXXVII.
An act to mUkarime JBtmes MiUs to cofwey to trustees a lot of land^ for the pxirpoees
therein mentioned.
[Pktaed Januaiy 19, 1824.]
Whuubas James Miles, of Vaughan, in the Home district, esquire, hath, by petition,
requested tegislatiTe authority to dispose of lot number forty-six, in the first concession of
tlie said township of Vaughan, eontaining two hundred and ten acres, for religious and
duiritftble purposes, to Aferey Miles and Robert Marsh, and the elders for the time being
of the presbyterian ooncregation of the townships of Vaughan and Markham, having a
ehurch or place of worship erected <m the said lot of land, as trustees in this behalf, and
to the elders of the said congregation, to be hereafter annually appointed for the same
purpose, and to hold the same in perpetuity for the erection of a place of worship, and
other necessary buildings, and for such other purposes as in and by the said conveyance
shall be deelmd of and concerning the said lot; be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
ecMiueil and assembly of the province of Upper Canada, constituted and assembled by
iriitue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ''An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reig% entitled, ^ An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That it shall and
may be lawful for the said Mercy Miles and Robert Marsh, as such trustees, and the
elders of the said presbyterian congregation for the time being, and their successors in
office, to be annually appointed aecoridine to their present mode, to purchase, and for the
said James Miles to convey, the said lot of land hereinbefore mentioned, and to have,
hold, receive, and take, a conveyance of the same, for the purposes aforesaid, and to, for,
and upon such other purposes, uses, and trusts, as shall by any conveyance or conveyances,
to be exee&ted and passed between the said parties, be declared of and concerning the
smtoe ; to have and to hold the same to and for such uses and purposes, to the said Mercy
M3es and Robert Marsh, and the elders, for the time beins, of the said presbyterian con-
gregation of the townships of Vaughan and Markham, and to their successors in the said
ofiee of elders of the said congregation, so to be annually appointed, in perpetuity for
ever.
J. Miles, esquire, au-
thoriseed to conrey cer-
tain lands to the per-
sons in trust, for the
iwesbyterian eongre^-
tion of Vaughan^ and to
hold iv peipetnitj.
Digitized by
Google
First Session of the ninth ProTlneial Pftrliament.
MET AT YORK, ON THE THIRTEENTH DAY OF JANUARY, AND PROROGUED ON THE THIRTEENTH
DAY OF APRIL, IN THE SIXTH YEAR OF JHE REION OF aSORGE IV.
SIR PEREGRINE MAITLAND» K. C. B^ UEDTEOrANT OOYBRIIOB.
Anno Domini ISM*
Preamble.
2d Geo. IV^ 1, 8 2, and
4Ui Geo. fV, e 20, re-
pealed.
Terms of Mtting.
At what periods the
■aaie shall commence,
and eii4 respectiTely,
CommcBC^ment of HU*
ary term, 182S.
Former proceedings
rendered valid'
Sitting of Michaelmas
term, 1824, decl»red
legal
Chapter I.
An act to remove certain dovbts with respect to the commencement of the terms of
Michaelmas in the last year, and of Hilary in this present year^ and to appoint the
periods for holding the several law terms.
{Pasted Jaowarf 17, tttS^]
Whereas doubts have arisen respecting the commencement of Hilary term in this
present year, and it is expedient to explain the same, and to repeal the laws now in force
respecting the commencement and duration of the several terms, and to make other pro-
visions in respect thereof; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative councfl and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authoritv of an
act passed in the parliament of Great Britain, entitled, " An act to tepea! certain part? of
an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making
more effedtual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same, That the second clause of a certain act of the parliament of this
province passed in the second year of his present Majesty's reign, entitled, " An act to
repeal part of and amend the laws now in force respecting the practice of hfe Majesty's
court of king^s bench," and also a certain other act passed in the fourth year of his present
Majesty's reign, entitled, " An act to alter the times of holding the terms of Hilary and
Michaelmas," shall be, and the same are, hereby repealed.
II. And be it further enacted by the authority aforesaid, That four terms or periods of
session of the court of king's bench, in this province, be appointed in each year, succee*
sively ; and that the term of H lary shall commence on the first Monday after the twenty-
fifth day of December, and end on the Saturday of the ensuing week ; and the term of
Easter shall comrrience on the Monday next after the sixteenth day of April, and end on
the Saturday of the week ensuing ; and the term of Trinity shall commence on the third
Monday in the month of June, and end on the Saturday of the week ensuing ; and the
term of Michaelmas shall commence on the first Monday of Novemjbfer, and end on the
Saturday of the week ensuing ; and that the first and last days of every term, and every
alternate day from the first, not including Sunday, be return days.
III. And be it further enacted by the authority aforesaid. That in this present year, the
term of Hilary shall commence on Monday the seventeenth day of January, and end on
the Saturday of the week ensuing, any law to the contrary in any wise notwithstanding:
and that any writ, process, entry, or proceeding, which hath been or shall be issued, b^,
or made, before the said seventeenth day of January, in which the term of Hilary, during
this present year, or any return day thereof, is described an3 set forth otherwise than
according to the provision in this clause contained, shall nevertheless be valid and effectual ;
and the commencement and end of such term of Hilary, and other return day, therein
mentioned, in any such writ, process, entry, or proceeding, shall, with respect to such
writ, process, entry, or proceeding, and all subsequent proceedings thereon, be deemed
and taken to be as it should and ought to have been, according to the periods in this clause
appointed for the commencement and duration of the said term of Hilary.
IV. And whereas doubts have been entertained with respect to the authority under
which the term of Michaelmas in the last year was holden, be it therefore enacted by the
authority aforesaid. That the said term of Michaelmas shall be held, and taken to have
been legally begun and holden, at and for the period in and for which the said term of
Michaelmas was actually begun and holden, any law to the contrary in any wise notwith-
standing.
Digitized by
Google
Nnrm PiM&SAMKNT.]
a.-^Srvn Vbab w Qbome IV.— 1825.
MS
Namber of tbarcs ex-
tended to tixteen thoa-
Breadth ef can ,
iDgiMtlu, &e. not to
' «x-
yaidf,
where Teiseb pMi
Chapter II,
An met to rtfealfort qfatid extend the pravirioM of an act passed in the fourth yeeo' of
kia present M^extjfs reign^ entUled^ ^' An acf to incorporate certain persons therein
mentioned^ under the style and title of the WsUand Canal Company. ^^
[P»Mcd Apiil 18, 1810.]
Whs&xas it is expedient to repeal part of and amend an act passed during the last ses* PfMMUe.
aion of the parliament of this province, entitled, ^^ An act to incorporate certain persons
therein mentioned, imder the stjle and title of the Welland Canal Company ;" and to ^ "^^ ^'^ ^> «
enaUe the directors thereof to enlarge the dimensions of the said canal, if they shall think
proper ; be it therefwe enacted by the King's most excellent Majesty, by and with the
adyice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and imder the authority of an act passed in
the pari^ament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fomrteenth year of his Miyesty 's rei^pi, entitled, ' An act for making more effectual pro-
vision for the government of tlMs provmce of Quebec, in North America, and to make
further provision for the government of the said province,' " and by ^e authority of the
same, That the twenty-fourth clause, the thirty-seventh clause, and so much of the twenty- ^^ G^. ^»«^«2J
fifth clause, of the said first mentioned act, as declares the number of shares shall not Ir^, npeaUd.
exceed three thousand, shall be, and the same are, hereby repealed ; and that from and
after the passing of tbia act, the number of shares to be held by the said company shall
not exeeed sixteen thousand, at twelve pounds ten shillings each.
II. And be it further enacted by the authority aforesaid, That from and after the passing
of this act, the land and ground to be taken and used for the said canal, the towing paths, exeeed eixty judi,
ditches, drains, and fences, to separate any such towing path from the adjoining lands, ^S^^^e hundred ^
shall not exceed sixty yards in breadth, except in such places where the said canal shall *^ ^^ ^ ^"
be raised higher, or cut above five feet deeper than the present surface of the land ; and
in such places where it may be judged necessary for boats and other vessels and rafts to
torn, lie, or pass each other, not more than one hundred yards in breadth, without the
consent of the owner or owners of such lands or ground, respectively, under his, her, or
their hand and seal, first had and obtained, any thing in the said first mentioned act to the
contrary notwithstanding.
in. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the president and directors of the said company, to extend the dimensions of
the said canal for the purposes of sloop navigation, if they shall see fit so to do, any thing
in the said first recited act to the contrary notwithstanding.
IV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the said company to construct a track or towing path, from the point where the
eanal firom lake Ontario intersects the river Welland, to the point where the canal leaves
the river Welland for the Gruid river, and from the point where it intersects the Grand
river, on the bank thereof, to lake Erie ; also from the point whe^e the canal from lake
Ontario intersects the river Welland, to the mouth of said river, on either bank thereof,
whichever the company may find most convenient, and from thence to fort Erie, at the
head of Niagara river : Provided always, nevertheless, That nothing in this act contained
shall be construed to prevent any person or persons whatever from having and enjoying
die use of the said rivers, or either of them, and of the banks thereof, (subject to such
regulations as may be made by the said company, for the preservation of the towing paths
or tracks aforesaid,) for all purposes, as fully, freely, and effectually, as if this act had
never been made.
V. And be it further enacted by the authority aforesaid. That the authority given to
the said company, in the third clause of the said recited act, to construct reservoirs, shall
be construed to authorize them to execute the said reservoirs, (in the manner pointed out,)
on the line of the canal, if to the said company it shall seem expedient.
VI. And be it further enacted by the authority aforesaid, That so much of the twenty-
ninth clause of the said recited act as requires the election of five directors, be, and the
same Is, hereby repealed ; and that the said company shall elect in manner, and at the times
pointed out by the said act, seven directors annually, (one of whom shall be president,)
to manage the affairs of the said company.
VII. And whereas doubts may be hereafter entertained with respect to the direction by
which it was intended the said canal should be conducted, in order to entitle the said
company to the privileges extended by the above recited act, the same not having been
otherwise declared in the said acT, than by reference to the report of Mr. Hiram Tibbet,
engineer ; be it therefore ftirther enacted by the authority aforesaid, and declared. That
the route along which the said canal shall be conducted, shall be as follows, that is to
say ; that part thereof which is to connect the river Welland with lake Ontario shall
Gual may be « ^
foriloop BttngatioB.
Compeny may ee»>
ttruet towiBc natha
alnnr tke banK of the
WeUaDd rirer, t^
Grand rirer near na
mouUi, and along tha
Niagara rirer to fort
Erie.
Prariso.
ReaerFoin maybe ce»-
■trueted on the line of
the canal.
Seren direeton to be
chosen annually.
Line Of Uw
fined.
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S»4
iSotttealUnd bjrTth
GM.IT,el9.)
C. 3.— Sixth Yxar or Gmmb iy.~18S5.
[FkMHt
ProTJto, that fonner
■toekhQlden may with-
draw their tuDicrip*
tione within three
moothj.
Towing ^tht on riven
not to interfere with
private rigfati.
Company to caose the
moutni of the Grand
river and Twelve-Mile
ereek to he inrveyed,
and to aceeitaan wheth-
er harbon can be con-
atneted thera.
Fnndflofthe company
to be deposited with
tte Upper Canada bank
Fondf of the company
not to be appropriated
to porpoiee unconnect-
ed witn the making the
canal, withoat the con-
tent of the atockhold-
Fntore direeton mntt
hold stock to the a-
mount of twenty shares
The hon. J. Irvine and
8. McOillivray, esq.
appointed directors tor
the year.
Ratio of voting.
H. M. government may
purchase the canal af-
ter fifty years, nnder
certain regulations.
After the governmeot
assume the canal, ac-
count of toll and profits
to be laid annuaUy be-
fore the legislatnre»and
to be accounted for
through the lords com-
missioners of his Ma-
jesty's treasury.
eommenee at John Brown's farm, on the river Welland, in the township of ThorcM^
passing down the valley of the Twelve-Mile creek, and terminating in lake Ontario, at the
mouth of the said creek, such being the route iiurveyed and reported by Hiram Tibbet,
engineer, before the passing of the said act, and referred to in the nineteenth seetioD
thereof; and that part thereof which is to connect the river Ouse, or Grand river, with
the river Welland, shall commence at or near Broad creek, on the Orand riVer, and ter*
minate at or near Misiner's mills, on the forks of the river Welland : Provided alwajs,
nevertheless, That if within three months after the passing of this act, any stockholder
in the said company shall, by instrument in writing, executed in the presence of one tir
more witnesses, under their hands and seals, declare to the president and directors of the
said company, that they would not, under the provisions of this act, have taken shares in
the said canal, such stockholder shall be considered no longer liable to pay his subscrip-
tion, or any part thereof; and upon repayment to him of such instalments as he may have
paid, his shares shall thenceforth be forfeited.
YIII. And be it further enacted by the authority aforesaid. That nothing herein con-
tained shall be construed to authorize the said company to construct such track or towing
path, as herein mentioned, in any manner to interfere with or prejudice the property d
any person or persons, having mills, store houses, wharves, or other buildings, on the
banks of either of the said rivers*
IX. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the directors now chosen, to procure without delay a survey to be made of the
harbor at the moudi of the Grand river, on lake Erie, and of the entrance into the Twel?e-
Mile creek from lake Ontario, by an able and experienced engineer, in order to ascertain
whether secure and capacious harbors can be constructed for sloops and schooners,
intended to pass through the said canal, at an expense which will not occasion the whole
estimate to exceed the amount of stock which the said company are by this act authorized
to hold.
X. And be it further enacted by the authority aforesaid. That the whole amount of
stock now paid in, and remaining on hand, and such as shall hereafter be paid in upon the
subscription of the said company, shill from time to time be deposited in the bank of
Upper Canada, and there placed to the credit of the Welland caned company, to be with-
drawn only by order of a board of directors, signed by the president or vice president,
and countersigned by the secretary of the board for the time being.
XI. And be it further enacted by the authority aforesaid. That no part of the funds of
the said company shall at any time be appropriated to any purpose unconnected with the
making the said canal and the navigation thereof, unless upon specific estimates submitted
to a general meeting of the stockholders, to be legally called and approved of by a ma*
jority of the stockholders attending such meeting, or by his or their agent or agents, dulj
authorized to act in his or their behalf.
XIL And be it further enacted by the authority aforesaid. That at and after the next
general election of directors, no person shall be eligible to be a director of the aaid com-
pany, who shall not be a stockholder in the said company to the amount of twenty shares,
any thing in the twenty-ninth clause of the said act passed in the fourth year of his
Majesty's reign, to the contrary notwithstanding.
XUL And be it further enacted by the authority aforesaid. That the honorable James
Irvine and Simon M'Gillivray, esquire, in addition to the five directors already eleeted,
shall constitute the directors of the said company till the next general election, aiiy thing
in the twenty-ninth clause of the said recited act to the contrary notwittistanding.
XIV. And be it further enacted by the authority aforesaid. That the holder of five
shares shall be entitled to one vote ; the holder of twenty shares to two votes ; the
holder of fifty shares, three votes, and the holders of one hundred shares and upwards,
four votes, at all general meetings of the stockholders.
XV.
XVI.
I [Repealed by 1st Will. IV, c 18.]
Chapter III.
An act to make good certain moniea advanced by his Majesty ^ pursuant to the address
of the house of assembly at the last- session of parliament to his excMmcy the Ueu-
tenant governor.
(Ofantiiic jS2,016 9s. 4d. to make goo4 the like sum adraioed to meat the eootiafeBl espCBsei of the li^ubtue i» the
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C. 4, 5» 6.—S1XTH Ybae or Obobqk IV.— 1835.
Cbapter IV.
An act ta mUhorize the JwiieeB 0/ tHe Home digirua to raise a further sum by loan, to
be appUod in compMing a gaol and court house for the said district
[Ptiated April 18, 1826.]
' Wrxrsas it appears by the petition of the justices of the peace for the Home district,
in adjourned quarter sessions assembled, that in order to complete the gaol and court house
for that district, it would be necessary to raise bj loan a further sum, in addition to that
wliich the justices are now authorized to borrow ; be it therefore enacted by the King^s
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the jH-ovince of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled,
^* An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, * An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,'" and by the authority* of the same, That it shall and may be law-
ful for the justices of the peace in and for the Home district, in general quarter sessions
assembled, in the month of May next, or at any subsequent general quarter sessions, or
adjourned session, by an order of court, to authorize and direct the treasurer of the said
district to raise by loan, from such person or persons, bodies politic or corporate, who may
be willing to lend the same on the credit of the district, a sum not exceeding two thousand
pounds, to be applied in the same manner as the monies authorized to be borrowed by an
act of the parliament of this province passed in the fourth year of his Majesty's reign,
entitled, ^ An act to provide for the erection of a gaol and court house in and for the
Home district'*
II. And be it further enacted by the authority aforesaid. That the money so borrowed
under the authority of this act shall not bear greater interest than six per centum per
annum, and that the treasurer of the said district for the time being shall annually, until
the loan so raised, with the interest accruing thereon, shall be paid and discharged, apply
towards the payment of the same a sum not less than one hundred and fifty pounds, from
and out of the rates and assessments coming into his hands for the use of the district, as
aforesaid.
(6M4t]iGeo.1V,e88.)
Preamble.
Jaiticei of the peace
for the Home district
may direct the treaau-
rer to loan £2,000, to be
applied toward! t e
erection of a gaol and
court hoiue.
A ram not leu than
£150 to be applied aa.
mially towards the li-
^dation of the eaid
Cbapter V.
An tfcf to provide for ascertaining and establishing the division Kne between the toum'
Mps of Ancaster and Flamborough West, in the district of Gore.
[Passed April IS, 1626.] .
Whxrkas doubts being entertained respecting the boundary line between^ the town-
ships of Ancaster and Flamborough West, in the district of Gore, it is expedient and
proper to have the same ascertained and established ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, '^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
'An aet for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said pro-
vince,' " and by the authority of the same. That it shall and may be lawful for the gover-
nor, Ifeutenant governor, or person administering the government of this province, to direct
the surveyor general to cause such boundary line to be run out and ascertained, in con-
ibnnity with the (original survey of the said townships.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the said surveyor general, and he is hereby required, when and so soon as he shall
have caused the said boundary line to be run out and ascertained, to have certain and •per-
manent boundaries placed at the governing points thereof; and that the line so run,
ascertained, and marked out, by the placing of such boundaries, shall be considered as the
permanent and established boundary line between the said townships.
Preamble.
The governor, Stc. to
direct the •onreyor g^
neral to came the bonn-
dary line between An-
casterand Flamborough
Wett,to be ascertained.
Permanent bonndariea
to be placed, and the
goyemmg pointe and
•uch line to be conei-
dered the tme line.
Chapter VI.
An act for the better regulating the assize, and fixing the price of bread, in the several
police towns throughout this province.
[Paseed April 18, 1886.]
WmeiiBAS it is necessary to make more effectual provision for regulating the assize, and Preamble.
fixing the price of bread, in the several towns throughout this province, and more parti-
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C. inrSvam YuAB, ow Osmos IY.^182S.
[SVmv
Jufticei of Ae peae«
to aoMt OB ik^i 1st and
8d SaturdftT in each
month, and &l the price
of bread until the next
half monthly meeting.
If BO meeting held, for-
mer asrixe to contiBBe.
Clerks of the maricet
to ke^ a dail J aeeoont
of the prices of floor
■old in tiie maricet, and
eachibit the same upon
ottth to anytwo justices.
Tlie assized statement
of the price of floor for
the fonrteen days pre-
Tioas shall be the gnide
for the jnsliees kt assi-
BBg the prieeof bffcad.
Within twenty-fonr
hovrs after the assize
is established, clerk of
the market shall aflix a
notice thereof on the
market house.
PenaltjT for disobeying
the assize.
Biiode of conviction.
Application of fines.
eularly to define the same ; be it therefore enacted hj the King^s moat excellent Majesty,
by and with the advice and consent of the legislatiye council and assembly of die province
of Upper Canada, constituted and assembled by virtue of bxA under the autfaonky of m
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of Uie province of Quebec, in North Ammca,
and to make further provision for the government of the said province,' " and by the autho-
rity of the same, That from and after the passing of this act, it shall and may be iawfiil tor
such of his Majesty's justices of the peace, residing within the limits of any town in this
province, where a police is now or hereafter may be established, or residing within the
limits of the division constituted, for the time being, for holding a court of requests in said
town or towns, to assemble on the first and third Saturday in each month, at the court
house, in each and every of the said towns respectively ; and two of the «aid justices,
being then and there present, are hereby authorized and required to assize and fix the
price of bread ; and if more than two of the said justices being then and there preaeot,
the majority shall fix and determine the same for each ensuing intermediate period, or if
any default shall be made by reason of the non-attendance of the said justices, or in ease
no change, alteration, or modification, be found necessary, then the last assize made shall
continue to be in full force and effect until the same shall be varied and changed by a new
assize, in manner above mentioned.
II. And be it further enacted by the authority aforesaid. That the clerk of the nark^
in each and every police town in this province, is hereby required to keep a just and fair
statement in a book, to be kept by him for that purpose, of the daily priee or jMiees of
flour exposed and offered for sale in such market whereof he b appointed eleck, and
exhibit the same to any two of his Majesty's said justices of the peace for the town ar
towns aforesaid, and melke oath of the correctness of the same, if required.
III. And be it further enacted by the authority aforesaid, That the aforesaid statement
of the average price of flour for the fourteen days f»>evious, so exhibited, shall be the rule
and guide for the said justices of the peace, to assize and fix the price of l»ead iiN- the
ensuing fourteen days, due regard being had to the existing price of flour, fuel, wd labor,
in each of the said towns.
IV. And be it further enacted by the authority aforesaid. That within twenty-four hours
after such justices of the peace shall have so assized and fixed the price of bread, the
clerk of the market shall affix a notice thereof in some conspecuous place on the market
house, in such police town or towns, as aforesaid.
y. And be it further enacted by the authority aforesaid, That each and eveiy bakor
who shall wilfully and negligently disobey, or refuse to conform to, such assise and priee
so fixed as aforesaid, shall be liable to a fine of ten shillings for each and every offence so
committed* upon conviction thereof before any two or more of his Majesty's jostiees of
the peace, upon the oath of one or more credible witness or witnesses, to be levied bj
waiTant of distress and sale, under the hands and seals of such justices of the peace, ct
the goods and chattels of such offender or offenders.
VI. And be it further enacted by the authority aforesaid, That all fines imposed and
collected under the authority of this act, shall be applied by the justices of the peace in
the same manner as the funds collected for police purposes, within the town or towns in
which the said offence or offences shall be so committed.
Preamble.
Reciting 59th Geo. Ill,
e7.
(Bee 9th Geo. IV, e 8.)
An Act,
To amend and make permanent a certain act of the parliament of this province passed
in the fifty-ninth year of the reign of his late Majesty King George the Thirdy enti-
tledj " An act to repeal the several laws now in force relative to levying and coUecting
rates and (%ssessments in this province^ a/nd further to provide for the more equal and
general assessment of lands and other rateable property throughout this province^^^
and to render more effectual the several laws of this province^ imposing rates and
assessments^ by providing under certain restrictions for the levying such rates and
(assessments, by the sale of a portion of the lands on which the same are charged.
[The rojal assent to this hill was promulgated hy proclamation, under the great seal of the prorince, bearing date the
fourth day of April, 1826.] »r ^ j *> s r , »
Whkreas it is expedient to make perpetual a certain act of the parliament of this pro-
vince passed in the fifty-ninth year of his late Majesty's reign, entitled, ^^ An act to repeal
the several laws now in force relative to levying and collecting rates and assessments in
this province, and further to provide for the more equal and general assessment of lands
and other rateable property throughout this province,'' except such parts thereof as are
hereby repealed, and to render more certain the due collection of such rates and assess*
Digitized by VniJOVJ IC
NuMS PibmUAKSHT.]
StXTH YsAR of GrBORGE IV. — 1825.
»97
SMk Geo. Ill,
28,rapeaied«
• T.f
Otmert of towuiupg
to make returng of tne
mUTBjed parts thereof/
for oegleet or
Mode of
penaltiea.
re€OTenng
osents as ure tBipaaed upon luids in this province, by providing for levying, und^r
certain restrictions, the assessments which may remain in arrear, by the sale of a portion
of the lands on which the same may be charged ; be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, '^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reigii,
entitled, * An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That the twenty-third section of the
said first recited act shall be, and the same is, hereby repealed.
II. And be it further enacted by the authority aforesaid. That the grantee, owner, or
oeeupier, of any township, block, or parcel of land, or any parcel thereof, which shall
not have been surveyed by or under the authority of the surveyor general of this pro-
vince, shall on or before the first day of July next, cause to be returned to the treasurer
of the district, in which such land lies, a schedule of such land, or so much thereof as
has been aetiudly surveyed, and of which he is the owner or occupier, designating the
same by numbers and concessions, or otherwise, according to such actual survey, or
aecording to any plan or map thereof.
ni. And be it further enacted by the authority aforesaid, That if the owner or owners. Penalty
occupier or occupiers, of any such lands as aforesaid, shall refuse, or neglect to make or ^**^-
cause to be made, such return as aforesaid, on or before the said first day of July next,
he, she, or they, shall forfeit and pay, for such refusal or neglect, a sum equal to double *
the amount of the assessment and rates imposed by the several laws of this province,
upon the number of acres owned or occupied, as aforesaid ; and for every year thereafter,
until such return shall be made as is herein required, the owner or owners, occupier or
oeeapiers, of such land, shall in like manner forfeit, fbr such neglect or refusal, double
the amount of such assessments and rates as aforesaid, in proportion to the land so owned
OF oceupied by him, her, or them.
IV. And be it further enacted by the authority aforesaid. That the several penalties
or forfeitures, mentioned in the last preceding section of this act, may be recovered upon
information and complaint before any three of his Majesty's justices of the peace for the
district in whieh the lands lie, and shall be levied by warrant, signed by any two of the
justices, who shall have heard such complaint, by distress and soJe of the goods and chat-
tels of any person or persons, refusing or neglecting as aforesaid; and that the said
penalties shall be distributed as follows, that is to say ; one half thereof to the informer,
and the remainder shall be paid to the treasurer of the district, to be appropriated in like
manner as the assessments levied for the general use of such district.
V. And be it further enacted by the authority aforesaid, That whenever any'schedule
of any township, reputed township, block, or tract of land, not surveyed under the aut))o-
rity of the surveyor general of this province, shall be returned by the owner or occupier
thereof, under the provisions of this act, the treasurer of the district receiving such return,
shall forthwith make an entry of the same in his books, and the same shall be chargeable siona for the due col-'
with assessments from the time of such return, in like manner as if returns thereof had {2£*"^2tiin^*b**'tlK
been made by the surveyor general of this province, and all and every the provisions of surveyor i
the several acts of this province, relative to the collection of rates and assessments, and
penalties for non-payment of the same ; and all the provisions of this act relative to the
levying rates and assessments in arrear, shall apply in like manner to such lands so re-
turned.
VI. And be it further enacted by the authority aforesaid, That the treasurer of each and
every district of this province, for the time being, shall, at the general quarter sessions of
the peace for each district respectively, which shall ensue next after the first day of July,
which will be in the year of our Lord one thousand eight hundred and tweAty-eight,
present to the justices in quarter sessions assembled an accurate account of all lands in
his district, upon which the assessments imposed by the several acts of this province, or
any part thereof, shall have been in arrear for the space of eight years, specifying in such
account, the lot or parcel of land, by the number, concession, and township, or otherwise,
as the same appears in the schedule furnished to the said treasurer, and specifying also
the amount due for assessments thereon, under the provisions of the said acts, and that
the treasurer of each district shall in like manner, at the court of general quarter sessions
of the peace which shall ensue next after the first day of July in each and every year,
after the year of our Lord one thousand eight hundred and twenty-eight, furnish an ac-
count of all the lots or parcels of land In the several townships, reputed townships, or
places, of hi^ respective district, upon which the assessments imposed by the said acts,
or any i)art thereof, shall be in arrear for the space of eight years.
60
Dutribwtion
ties.
RetoniB to be entered
by the seTend tfeafV-
ren, and the lends so
returned to be thence-
forth, ehurgeeble with
(Rfipeded hj 9th Qto.
Treasurers of districts
to 'report to the quarter
sessions, aU knds upon
which the assessment*
shall be eight years in
arrear, after ^Ist July^
1828.
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8d6
Sixth Ybab of Gsoeob IV.— 1825.
[Fan SaflH^jiy
Cleriu of the pMc« to
moke out write for the
levyiagthe asseitmentii
by tale of a poHioa of
the huida apon whieh
the aMAiemcnii are
ehai^geable, if no dia-
trese be found thereon.
Write when retoxBable.
Monies leried to be
paid to treasurers.
Lands liable to sale, to
be advertised.
E^xncnse of adrertising
to be paid by the dis-
tricts.
If no newspaper, noti-
ces to be published in
the township where
land lies.
Fee.
After receipt cf writ,
sheriff to advertise
lands in Gazette and
other newspapers.
If no newspaper in dis-
trict where lands lie,
notice to be put up on
dooir of the court house.
No sale of lands .until
writ has been six
months in the sheriflTs
bands, nor out of the
township, unless inha-
bitants too few.
Manner of the sale and
terms thereof.
How lands for tale to be
apportioned.
DiseretioDary power
rested in the sheriff to
alter the mode of sale.
VII. And be it further enacted by the authority aforesaid, That Ufion such aoeounts so
to be made and rendered by the several treasurers, it shall be the duty of the clerk of the
peace in each district, and he is hereby required to make out a writ for the levying of the
assessments appearing to be due in each township, reputed township, or place, specifyJDg
in such writ the particular lot or parcel of land and the amount due thereon, which may
be in the form given in the schedule to this act annexed, marked A^ and may be signed
and sealed by the said clerk of the peace, as by order of the court of general quarter
sessions, either during or after the sitting of the said court, and shall be directed to the
sheriff of each district respectively, directing him to levy the amount therein stated to be
due, together with the fees hereinafter mentioned, by sale of such portion of the lands
and tenements on which the assessments are respectively chargeable, as may be sufficient
for that purpose, provided there be no distress upon the said lands from whence the same
may be made, and if there be such distress, then to levy the same by sale of such distress.
VIII. And be it further enacted by the authority aforesaid, That the said wrils shall
be returnable at the third quarter sessions which shall ensue after issuing the same, and
that the sheriff shall be directed by the said writs to have the monies, whieh he shiU
levy upon the same, at the said court, and that the payment of the same to the treasurer
of the district respectively, shall be sufficient to discharge such sheriff.
IX. And be it further enacted by the authority aforesaid. That the treasurer of each
and every district in this province shall cause to be inserted in tbeUj^r Canada Gaasetie,
and also in some public newspaper of such district respectively, a list of all the lots or
parcels of land which shall be returned by him in his accounts under this act, as liable to
sale for arrears of assessments, within one month after the rendering of his said aeeount,
and shall charge the expense attending the same in his accounts with the district^ and if
there be no newspaper published within any district of this province in which tlie said
lands shall be situate, then the said treasurer shall cause a list of the several lots or par-
cels of land liable to sale as aforesaid, in each township, reputed township, or place, to be
affixed in some conspicuous place in the said township, within one month from giving in
his said account, and shall charge for each list so affixed, the sum of five shiUiipgs, and no
more*
X. And be it further enacted by the authority aforesaid, That every sheriff shall, within
one month after the receipt of any writ to him directed under this act, insert a notiee in the
Upper Canada Gazette, and also in all the printed newspapers of his district, or if there
be no newspaper publish^ within his district, shall affix a notice in writii^ upon the door
of the court house or place where the courts of general quarter sessions of the peace are
usually holden, of the time and place at which he will attend to sell such portion of the
lands, on which assessments are to be levied in the several townships, reputed townships,
or places, as shall be sufficient to discharge the same ; and that he shall also cause to be
affixed in two or more places in each and every inhabited township, reputed township, or
place, a notice of the time and place of sale of the land ui^jAer this act, within such town-
ship, reputed township, or place.
XI. And be it further enacted by the authority aforesaid. That no sale of lands under
this act shall take place in less than six months from the time of delivering the writ to the
sheriff, nor shall be made out of the township, reputed township, or place, in* whieh the
lands Ue, unless the same shall be so thinly inhabited as to have no meetings held within
it for the election of parish officers, in which case the sale shall be in the township to
which the same may be annexed, for the purpose of holding its annual town meeting.
XII. And be it further enacted by the authority aforesaid, That the mode of selling
the said lands shall be by public auction, as follows, that is to say ; the amount of assess^
ments in arrear upon the said lands respectively shall be declared, and also the expenses
attending the said writ, as the same are hereinafter established, and the person who shall
offer to pay the said assessments and expenses for the least quantity or portion of the said
lands, on which they are charged, shall be considered the purchaser thereof.
XIII. And be it further enacted by the authority aforesaid. That the sheriff shall expose
to sale upon such writ as aforesaid, the several lots or parcels of land therein mentioned,
in the following manner, that is to say ; he shall begin at the front angle on that side from
whence the lots are numbered, and measure backward, taking a proportion of the width
corresponding in quantity with the proportion of such particular lot, in regard to its length
and breadth, according to the quantity required to make the sum demanded; and at every
subsequent sale of a portion of the same lot or parcel of land, under this act, shall proceed
to take a tract of equal width as the former, measuring backward from the limit of the
tract last sold.
XIV. And be it further enacted by the authority aforesaid. That in every casein which,
from the position or description of the tract, the mode last mentioned cannot be pursued,
then it shall be in the discretion of the sheriff to expose to sale such portion of the lot or
parcel of land as shall appear to him most for the interest of the proprietor thereof.
Digitized by VrjiJOV IC
PABUAMCBfT.]
Sixth Ymam of 6«oboe IV.— 18S5.
890
No greater intereet in
tke erown and eUrgj
renerre* to be sold thao
it potsetted bj the lee-
•ees.
Sheriff
sales.
may adjonm
twelre
sale, npon repayment
ef taxes, eosfs, and
tvirentypereeat. ia ad-
dition, to the purchaser.
If hmd not redeemed
within twelve months,
sheriff to complete the
saU.
SherilTscerti/icate asay
be registered in lieu of
a memorial of convey-
ance.
XV. Pnmded alwajs, nevertheless, and be it further enacted by the authority af(N^
said. That nothing in this aet contained shall extend to authorize the sale of any greater
or other interest in the reserved lands of the crown or clergy, held in lease for payment
of arrears of assessments, than is possessed by such lessee or his assignee.
XVI. And be it further enacted by the authority aforesaid. That it shall be in the power
of the sheriff to adjourn such sale from day to day at his discretion, giving public notice
thereof; and that if any purchaser shall not pay the amount declared on the day of sale,
it shall be in the power of the sheriff to re-sell the same on any other day to wdhich the ^ot'^SlddYif*^*"^*"^'
sale of such lands shall be adjourned.
XVII. And be it further enacted by the authority aforesaid, That on payment by any Porehasers to be let
purchaser under this act, of the sum declared to be demanded in respect of any lot or ^^f**'5"'**"*\22t
parcel of land, the sheriff shall give him a certificate under his hand, specifying the par- life's. ° ^^*
ticnlars of such sale, and the purchaser may forthwith go into possession of the parcel of
land, bid off to him as aforesaid ; but if within twelve calendar months from the time of q^^^ ^ ^^^^
such sale, the jvoprietor of the lot, or any one on his behalf, shall pay to the treasurer of their* lanSs^ ^^^
the district the amount levied by sale of a portion of the same, and the expense of such ^^^'^^ monUis after
levy, together with twenty per cent in addition to the same, then he shall be entitled to
resume possession of the parcel of land so sold, and the treasurer shall on demand pay
to the purchaser thereof, his executors, administrators, or assigns, the whole amount so
paid to him, and the ri^t required by such purchase shall thenceforth wholly cease and
determine.
XVIII. And be it further enacted by the authority aforesaid. That if, at the expiration
of twelve calendar months from the time of such sale, the land so sold shall not be re-
deemed as aforesaid, then the sheriff for the time being shall, on demand by the purchaser
or purchasers, his heirs or assigns, execute a Conveyance to him or them, in fee simple,
of the parcel of land so sold by public auction, under the provisions of this act, which
conveyance may be according to the form given in the schedule to this act annexed,
marked JB, or as near thereto as may be, and shall be executed by the said sheriff free of
any charge to the party.
XIX. And be it further enacted by the authority aforesaid. That before the. sheriff shall
deliver to a'purchaser any conveyance of lands, sold under the provisions of this act, he
shall deliver to the register of the county in which such lands are situated, a certificate of
such sale, under his hand and seal of office, stating the name of the purchaser, the sum
paid, the number of acres sold, the lot or tract of which the sa^ie form part, and the date
of such conveyance, and may comprise in any one certificate a schedule of all or any num-
ber of such conveyances, which certificate shall be to such register a sufficient authority
m place of a memorial, to record such conveyance or conveyances respectively.
XX. And be it further enacted by the authority aforesaid. That the register of any
county, having received from the sheriff such certificate as above mentioned, shall, on
production of any conveyance made under the authority of this act, enter on record a
transcript of such conveyance, which shall be deemed to be a sufficient registry thereof,
and for such registry and the certificate thereof, in the usual form, the register shall be
entitled to receive of the party, the sum of two shillings and six pence, and no more.
XXI. And be it further enacted by the authority aforesaid. That if any treasurer shall
delay to make the returns or accounts required of him by this act, for two courts of gene-
ral quarter sessions of the peace after that in which the same ought by this act to be
presented, he shall by such neglect, on conviction thereof at the assizes, forfeit his office,
and the justices of such district shall forthwith appoint another treasurer in his room',
according to law ; and if the justices shall neglect to make such appointment, then it shall
be lawful for the governor, lieutenant governor, or person administering the government
of this province, to appoint another in his room during pleasure, taking such security to
his Majesty, for the due performance of the said office, as to the said governor, lieutenant
governor, or person administering the government, shail seem just.
XXIL And be it further enacted by the authority aforesaid. That no omission of any
direction contained in this act, relative to notices, or forms of proceeding, previous to any
sale made under this act, shall extend to render such sale invalid ; but the person guilty
of any such omission or neglect shall be liable to punishment therefor, and shall answer
to the party for any damages occasioned thereby, in any legal proceeding that may be
properly instituted for that purpose.
XXIII. And be it further enacted by the authority aforesaid. That the monies received
by the sheriffs of the several districts, under this act, shall be by them paid to the trea-
surer of their respective districts, and shall be appropriated and applied in the same
manner as the monies collected under the said act passed in the fifty-ninth year of his late
Ms^sty's reign.
XXIV. And be it further enacted by the authority aforesaid. That the treasurer of each Fees to the treasurers
district shall be entitled to receive the^sum of five pounds, in account with the district, for
Registers
transcript
ances on
enter a
to
of convey-
record, and
grant a certincate
thereof, which shnll be
deemed a sufficient re-
gistry.
Fee to register*
neglectinr
to make returns shaU^
on conrietion, forfeit
their office; and justi-
ces may appoint anoth-
er treasurer, and upon
neglect of the jnstioes,
the goremor may ap-
point one during plea-
sure.
Sales not to be avoided
for neglect of officers
adhering to the mode
and forms hereby es-
tablished, but officers
to answer the party ag-
grieved.
Monies collected how
to be accounted for.
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400
FMitotlMd«korth«
Sixth Ymmm or Gaosox IV.— 1825.
[FiBR
•ndiheiUr.
Treaaurtn to gire re-
eeipti to penoDs pay-
ing tajMt;
»th43eo.UI,e7»tM»
wpttlkd.
(8M0MGeo.iy,e8.)
every aeeount funiished under tlus act, and maj deduct the aame (ram.to Ua own use, out
of monies paid into his hands under this act, as out of other assessments hy the lawsnow
in force.
XXV. And be it further enacted bj the aothoritj aforesaid, Thatthe cleikof the peace
in every district shall receive for each writ, which he shall make out, for the several
townships in his district, under this act, the sum of ten shillings.
XXVI. And be it further enacted by the authority aforesaid. That the dieriff of esdi
district shall and may charge the sum of seven shillings and six pence upon every sale,
for his fees of sale, and shall levy the same in addition to the sum mentioned in his writ;
and that he may retain out of all monies, to be paid over by him under this act, die sum
of three pounds for every hundred pounds.
XXVII. And be it further enacted by the authority aforesaid. That the treasurer id
each and every district of this province shall, and he is hereby required io^ give to any
person paying assessments upon lands, who shall require the same, a receipt, specifying
the amount of payment and the particular lot, portion of a lot, or other parcel of land, ia
respect of which the same is paid.
XXVIII. And be it further enacted by the authority aforesaid. That from and after the
passing of this act, the twenty-fourth section of the said act of the parliament of this pro-
vince passed in the fifty-ninth year of his late Majesty's reign, shall [be, and the same is,
hereby repealed ; and that the assessments and rates by the said act imposed may be
according to the form hereunto subjoined.
Digitized by
Google
oom>
i
UneultiTated. ^
3o5
OdtiTsted.
No. of Lot, OP other deslgnaUom (if a part describe which it i«.)
No. of Concession, or other description.
5 8
Under sixteen years of age.
Orer sixteen yean of age*
n
? 5
Under tixtaen yean of age.
Town Lots in Kingston, York, Niagara, and Qaeeoston, at fifty pounds each.
Town Lots in Brockrille, at thirty pounds each.
Sqnaivd or hewed Timber, on two sides, one story.
Additional Fireplates.
Framed, under two ston t^ .
Additional Fireplaces.
Squared Timber, two stories.
Additional FirepUees.
Briek or Stone, of one story, with not moM than two Fireplaces.
Additional Firephuses.
Framed, Brick, or Stone, of two stories, with not more than two FireplaMs.
Additional Fireplaces.
Wrought by water with one pair of Stones.
1
Additional pair of Stones.
Saw Milk.
Merchant Shops.
Store Houses.
Stone Horses, for covering Mares for hire or gam.
Horses of three years old and upwards.
Oxen of four years old and upwards.
MflekCows.
f
Honed Cattle, from two to four years old.
dose Carriages with fow wheels, kept fiw pleaaiwe.
Phatona,or other open Carriagaft kept for pleasure, only with four wheels.
Currides, Gigs, or other Carriag«, with two wheels, kept for pleamuru.
Wagons, kept for pleasure.
lb
Rate per pound.
tb
—
•
?-
SCHEDULE,
A.
District of To the SherilT of the district of
WasBBAi by the aoeount rendered by the treasurer of the said distict of to the justices of the peace for the
nid district, in general craarter sessioue assembled, according to the act of pariiament of this proTince passed in the fourth
ymr of the reign of his Mi^jesty King Geoige the Fourth, entitled, [here insert the title to lliis act,] it appears that the
iissiBaents, or aona part thereof, wUch are imposed upon lands by the scTcral statutes of this proTince^ haye been suffered
to rsmsin in airear bevond the space of eidht years, upon the lots or parcels of land hereinafter mentioned, and that the
nid lets or pareda of land stand respectireTy charged with the sums herein set forth, that is to saj; [here state the lots or
ptteds of land, with the sum charged against the same in the treasurer's accounts, so remaining m arrear, up to the expira-
tioa of the last Tear before such account was rendered .] These are, therefore, in his Majesty's name, to command you to
levy the serefaf sums of money herein mentioned, by sale of such portion of the lands on which the said assessments are
mpeetirely aharged, as may be suiBcient for that nnrpose, toother with the fees allowed by the said act passed in the
foarth year of the reign of Kiof George the Fourth, to be leried on this writ, duly obserring the directions of the said
iMt ncBtioned act, in respect oT such sale, proyided there be no distress upon the said laads respectirely, from which the
Mid seyeial sums, or either of them, may be made : and if there be such distress, then that you levy the same by sueh
diitrets, together with such fees as aforesaid, rendering the overplus, if any there be, to the owner thereof; and whatever
Fotuof wiittnseU.
Nid
youshall levy by rirtne of this writ,
district, which shall begin and be 1
haye before the court of
holden on the
irt of eeneiul quarter sessions of the peace,
day of next, together with this writ.
in and for the
Tncs£ are to witness that in consideration of the sum of paid to me by A. B., of being the purchaser at pub- Vmwi nf •lu»4C«a A»mA
witoesR whereof, I have hereto set my hand and seal of office, this
day of in the year of our Lord
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Second Session of the ninth ProTineial Parliament.
MET AT YORK, ON THE SEVENTH DAY OP NOVEMBER, 1825, AND PROROGUED ON THE THIRTIETH
DAY OP JANUARY, 1826, IN THE SIXTH AND SEVENTH YEARS OF THE REIGN OP
GEORGE IV.
SIR PKRBGRINB MAITLAND, K. C. B., LIEUTSNANT GOYfiRNOR.
Aaao DMBlBi 18S6.
Chapter I.
An act graniing to his Majesty a sum of numey for the tdUf of the sufferers in New
Brunswick by the late fire.
[P«Med December 13^ I82S.]
Most oracious Sotsreion:
Whereas the inhabitants of New Brunswick are suffering great distresses from the
dreadful ravages by the kte fire ; and whereas it is desirable to afford the said sufferers
in New Brunswick such relief as the present pressure upon our revenue will admit ; nay
it therefore please your Majesty that it mav be enacted, and be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of tibe province of Upper Canada, constituted and assemble by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, '^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the govemmeat o( the
said province,'" and by the authority' of the same. That from and out of the rates and
duties already raised, levied, and collected, or hereafter to be raised, levied, and collected,
to and for the public uses of this province, and in the hands of the receiver general
thereol^ unappropriated, there be granted to his Majesty, his heirs and successors, the
£1000 gnated tore- sum of one thousand pounds ; which said sum of one thousand pounds shall be trans-
Ueve tibesuffuen in mittcd by the govemor, lieutenant governor, or person administering the government of
kuMbM^!^be ^aii^ ^^^ province, to the govemor, lieutenant govemor, or person administering the govern-
ment of New Brunswick, to be by him applied in such manner as shall seem most
conducive to the relief of said sufferers.
II. And be it further enacted by the authority^foresaid. That the said sum of money
shall be paid by his Majesty's receiver general of this province, in discharge of such war-
rant or warrants as shall for the purposes herein set forth be issued by the governor,
lieutenant governor, or person administering the government of this province, and shall
be accounted for to his Majesty, his heirs and successors, through the lords commissioners
of his Majesty's treasury, for the time being, in such manner and form as his Majesty, his
heirs and successors, shaU be graciously, pleased to direct. .
Mittedtothe goreinor
ef Uiet pit>TiBee>
How the Mud ram ihaU
beiieidMid eeeoviiled
for.
Chapter II.
An act to prevent the operation in this province of an act of parliament^ made in Eng-
land^ in the twenty-first year of the reign of his late Majesty^ King James the Firk^
entitled^ ^^ An act to prevent the destroying and murthering of bastard chUdren^^ and
to make other provisions in lieu thereof
(pMsed Jaauliy 80, 1826.]
Whereas doubts have been entertained respecting the tme sense and meaning of a
certain act of parliament, made in England in the twenty-first year of the reign of his late
Majesty, King James the First, entitled, '^ An act to prevent the destroying and murthering
of bastard children," and the same has been found in sundry cases difficult and incoove-
nient to be put in practice ; for remedy whereof, be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, " An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ' An act for making more effectual provision for the government of the provinee
Digitized by VniJOVJ IC
Ninth Parliammit.]
C. 3.— Sbvjbiitb Ybar or Gaoaoa IV.— 1896.
of Quebec, in North America, and to make further provision for the government of the
said province,' '' and by the authority of the same, That from and after the passing of
this act, no clause, matter, or thing, in the said act passed in the twenty-first year of the
reign of King James the First, shdl extend to or be in force in this province, any thing
in the said recited act of the parliament of Great Britain passed in the fourteenth year of
his late Majesty's reign, or in a certain act of the pariiament of this province passed in
the fortieth year of his late Majesty's reign, entitled, ^^ An act for the further introduction
of the criminal law of England in this province, and for the more effectual punishment of
certain offenders," to the contrary notwithstanding.
II. And be it further enacted by the authority aforesaid, That from and after the passiI^( of
this act, the trial of women chai^d with murder of any issue of their bodies, male or female,
which being born alive, would by law be bastard, shall proceed and be governed by sudi
and the like rules of evidence and presumption, as are by law used and allowed to take
place in respect to other trials for murder, as if the said act had never been made.
HI. Provided always, and be it further enacted by the authority aforesaid, That it shall
and may be lawful for the jury, by whose verdict any prisoner charged with murder as
aforesaid shall be acquitted, to find, in case it shall so appear in evidence, that the prisoner
was delivered of issue of her body, male or female, which if bom alive would have been
bastard, and that she did by secret burying, or otherwise, endeavor to conceal the birth
thereof, and thereupon it shall be lawful for the court, before which such prisoner shall
have been tried, to sentence such prisoner to punishment in their discretion, as in case of
misdemeanor*
SlstJaiM* I,eir» to
bono Immr a IbvM Ib
ierefmelrbM*
1M
of
Wc
the
tanl ehlldrai
tried M in
nilMer
Swejom ft trial of MMh
ehuce may IBad a rer-
dietaiattkeMrdiwaa
eoneealed, wbieh flwll
subieet tke def«idHit
Chapter 1II«
Anadto dispense wUh the necessity of actually pronouncing sentence of death in certain
cases ^capital convictions.
[PMted Jamiaij 80» ISM.]
Whsrbas it is expedient to dispense in certain cases with the actual pronouncing of
sentence of death upon prisoners capitally convicted, and to allow of the same sentence
being entered of record in open court, to have the like effect as if the same had been
actually pronounced ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed in
the parliament of Great Britain, entitled, '^ An act to repeal certain parts of an act passed
ID the fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provbion for the government of the said province,' " and by the authority of the
same. That whenever any person shall be convicted of any felony, except murder, and
shall by law be excluded from the benefit of clergy in respect thereof, and the court before
which such offender shall be convicted shall be of opinion, that under the particular cir-
cumstances of the case, such offender is a fit and proper subject to be recommended to the
royal mercy, it shall and may be lawful for such court, if it shall think fit so to do, to direct
the proper officer, then being present in court, to require and ask if such offender hath or
knoweth any thing to say why judgment of death should not be recorded against such
offender, and in case such offender shall not allege any matter or thing sufficient in law to
bar or arrest such judgment, the court shall and may, and is hereby authorized, to abstain
from pronouncing judgment of death upon such offender, and instead of pronouncing such
judgment, to order the same to be entered of record ; and thereupon such officer, as afore-
said, shall and may, and is hereby authorized to, enter judgment of death on record against
such offender, in the usual and accustomed forms, and in such and the same manner as is
now used, and as if judgment of death had actually been pronounced in open court against
such offender.
11. And be it further enacted by the authority aforesaid. That a record of every
such judgment so entered as aforesaid, shall have the like effect to all intents and purposes,
and be followed by all the same consequences, as if judgment had actually been iMX)nounced
in open court, and the offender had been reprieved by the court.
The MBtaaee Ib eeitaia
caaet of capital conrie-
tiflb, maj be entered of
reeord, imtaad of beiag
aetaaDyi
Bfeet of
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4M
C. 4 — Shmrsimi Ybab ov Qmomm IV- —
{Saoosni Swmewnj
Mb GmkIIIj e l»itt-
Onleror«fa«tardaonii«
Mitftfrtg^'t treaavT, ra-
the cftaBUi^
taUie eamaey n colo-
Yalne «r tke Britiah
erowna^d dullivgde-
cfay«4.
No «w
to ro-
sbilliig ia copper mo-
ney-
BelstiTe Taliie of Bii-
tiih tilrer and copper
eoiB in prorineial evr-
aSth Geo. Ill, e 1, re-
pealed, so fiur as it u
affeet«i bj thii statate.
CSee 11th Geo. IV, e
Gliapter IV.
Anattto repeal paH of an ad passed in the thitiy-skah year of his late Mcgesty^s ^^ign,
entiOedj "iln ad for the bMer regulation of certain coins current in this protrince^^^
and to make further provision for the regulation of the British silver and copper coni-
age current in this province.
[PaMed JTanuarf M, 1886;]
Whxbkas an act was passed in the thirty-sixth year of his late Majesty ^s reign, entitled,
^^ An act for the better regulation of certain coins current in this province,^' by which it is
enacted that among other sUver coins by the said act Made current in this province, the
silv^ ooins hereinafter mentioned shall pass current, and be deemed a legal tender, at the
rates following, that is t<rsay; the British crown, at five shillings and six pence ; the British
shilling, at one shilling and a penny ; the Spanish milled dollar, at five shillings, equal to
four shillings and six pence, sterling moqey of Great Britain ; the American dollar, at five
shillings, and all the higher and lower denominations thereof in the same proportion, re-
spectively ; and whereas it appears by an official communication from his Majesty's
government, that according to the contents in pure silver, and of the value computed at
the rate of five shillings and two pence per ounce, Tjoy, of British standard, fineness of
the Spanish dollar; and also the dollar of the United States of America, are only equal
in value to the sum of four shillings and four pence, sterling money of Great Britain, and
tihat the same coins are to be issued at those rates, when the British coin is not in the
military chest, for the pay of the British troops in the colonies ; and whereas his Majesty^s
government having taken into consideration the. expediency of establishing the British
metallic currency, as the circulating medium of all the colonial possessions of the crown,
an order of his Majesty in council has been made, declaring that a tender or payment of
Britbh silver coin, to the amoimt of four shillings and four pence, should be considered as
equivalent to the tender or payment of one Spanish dollar, and so in proportioii of any
greater or less amount of debt ; and also that British copper money should be made^a legal
tender, to the amount of twelve pence in one payment, for its due and proper proportion
of British silver money ; and whereas measures have been taken by his Majesty's govern-
ment, for facilitating the currency of British silver coin within this province, an terms
highly advantageous to the holders of such coins, and in order to give effect to the inten-
tions of his Majesty's government, it is expedient to give to siieh British rilver coin its
fair relative value in respect to other silver coins, whose value has been fixed by law in
this province ; be it' therefore enacted by the King's most excellent Majestj, by and
with the advice and consent of the legislative council a^ assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act pmed
in the parliament of Great Britain, entitled, ^' An act to repeal eertain parts of an aet passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more e&ctoal
}>roviai<m for the eovemment of the province of Quebec, in North America, and to make
iirther provision for the government of the said province,' " and by the authority of the
same, That from and after the passing of this act, the silver coins hereinafter mentioned
ahajil pass corrent, and be deemed a legal tender, in payment of all debts and demands
whatsoever, in this province, at the rates following, that is to say : the British crown, at
five shillings and nine pence ; the British shilling, at one shilling and two pence ; and that
all the higher and lower denominations of the said silver coins shall also pass current, and
be deemed a l^al tender, in payment of all debts and demands whatsoever, in this pro-
vince, in the same proportion respectively.
II. And be it further enacted by the authority aforesaid. That British copper money
jihaU pass current, and be deemed a legal tender, in payment of all debts and demands
whatsoever in this province, according to the due and proper proportion of such copper
money to the British silver coins hereinbefore mentioned: Provided always, TTiat no
person shall be obliged to receive at any one payment more than the sum of one shilling
currency of this province, in copper money, and that in all payments not exceeding one
shilling current money of this province, ten pence shall be deeided equivalent to one
shilling, and all higher and lower denominations in the same proportion.
III. And be it further enacted by the authority aforesaid, That the sum of seventeen
shillings and four pence, of British silver and copper money, shall pass as equivalent and
be equal to the sum of twenty shillings of the current money of this province.
IV. And be it further enacted by the authority aforesaid, That so much of the said act
passed in the thirty-sixth year of his said late Majesty's reign, as declared the value at
which any British silver coins shall pass current in this province, shall be, and the same
is, hereby repealed.
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NnrrH I^AlttiAiteKT.]
d. 6.— S«v*f^TH YtiOL ot OnoROig IV4— 1836*
m
PnasM*.
hrttdOM ti
Cimpf er ^.
An act to encourage the progress of useful arts tjbithin this province,
[Pasted Jaauary 90, 1826.]
Wks&kas it is expedient for the encouragement of genius and of arts in this province,
to secure an exclusive right to the inventor of any new and useful art, machine, manufac-
ture, or composition of matter ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^' An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An
act for making more effectual provision for the government of tlie province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That when any subject of his Majesty, being an in-
habitant of this province, shall allege that he has invented any new and useful art, machine,
manufacture, or composition of matter, not known or used before the application, and shall
present a petition to the governor, lieutenant governor, or person aaministering the go^
vernment of the province, for the time being, signifying a desire of obtaining an exclusive
property in the same, and praying that a patent may be granted, therefore, it shall and
may be lawful for the governor, lieutenant governor, or person administering the government
of this province-, for the time being, to direct that letters patent shall be made out, under
the great seal of this province, and passed in the usual form, reciting the substance of the
said petition, and giving a short description of the said invention or discovery, and granting
therefore to the said petitioner or petitioners, his, her, or their executors, administrators,
or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty
of making, constructing, using, vending to others to be used, the said invention or disco-
very, which letters patent, so far as the same may be conformable to this act, shall be good
and available to the grantee or grantees, after the same shall have been recorded in a book
to be kept for that purpose, in the office of the secretary and register of this province, and
the same shall, when so recorded, be delivered by the proper officer to the patentee, or
his order.
II. And be it further enacted by the authority aforesaid, That any person who shall
have discovered an improvement in the principle of any machine or composition of matter,-
which shall have been patented, and shall have obtained a patent for such improvement^
shall not be at liberty to make, use, or vend the original discovery, but the improvement
only ; nor shall the first inventor be at liberty to use the improvement, and it is hereby
enacted and declared, that simply changing the form or the proportion of any machine of
composition in any degree, shall not be deemed a discovery.
III. And be it further enacted by the authority aforesaid, That every inventor, before
he can receive a patent, shall swear, or being a Quaker, Menonist, Tunker, or belonging
to the society called United Brethren, or Moravians, affirm, that he does verily believe
that he is the true inventor or discoverer of the art, machine, or improvement, for which
he solicits a patent, (which oath or affirmation may be made before any justice of the
peace,) and shall deliver a written description of his invention or imj[H*ovemettt, and of the
manner or process of compounding the same, in such full, clear, and exact terms, as to
distinguish the same from all other things before known, and to make any person skilled
in the art or science, of which it is a branch, or with which it is most clearly connected^
to make, compound, and use the same ; and in the case of any machiiie, he shall fully
explain the principle, and the several modes in which he has contemplated the application
of that principle or character, by which it may be distinguished from other inventions, and
he shall accompany the whole with drawings and written references, where the nature of
the case admits of drawings, or with the specimens of the ingredients or of the composi-*
tion of matters, sufficient in quantity for the purpose of experiment, which description,
signed hy himself, and attested by two witnesses, shall be filed in the office of the secretary
of the province, and certified copies thereof shall be competent evidence in all courts-
where any matter or thing touching patent right shall come in question : Provided always,
nevertheless. That such inventor shall, moreover, deliver a model of the machine by lum
invented, provided the secretary shall deem such model to be necessary.
IV. And be it further enacted by the authority aforesaid, That it shall be lawful for
any inventor, his executors or administrators, by an instrument under seal, duly executed,
to ass^n the title and interest in the said invention at any time, and the assignee or as^
signees, and his or their assignee or assignees, after any number of sudb assignments
subsequently made, which assignments shaU be inserted of record in the omce of the said
secretary of the province, upon propf of the execution thereof, by affidavit, made by a
subscribing witness, before any judge of the court of king's bench, or a commissioner for
51
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InT«iitor of any Mefiil
art, ac. may proeure a
patent rigbt for th«
fiow lo W applied for.
dtaeorwmt to
pateati for
Beqivitita atapa to be
taken before MOi pa-
taiiallailiaaM.
Oathi
Speeiiicaiioif to Be fil-
ed, and certified copy
to be endocaed.
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a 5.--SBTBM9H YSAR OF OSOMB IV.-^lfSS.
{S«Q«S9 Ssurov,
Renedr far nftinge-
mentor patent
Defence which may be
med in any action for
infringing a patent
right.
InterferingappUeaticnu
for palenta now deci-
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HviriwtenCg obfafned
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pffMe> mty to Taeated.
EIntry of repeal to be
made on the margin of
the enrolment.
Feea to be paid for pa-
tenta, and for lenrices
required |>y this act
taking affidavits in the said court, shall stand, and be to all intents and purposes, in the
place of the original patentee of any such invention.
y. And be it further enacted by the authority aforesaid, That if any person shall make,
or manufacture for sale, any article or composition, so invented, or shall make or mana-
factiu-e, or make use of any instrument or machinery so invented or specified, the exclusive
right of which shall, as aforesaid, have been secured to any person by patent, withonttfae
consent of the patentee, his heirs and assigns, or other lawful representative, first obtained
in writing, every person so infringing such patent, shall be liable to an action for the same,
in which, besides such damages as shall be awarded by the jur;f, the parties injured shall
also receive treble costs, to be taxed by the master.
VI. Provided always, and be it further enacted by the authority aforesaid, That if upon
trial in any such action, it shall be made apparent, to the satisfaction of the court, the
defendant having specially pleaded the same, that the specification filed by the plaintiff
does not contain the whole truth relative to his discovery, or that it contains more than is
necessary to produce the described effect, which concealment or addition shall fully appear
to have been made for the purpose of deceiving the public, or that the thing thus secured
by patent was not originally discovered by the patentee, but had been in use, or had been
described in some public work anterior to the supposed discovery of the patentee, or that
he had surreptitiously obtained a patent for the discovery of another person, then, in either
of these cases, a verdict shall be rendered for the defendant, and such patent shall be
declared void.
VII. And be it further enacted by the authority aforesaid, That in case of interferiDg
applications, the same shall be submitted to the arbitration of three persons, one of which
shall be chosen by each of the applicants, and the tliird person shall be chosen by the said
secretary of the province, or person appointed to do the duty of that office ; and the deci-
sion or award of such arbitrators, delivered to the said secretary, in writing, and subscribed
by them, or any two of them, shall be final, as far as respects the granting of the patent,
and if either of the applicants shall refuse or fail to choose an arbitrator, the patent ^all
issue to the opposite party, and when there shall be more than two interfering applica-
tions, and parties applying shall not all unite in appointing three arbitrators, it shall be in
the power of the said secretary of the province, or person appointed to do the duty of that
office, to appoint three arbitrators for that purpose.
VIII. And whereas it is necessary to provide a convenient remedy, in cases where
letters patent, issued under the authority of this act, have been fraudulently or surrepti-
tiously obtained, or have issued improvidently, or upon false suggestion ; be it therefore
further enacted by the authority aforesaid. That at any time within three years after the
issuing of any such patent as aforesaid, it shall and may be lawful for any person or per-
sons desirous of impeaching the same, for any such cause as aforesaid, to obtain an exem-
plification of such patent under the great seal of this province, and to have the same filed
by the clerk of the crown and pleas in this province, and that upon such exemplification
being so filed, the letters patent so exemplified shall be considered as remaining of record
in the court of king's bench, so that a writ of scire facias, under the seal of the said court,
may issue, grounded upon the said record, for the purpose of repealing the same for legal
cause as aforesaid, if upon the proceedings which shall be had upon the said writ of scire
facias, according to the law and practice of the court of king's bench in England, the same
shall be declared void.
IX. And be it further enacted by the authority aforesaid. That a certificate of the judg-
ment by which any such patent as aforesaid shall have been declared void, under the seal
of the court of king's bench, shall at the request of any party, be entered upon the margin
. of the enrolment of such patent in the office of the secretary and register of this province,
whereupon the said patent shall be considered to be cancelled, and made void.
X. And be it further enacted by the authority aforesaid. That every person daiming
to be an inventor as aforesaid, and presenting a petition, signifying his desire to obtain a
patent, pursuant to this act, shall pay into the hands of the secretary of the province, or
other person appointed to do the duty of that office, the like fee as is paid for other special
instruments issued under the great seal of this province, in fuU of all fees demandabie for
the said patent, and that for every copy which may be required of the enrolment of any
such patent, the person requiring the same, shall pay the fee ordinarily charged for copies
in the said office, and the further sum of ten shillings, for the affixing the great seal to the
exemplification of 9ny such patent, and that for every such certificate of judgment, as is
hereinbefore mentioned, declaring any such patent as aforesaid to be void, die clerk of
the crown and pleas shadl be entitled to receive the sum of five shillings, and the sum of
two shillings a«d six pence may be charged and taken by the register of the province for
the entry of the same, and that the said register may also charge the sum of one shilling
per folio of seventy-two words, for recording every assignment as is mentioned in this act.
Digitized by
Google
3?
PAmuuman.] C; «.— SmwnR' Yimb or GboMds IV 1896.
m
MOitia pensioB aet of
2d Cico. IV, eoDtinved
for four yean.
(Further contiaiied for
foor jeerv, by 11th Geo.
IV, e».)
Chapter VI.
An act to repeal part ofj amende and continue^ the lanoa now in farce far f&« payment of
militia pensions.
[Paised January 80, 1826.J
Most gracious Sotsrsion :
^Vbereas an aet passed in the second year of your Majesty's reign, entitled, '^ An act
to repeal an aet passed in the fifty-fifth year of his late Majesty's reign, entitled, An act
to exfriain and amend an act passed in the fifty-third year of his late Majesty's reign, enti-
tled, An aet to provide for the maintenance of persons disabled, and the widows and
children of such persons as may be killed, in his Majesty's service, and also an act passed
in the fifty-sixth year of his late Majesty's reign, entitled. An act to repeal part of and to
alter and amend the laws now in force for granting pensions to persons disabled in the
service, and the widows and children of persons who may have been killed in the service,
and to extend the provisions of the same ; and an act passed in the fifty-seventh year of
His late Majesty's reign, entitled, An act to repeal part of and amend an act passed in the
tifij-sixth year of his late Majesty's reign, entitled. An act to repeal part, and to alter and
amend the laws now in force, for g^anting pensions to persons disabled in the service, and
the widows and children of persons who may have been killed in the service, and to ex-
tend the provisions of the same, and to make provision for granting pensions to persons
disabled m the service, and to the widows and children of persons who may have been
killed in the service, or who may have died while in captivity with the enemy, during the
late war with the United States of America," is about to expire, and it is expedient to
continue and amend the same ; may it therefore please your Majesty that it may be en-
acted, and be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed in
the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual pro-
vision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
same, That such parts of the said act as are now in force, except in so far as the same are
hereby repealed or altered, shall be and continue in force for the space of four years.
11. And be it furthe»enacted by the authority aforesaid. That a list of all persons recei-
ving pen»ic»s, under the above recited act, shall be published three several times in the
Upper Canada Gazette, in the month of March, in every second year after the passing of
this act, the first publication thereof to J)e made in the month of March next, after the.
passing of this act ; and that the officer paying such pensions shall furnish an abstract
thereof for that purpose, specifying the name of such pensioners, the district in which he
or she resides, and the account on which the said pension is payable, namely, whether on
account of being disabled in action with the enemy, or as the widow, remaining unmarried,
of militia-man killed in action with the enemy, or by casualty while on service, stating the
name of miiitia-man, or as the guardian or other person acting on behalf of the child or
children of a militia-man killed in action with the enemy, or by casualty while on service,
naming such militia-man^ and also naming the child of such militia-man, stated to be still
under the age of sixteen years.
in. And. whereas certain persons have represented by petition to the legislature, that
being entitled by law to pensions, on account of disability from wounds received in action
with the enemy, and being from this province at the time of the passing of the statute
hereinbefore recited, and ignorant of the provisions therein contained, tney have been
precluded from receiving the bounty intended to be bestowed upon persons under similar
circumstances with themselves ; be it therefore enacted by the authority aforesaid. That
it shall be in the power of the governor, lieutenant governor, or person administering the
government of this province, upon application of any person, stating by petition and pro^
ving satisfactorily that from any cause, it has not been in the power of such applicant to
make his application, or to present himself for examination within the period prescribed
by la^, it shall and may be lawful for the governor, lieutenant governor, or person admi-
nistering the government of this province, to authorize the examination of such person, by
the medical board, and that upon the production of the certificate of such board, declaring
that the applicant is a proper person, by reason of disability, to be placed upon the pension
list of this province, the name of such applicant shall be placed upon the militia pension
list and the payment of his pension shall take date from the time of his application by
petition, either to the government, or to the legislature of this province, syice the ]>assing
of the aet Iiereby contintied.
IV. And be it further enacted by the authority aforesaid. That the eleventh clause,
and all other provisions of the aforesaid recited act, relative to the appointment of pension .,
Digitized by VnOOQlC
ExeeptioBi.
List to be publMhed
periodicallj of militia
pensionen under the
■erenl claases.
Power to admit eppli- -
cations in certain ca-
ses.
Provisions resp^ctfkig- -
pearion aet repealed.
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agent, and the several duties to be performed on account of the appoitttnient of aaefa agent
be, and the same are, hereby repealed*
y. And be it further enacted bv the authority aforesaid. That the several pensimis
authorized to be paid by this act, shall be paid by the receiver general of this province,
out of any monies that now are, or which may hereafter come into his hands, sobject to
the disposition of the parliament of this province, and in dischai^ of such warrant or
warrants as may be issued by the governor, lieutenant governor, or person adoiinisteriDg
the gpvernmen^f this province, and it shall and may be lawful for the governor, Kettten-
ant governor, or person administering the . government, to order and direct that the said
pensions, authorized to be paid by this act, shall be paid either in advanoe, or by quarterly
or half yearly payments, as to him shall seem pr(^r, and the said several sums ofmaoejr
when so paid, shall be accounted for to his Majesty, his heirs and successors, through the
lords commissioners of his Majesty's treasury, in suck manner and form as his Majesty,
his heirs and successors, may please to direct.
VI. And be it further enacted by the authority aforesaid. That when and so often as
the governor, lieutenant governor, or person administering the government, shall order
and direct a proportion of the pensions authorized to be paid by this act, the aforesaid
receiver general shall insert a notice thereof in the York Gazette for three months, imnie-
diately after such aforesaid order and direction.
VII. And whereas it is inexpedient unnecessarily to multiply warrants, be it iberefcrie
further enacted by the authority aforesaid, That it shall and may be lawful for the gOTe^
nor, lieutenant governor, or person administering the government of this province, by one
or more warrant or warrants, to order and direct the payment and appropriation of the
several sums therein named, by the said receiver genend, to the purposes of this act.
Chapter VII.
An act to continue and amend an act passed in the second year of the reign of Creorge (he
Fourth^ entitled^ '^ An act for assigning limits to the respective gaols foWdnikispro-
mnce.
[RSPBALED BT IItR GbO. IV, Ch. 2.]
(8e#8MaM.III.ei,)
orar«<
and pririlefu
fraatod to Om mem-
len of ra6h
WlBf In pulic^ toifMl
Pjeryont tonring in ladi
eoBipoaies mmj bo dia-
ehuiiod for aog^oot or
Chapter VIII.
An act to fnake further and more effectual provision for the prevention of acciderUs hy
fire in the several police toums of this province.
[Passod Jonnmfy 30, 1826.]
Whereas the means provided by law for the prevention and extinguishing of accidental
fires, have hitherto proved insufficient, from the want of a compensation being authorized
for the services of persons who may be employed as firemen ; be it therefore enacted bj
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain^
entitled, '^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
pf the province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same. That so soon as one or
more company or companies shall be formed in any town where a police is or may be
established by law, of persons voluntarily enrolling themselves as firemen, being inhabitants
of the said town, under the provisions of the laws heretofore made for that purpose, it
shall and may beiawful for the justices of the peace, in any district in which such town
may be situated, in general quarter sessions assembled, or the majority of them, being
satisfied of the efficiency of such persons, and accepting their enrolment, to direct the
clerk of the peace for such district, to grant to each member of such corps or company a
pertificate that he is enrolled on the same, which certificate shall exempt the individual
named therein, during the period of his enrolment and his continuance in actual duty as
such fireman, from nulitia duty in time of peace, from serving as a juryman or a constable,
and from all other parish and town offices ; any law, custon^ or usage, to the contrary
notwithstanding,
II. Provided always, and be it further enacted by the authority aforesaid, That it shall be in
the power of the justices of the peace, in and for any district in thi& province, or the majority of
them,at any general or adjourned sessions, upon compUint to them made of neglect of duty * by
Aiyr Individual of such fire company^ to examine into the same, and for any such cause ; and
Digitized by VnUOy It:
C. a.^i--fiaraMH Ym$m or Qmommm IT.^1886.
409
aboy in case of conviction of any individual of such company for a breach of any of the
rules legalTj made for the regulation of the same, to strike off the name of any such
individual from the list of such company, and from thenodbrward, the certificate which
may have been granted to* such individual as aforesaid, shall have no effect in exempting
him from any duty or service, in the preceding clause of this act mentioned: Provided always,
nevertheless, That it shall be in the discretion of the justices of the peace for any district of
this province, or the majority of them, in general quarter sessions assembled, to consent
to the formation as aforesaid of any fire company, under the provisions of this act, for any
police town within their district, or to defer the same until the circumstances of any such p«uea
town may, in their opinion, render it expedient ; and that they may also in their discretion,
from time to time discontinue or renew any such company or companies*
Jnitieei to have ditcr»-
tiouM tofonning tad
eontiniiiiigf mtih eon-
Preamble.
A nil
£200
on Gi
To be paid toUieeoL
leetor of York.
Light
dntiei i
Cbapter IX«
An act to provide for the improvement of the light hou^e oh GibraUar pointj tmd fvf
imposing duties for defraying the charge of the same^ and for erecting other houses
in this province.
[Paised JaaatJef 90, ISML]
Whebjbas it is expedient to provide a fund for the support of the light house on
Gibraltar point, and to render the same more serviceable ; be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
eouncil and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, " An act to repeal certain parts of an act passed in the fourte^ith year of his
Majesty's reign, entitled^ ^ An act for making more emctual provision for the govemnueit
of the province of Quebec, in North Ameriea, and to make further provision for the
government of the said province,' " and by the authority of the same, That out of the
rates and duties now raised, levied, and collected, or hereafter to be raised, levied, and
collected, and lemaioing in the hands of the receiver general, unappropriated, ttiere be
applied such sum, not exceeding two hundred pounds, as may be necessary for procnriBg
^>od and sufficient lamps and reflectors, and making such other improvements, aa may be
necessary for rendering the same effective.
II. And be it further enacted by the authority aforesaid. That such sum, as may be
necessary for the purpose aforesaid, shall be paid to the collector of the customs for the
port of York, in discbarge of such warrant as may be issued for that purpose by the gover-
nor, lieutenant governor, or person administering the government of this province, and
that such collector shall have authority to apply the same for the purposes of this act<
III. And in order to provide a fund for the support ef the said Ught house, be it further
enacted by the authority aforesaid. That the master of every decked vessel of more than
fifteen, and less than fifty tons burthen, except as hereinafter mentioned, entering the
port of York, shall pay a sum of seven shillings and sixpence, for light house duty, to the
collector of the said port, and that the master of every vessel above fifty tons burthen,
except as hereinafter mentioned, entering the port of York, shall pay a sum of twelve
shillings and six pence for light house duty, to such collector as aforesaid.
IV. And be it further enacted by the authority aforesaid, That for any vessel, trading
as a packet to and from the port of York, during the season, and having stated periods of ^'Sto'paek^
sailiug from the said port, once at least, in each and every week, the master or owner
thereof may, upon payment of the sum of fifteen pounds, obtain from the collector of the
port of York, a license to run as a packet to and from the said port, vrithout payment of
the duty hereinbefore mentioned, and such license shall exempt such vessel from the duty
herein mentioned fbr the season in which the sam6 was granted.
V. And be it further enacted by the authority aforesaid, That if any vessel entering Penalty for omittiag to
the port of York, and liable to the payment of any duty in this act mentioned, shall land paj the duty,
goods or passengers, and the owner or master of such vessel shall refuse, or omit within
twenty-four hours to pay the duty by this act required, such vessel shall be liable to
seizure and forfeiture, and maybe proceeded against in the same manner as for other causes
of forfeiture, under the revenue laws of this province.
VI. And be it further enacted by the authority aforesaid, That the amount of duties
received under this act shall be paid into the hands of his Majesty's receiver general of
this province, and shall be applied to the reimbursement of the monies hereby authorized
to be paid in rendering the light house on Gibraltar point more serviceable, and in the
annual support of the said light house, and that any surplus above the expenditure required
for these purposes, shall remain and accumulate as a fund for providing Kght houses in
other parts of this province.
KtgthdAomm triik: i
Amfmat of duties bow
to be applied and ae-
eonsted for.
Digitized by
Google
410
C iO.— BXTBRTR YSAB OF QSOBOX IV.-**1826.
{CNboovd Swkbkm^
tobecBfc
Chapter X.
An adt to impose a tax upon dogs in certain towne in this province.
IPmstcd Junnnrj 90, 1836.]
PnuMm. Whereas it is expedient to impose a tax upon dogs in certain towns in this prorince ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual . provision for the
government of the province of Quebec, in North America, and to make further pfovisjon
Tto impofftd on dop lor the government of the said province,' " and by the authority of the same, That from
IB poiie« townc. n^j after the first day of April next, every person residing iVithin the limits of any town
in this province, which now is, or hereafter may be, subject by law to police regiAations,
or within one mile thereof, shall pay or cause to be paid, for each and every dog of the
age of six months and upwards, which shall be kept by any such person, the sum of five
shillings annually.
II. And be it further enacted by the authority aforesaid. That it shall and may be lawfd
for the justices of the peace residing within the limits of any such town, at a special ses-
How eoOeetc^. ^^^^ ^^ ^ ^J them held for that purpose, to appoint a person to assess, levy, and collect
the said taxes ; and that the collector so appointed may deduct at the rate of six pounds
for every hundred pounds, and no more, as a full compensation for his services in collect-
ing, and that the treasurer shall give a receipt fop all the money paid to him by the s»ii
collector, which receipt shall be to such collector a sufficient acquittance.
CoUeetortogiTebond. HI. And be it further enacted by the authority aforesaid, That such collector shall,
before entering upon his office, with two sureties, to be approved of by such justices,
enter into a bond to his Majesty, his heirs and successors, in such a sum as to the jusfiees
may seem meet, to faithfully execute the duties thereof, and to account well and trtdyfor
all monies that may come into his hands by virtue of his said office,
of rate hew IV. And be it further enacted by the authority aforesaid. That if any person shall
refuse to pay the sum or rate imposed by this act for each and every dog, which he or she
may own,, within fourteen days after demand duly made of the same by the said cottector,
the said collector shall, and is hereby required to, levy the same by distress and sale of
the goods and chattels of the person so neglecting or refusing to pay, after having obtained
a warrant for that purpose from some one of his Majesty's justices of the peace, and ti>
render the overplus, if any there shall be, over and above the said rate, to the owner
thereof, after deducting the legal charges of the distress and sale.
V. And be it further enacted by the authority aforesaid, That aU sums of raonej
accruing under the provisions of this act shall be applied, under the direction of the
magistrates, to the improvement of the streets of the several towns in vHikh they shall
be raised, and to no other purpose.
VI. And be it further enacted by the authority aforesaid, That if any person or persons
shall, when duly ealled upon, neglect or refuse to give a correct list of the dog or dop
which he or she may usually keep, every such person or persons shall, upon being thereof
convicted before two or more of his Majesty^s justices of the peace, pay a sum n(^
exceeding twenty shillings currency, which fine shall be disposed of in the same manner
as the taxes accruing under the provisions of this act.
VIL And be it further enacted by the authority aforesaid, That the collector appointed
under this act shall head the list, which he is required to make for the purpose of this
act, with a certificate in these words, that is to say :
" We do hereby severally certify, that we have since the day of in the last
year, been in the possession of the number of dogs set opposite to our respective names,
and no more.''
And that if it shall be proved upon complaint, on oath before any two justices of the peace
in and for any district of this province, respectively, that any person has certified falsel?
with respect to the number of dogs in his or her possession, such person shall forfeit a
sum not exceeding three pounds, upon conviction before such justices, which shall be
levied by warrant of distress, under the hand and seal of such justices, and in default of
such distress, the offender may be committed to gaol for any time not exceeding one
month.
VIII. And be it further enacted by the authority aforesaid, That this act shall be and
remain in force for the space of four years, and from thence to the end of the then next
ensuing session of parliament.
Application of thetax-
•• levied under tht«
net '
CeUeetor** list.
Penalty for retuminr
fidselj the nnmber m
owned l^ any
In foree for four yean.
Digitized by
Google
^iirrH PAjguiAMmT.]
C. 11,. 12 — S^TBHTH Y»AA or GmwM IV.— 1886.
4U
ChiH^r XI.
An ad to caniimue far a KmUed time an acfpasfed in the fourth year of hie Majeety*e
reigny eniUledy ^^ An act to reetrain the eeUing of beer^ ale, cider, and other Hquore^
tvnt apirituouej in certain towne and viUagee in this promnce, and to reguUUe the
manner of licensing ale houses wUhin the same,^^
[Pataed JanuAry 80, 182^]
Whebbas an act passed in the fourth year of his Majesty's reign, entitled, " An act to
restrain the selling of beer, ale, cider, and other liquors, not spirituous, in certain towns
and villages in this province, and to regulate the manner of licensing ale houses within
the same," is about to expire; and whereas it is expedient to continue the same,
be it therefore enacted by the King's most excellent Majesty, by ^nd with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, ^ An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province,' " and by the authority of the same.
That the said act shall be and continue in force for four years, and from thence to the end
of the then next ensuing session of parliament, and no longer.
4tb6eo.
elted.
IV, c 10, rc-
4th Geo. IV, e lA, eoo-
tiimed for foar yean.
4Ch G«o. rv, e
(See
ll.)
T,
Preamble.
Chapter Xlf •
An act to repeal part and extend the provisions of an act passed in the fourth year of
his Majesty^s reign, entitled, ^^ An act to make more ample provisionfor regulating
the poUce of the town of Kingston^
[Puied JanaarySO, 1826.]
Whcreas the limits between the town of Kingston and the township of Kingston are
irregular and not well defined, and there is much uncertainty and confusion in respect to
names and limits of some of the public streets in the said town, which evils require to
be remedied by law; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
ac^ passed in the parliament of Great Britain, entitled, ^' An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the autho-
rity of the same. That the justices of the peace of the Midland district, in general quarter
sessions be, and they are hereby, authorized and required to extend, define, and establish
the limits between the said town and township, including within the said town, the tracts
of land, called park lots number one and two, granted from the crown to sir John Johnson
and Ann Earl, respectively, and also Ict^ number twenty*five, in the first concession of the
said township of Kingston, granted from the crown to Michael Grass ; and also io define and
establish the names and limits of the respective streets, now laid out, and hereafter to be
laid out, in the said town, and to take such measures as may be necessary and proper for
laying out new streets in the said town, and for msiking known and perpetuating the said
limits between the said town and township, and the names and limits of the said streets,
and for removing any obstruction, not extending to the removal of any building or build*
ings, without the consent of the owners thereof, which is or may be within the limits of
any of the said streets : Provided always. That such establishment of the limits between
the said town and township, or of the names and limits of the said streets, shaU not alter,
prejudice, or affect the title or the metes and bounds of any lot or tract of land, granted,
transferred, or leased, before ^he passing of this act ; and. Provided also. That no part of
the above mentioned lots shall be subject to assessment as town lots, in the said town of
Kingston, until a building shall be erected thereon, or the said town lot, or some pari
thereof, shall be inclosed as a yard or garden.
11. And whereas, in and by an act passed in the parliament of this province, entitled,
^^ An act to make more ample provision for regulating the police of the town of SJngston,"
the justices of the peace of the Midland district, in quarter sessions assembled, are autho-
rized to raise by annual assessments, in the manner therein mentioned, from the persons
rated upon any assessment in the town of Kingston, a sum not exceeding one hundred pounds
in one year, for the improvement of the said town, and it is found that a larger sum is
required, and may be beneficially applied for that purpose ; be it therefore enacted by the
authority aforesaid. That so much of the third section of the said act as limits the addi-
tional sum so to be raised for the improvement of the said town, not to exceed one hundred
Digitized by
See 4th Geo. IV, e
Jttfltiees to deHne li-
mit* of the town of
KiB(;stOD,4esigMrt« the
ftreetsi Ice.
Lay out new
■tieetf,
BaiMiogs not to be re-
moTed without the
owner's coBMat.
PrOTIBO u to
ment of town lots to
be ibnned.
4th Geo. IV, c 80, iS,
in pert repealed.
vjoogle
m
JvitiMi womj niM mt-
mudlT a •nm aotez-
0. lS.«-4»f Mur ¥<▲* tfF Omms lV.-^t8M.
E8wiM» tIriMMr,
RMnilatloiia may be
aadc pniiiihinge«tain
offeaoef bjfioe.
Appropriation of finet.
(8ee41»t6eo.UI,e8,
• 4.)
pounds in anj one year be, and the same is, hereby repealed ; and that the jnsHees of the
peace of the Midland district, in quarter s^iriona assembled, may raise by annual assess-
meni Amu th^ peraoM rated upon any aaaesoments for property, in die te^fn irf Kia^gston
afoffoaaid, a sum not exoaedUng two hundred pounds in any one year, for the inqprov^ment
of the said town, to be raised, levied, coUeeted, and applied, in die manner direeted in
and by the said act.
III. And be it further enacted by the authority aforesaid , That it shall and may be law-
ful for the jQ^iees of the peace of the Midland district, in general quarter sessions
assembled, or the majority of them, to make, ordain, constitute, and-pubfish, such
pnidential mtes and regulations as they may deem esqpedient, relative to carts or carmen ;
and ako, relative to persons firing guns, squibs, or crackers, or destroying trees planted
for shade or ornament on the sides of the streets, or removing or defeeing si^ bMnls, or
inscribing or drawing any indecent words, figures, or pictures, on any bmldi^, wdl, or
fence, and to enJbroe all their lawftil regulations by fine, in the same manner and under
the same limitationa, as prescribed in certain cases by the fifth clause of the above recited
act.
IV. And be it further enacted by the authority aforesaid, That so much of the act pro-
viding for the establishment of a market in the town of Kingston, as requires4he moieties
of fines incurred by transgressions of the regulations of the said market to be paid into
the hands of his Majesty's receiver generid, be, and the same is, hereby repealed; and
that hereafter the moieties of such fines, not granted by law. to the informers, shall be
paid to the treasurer of the Midland district, for the use of the said town of Kingston, to
be applied and accounted for in the same manner as the moieties of fines accruing fi-om
transjzressions of the police regulations of the said town are apinropriated in and by the
act aforesaid.
Praanbfo.
Chapter XIII.
At^mdto 49iMiah ike disirict town of the district of London in a more central poeiiion
than at preeent, and to annex the townships of Walpole and RawAam to the eoanty of
MaUimandj in the district of Niagara.
l^pg^td JaaaaiyaO, iJaSBi}
Whersas the gaol and court house for the district of London, situate in the town of
Yittoria, have been accidentally destroyed by fire, and it is necessary that other buildings
for the same purpose should be immediately erected ; and whereas the said town of Yit-
toria being situate near one extremity of- the district, is a very inconvenient site for tiie
district town, so far as it respects the inhabitants of the very populous and extensive
settlements which have of late years been formed in the county of Middlesex, and it
would tend much to the welfare of the district and the general convenience of its inhabi-
tants, to^ establish the district town at the reservation heretofore made for a town, near the
forks of the river Thames, in the townships of London and Westminster ; be it therefi^re
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assem-
bled by vklue of and under the authority of an aet passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the govern*
meht of the said province,' " and by the authority of the same. That a certain act of the
parliament of this province passed in the fifty-fifth year of his late Majesty's reign, enti-
tled, ^ An act to repeal part of and amend an act of the parliament of this province,
passed in the forty-first year of his Majesty^s reign, entitled, ^ An act to remove doubts
wilh respect to the authority under which the courts of general quarter sessmns of the
peace, and other courts, have been erected and holden, and other matters relative to the
administration of justice, done in the several districts of this province, and also to fix
the time of holding the courts of general quarter sessions of the peace in and for the
^ same,' and to make further provision for the same," shall be, and the same is, hereby
repealed ; and that so much of a certain other act of the parliament of this province passed
in the forty-first year of his late M^esty's reign, entitled, ^^ An act to remove dod>ts
with respect to the authority under which the courts of general quarter sessions of the
peaoe, and other courts, have been erected and holden, and other matters relating to the
administration of justice, done in several cUstricts of this province, and also to fix the
times of holding the courts of general quarter sessions of the peace in and for the same,"
as is repealed by the said act, shall be, and remain repealed.
Couru q£ wrtev m«- ^' ^^^ ^ ^ further enacted by the authority aforesaid, That the courts of general
•kluawidutrieteoart, qusrtev sessions of the peace^ and the district courts in and for the said district, shall be
SBth Gm. Ill, e 16, re-
Digitized by VnUU^ IC
Nmm PAHiAAiairr.]
O. 14.^S«TMTii Ybab of Osom^ lV.~182tf-
4W
lioldM attd aaiembM wilUft eome part of the reseriraUon hetetofore laode for tbi9 sUe of
a lowOt Q9«r iho forka of the rivor Thaisiiesy in the towndiipa qf London $iDd WesCnin*
slier, in the eoOdty of Middlesex, so soon as a gaol and court house shall be eteoted
thMreon, 4nd in a fit state to afford accommodation for the afdministnition of justice ; and
that until s«ich buildings shall be so erected, the said courts shall be bolden in sueh part
of the district of London, being as nearly as conveniently may be eentrd, with regard to SISSI^bS
the settled parts of the said district of London, as the sheriff of the said district shall for houear^i
that purpose appoint by public notice, within the said district, at least thirty days befose
tlie time Appointed for holding any sueh court respectively.
UI. And whereas in consequence of the removal of the district town, to a more central
aaluatiop, it would better suit the convenience of the inhabitants of the townships of
RuittbsBHiand.Walpole, which now form part of the county of Norfolk, if the said toWn*
ships Wete hereafter to be annexed to and form part of the county of Haldimand, in the
distriel of Niagara ; be it therefore enacted by the authority dforesaid, That so itmdi of
a certain act of the parliament of this province passed in the thirty-eighth year of hfe late
Majesty's reigD, entitled, ^^ An act for the better division of this province," as enacts that
the said townships of Rainham and Walpole shall constitute and form a part^f the county
of Norfolk, shall be repealed ; and that the said townships of Rainham and Walpole shall
be annexed to and shall form part of the county of Haldimand, in the district of Niagara.
<o h9 ttauomd to th*
ooBBtjr of BAiddlsMX.
(S8th Gm. Ill, e » )
Rainham and Walpole
to ht annexed to the
eoonty of Haldimaad.
Chapter XIV.
An aei ia provide for the erection of a gaol and court house in the district of London^ . » ! U'
and to authorize the imposing ah additional rate for that purpose.
[Passed January 80, 1826.]
Whersas the gaol and court house of the district of London have been recently de-( PreatoUe.
stroyed by fire, and it is expedient to provide for the accommodation of the several courts
of justice, and for the safe custody of prisoners, by the erection of buildings in a situation
more convenient for the inhabitants of the said district ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council an<f
assembly of the province of Upper Canada, constituted and assembled by virtue of and under*
the authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
' An act for making more effectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said pro-
vince,' ^ and by the authority of the same, That so soon as conveniently may be, after the
passing of this act, a town shall be surveyed and laid out, under the direction of the sur-
veyor general, within the reservation heretofore made for the site of a town, in the
to-wnships of London and Westminster, in the county of Middlesex, in the said district
of London, and a plan thereof shall be furnished by the said surveyor general to the
commissioners hereinafter named, and that in the said plan or survey, a tract or space, of
not less than four acres, shall be designated as reserved for the purposes of a gaol and
court house within the said town plot.
IL And be it further enacted by the authority aforesaid. That the honorable Thomas
Talbot, Mahlon Bur%vell, James Hamilton, Charles Ingersol, and John Matthews, ofLobo,
esquires, shall be, and they are hereby appointed, commissioners for the purpose of
erecting, upon such reserved tract as aforesaid, a good and sufficient gaol and court house,
of brick or stone, for the purposes of the said district, either in one or in separate'
buildings, as shall to them appear most expedient, and for contracting for superintending
and paying for the building and completion of the same.
IIL And be it further enacted by the authority aforesaid, That in order to provide^ Fuu^ti to ijc cifti*
funds for the erection of the said buildings, it shall and may be lawful for the justices of* «n^ ;adHi*>n^r - -
the peace of the said district, in general quarter sessions assembled, and they arc hereby
required to levy, by assessment, to be made on each and every inhabitant householder
in the said district, in the same manner and form as by law any assessment may now or
hereafter be levied for any public purpose in the said district, an additional rate of one
third of a penny in the pound, until the sura hereinafter authorized to be borrowed for
defraying the expense of erecting Jhe said gaol and court house, and all interest thereon,
sbalt be fully discharged.
IV. And be it further enacted by (he authority aforesaid. That the said commissioners
shall have power to raise, by loan, at a rate of interest not greater than six per cent, from
such person or persons, bodies politic or corporate, as may he willing to lend the same, on
the credit of the district, a sum not exceeding four thousand pounds, to be applied for the
purposes hereinbefore mentioned, and not otherwise ; and that the bond or agrcei;icnt,
62
Digitized by
A town to 1U hid oat
and Bunrey^ within
the retenration for a
town in London and
Weatminater.
Four aerea to be re-
•erred for |;aol and
eoiurt honatf. -
... .••«,-, »
Comv^U$\o%ipi for ^
rectJnfe^layi.fb^liPt*.
an
in^ilC
raised.
Google
414
C. 15.— SvrsHTH Ybae of Qmomom IV.— 1896.
[6Man> SaMiov,
ProTision for rayjneut
of fniereat anc re-pay-
-^TofprinclpaL'
Fint meeting of <
miMiOBen.
under the hand and seal of the nresident of the said boald of commiaaioneiia^ to he
appointed as hereinafter mentionea and expreaaed, to be given for the repayment of audi
loan, under the authority of this act, shall constitute a debt and charge Iwiding upon the
treasury of the said district, but not upon such president in his individual and persoDs!
capacity ; and that the treasurer of said district, for the time being, shall annually, until
the loan so raised, with the interest accruing thereon, shall be paid and discharged, tppHy
towards the payment of the same not less than three hundred and fifty pounds, from and
out of the rates and assessments of the said district.
V. And be it further enacted by the authority aforesaid. That the said eommissionen,
or a majority of them, shall meet at the villace of Saint Thomas, in the county of Mid-
dlesex, on the first Monday in the month of March next, and shall then select a'preaideDt
and vice president, one or other of whom shall preside at every meeting of rack com-
missioners, at which any resolution shall be passed, or matter agreed upon^ ; and that no
act shall be binding which is not assented to by a majority of the said five eonuaissi<mers,
including the president or vice president.
PiMmble.
aniiG«o.IU,el4,ie-
r%m fimt line of Um
lath e<»«Mtkm of
Tihr^iend Ikow to be
ctnrreeted and esta-
WWm eofteetod, to be
etefirmed, noUiwith-
Btanding any letten p i-
■ntle to bttda m IStb
er 18th conceaiient of
ot to be
Sarre jor fanenl to di-
i<ect ike new svrrei
svrrejr
Chapter XV.
An act to authorize and establish a re-survey of the front of the thirteenth concession of
the toumship of Townsend.
[Passed Jannaiy 90, 1896.]
Whereas by an act passed in the fifty-ninth year of the reign of his late Majesty,
King George the Third, entitled, '^ An act to repeal an ordinance of the province of
Quebec passed in the twenty-fifth year of his Majesty's reign, entitled, ' An ordinance
concerning' land surveyors and the admeasurement of lands,' and also to extend the pro-
visions of an act passed in the thirty-eighth year of his Majesty's reign, entitled, 'An
act to ascertain and establisli on a permanent footing the boundary lines of the different
townships in this province,' and further to regulate the manner in which lands are here-
after to be surveyed," an erroneous line, surveyed by the late William Hambly, as the
front of the thirteenth concession of the township of Townsend, in the London district, of
this province, being the first survey, would be established, to the prejudice of the persons
owning lands in the twelfth concession of the said township of Townsend ; and whereas
the said erroneous survey has been fully examined, and reported to the surveyor general's
office, by a deputy provincial surveyor, in pursuance of special instructions to examine and
report upon the same,, and it is necessary to establish more correctly the front of the thirteenth
concession of the township of Townsend aforesaid ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, '' An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty^s reign,
entitled, * An act for making more effectual provision for the government of the province
of Quebec, in North Amenca, and to make further provision for the government of the
said province,' " and by the authority of the same. That stone monuments, or monuments
of other durable materials, shall be placed as governingpoints, from which to correct the
front of the thirteenth concession of the township of Townsend aforesaid, so that a line
from such monument or governing points shall divide the said twelfth and thirteenth con-
cessions equally, as nearly as may be done which monuments shall be placed, and survey
corrected, under the order of the surveyor general of this province, and posts or bounda-
ries shall be placed along the said line, from such monuments, at proper distances, for the
front angles, to determine the width of the lots in the thirteenth concession aforesaid.
^ II. And be it further enacted by the authority aforesaid. That the course of the said
line, when so corrected as aforesaid, and the distances, boundaries, and monuments, after
the same shall be correctly ascertained and established, in pursuance of this act, shall on
all occasions be, and be taken to be, and to have been, the true course, distances, and
boundaries of such concession line and lots respectively, whether the same do or do not,
on actual measurement, coincide with the course and distances in any letters patent or
grant, or other instrument, in respect of such concession line, boundaries, or distances^
mentioned and expressed, any thins contained in the said act passed in the fifty-eighth
year of his late Majesty's reign, to the contrary thereof in any wise notwithstanding.
III. And be it further enacted by the authority aforesaid, That nothing in this act shall
invalidate, or be taken or construed to invalidate, annul, or make void, any such letters
patent, grant, or instrument, affecting lands in either of the said concessions, but that the
same shall be as valid as if this act had not been made.
IV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government, to
Digitized by VnUiJ^ LC
N»«K PnuAttieirT.]
G. 16. — Smvmann Ykar of ChooHOB iy.-i-18S6.
415
dlireet the siilTejror general to order the said erroneous line to be surveyed and coneeled
as efiwesaid, and that sueh Kne, so correeted, for the front of the said thirteenth conces-
sioD) and ihe posts and boundaries which shall be placed on the same, to determine the
width of lots as aforesaid, shall be, and betaken to be, the true and unalterable concession
line and boundaries, respe'etivelj.
V. And be it further enacted by the authority aforesaid, That if any action of ejectment
should be brought against any person or persons, who, after the front of the 9aid thirteenth
concession shall be so ascertained or corrected, in pursuance of this act, shall be found,
in eoMequence of the aforesaid erroneous survey, to have improved on land not his, her,
c»* their own, the like proceedings may be had, and the same relief shall be afforded, as
is provided in the said act, in case any person or persons may be found, in consequence
of a side line having been unskilfully surveyed, to have improved on land not his, her, or
their own.
VI. And be it further enacted by the authority aforesaid, That nothing in this act con-
tained shall give any right, or be taken or construed to give any right to any person or
persons possessed of lands by gift, devise, inheritance, purchase, or marriage, in the said
thirteenth concession, to maintain any action or actions against any person or persons for
or on account of any alteration occasioned by the passing of this act, in the limits of any
lot or parcel of land which shall be unimproved at the time of the passing thereof.
ProTitSoB la ease eMef-
meatoibaUbebromiit-
Reitnint of
for aninmrared
iaeoBMqaeaee oTUm
ra^iaiTey.
Chapter XVI.
An act to make provision for a survey of Ihe firsts second^ and third concessions of
Frederickshvrgh original^ and the whole of Fredericksburgh addttionoL
[Passed January 90, 1826.]
Whsreas it is expedient to repeal the third and fourth clauses of an act passed in the
fifty-ninth year of the reign of George the Third, entitled, '^ An act to repeal an ordinance
of the jNTOvince of Quebec passed in the twenty-fifth year of his Majesty's reign, entitled,
* An ordinance concerning land surveyors and the admeasurement of lands,' and also to
extend the provisions of an act passed in the thirty-eighth year of his Majesty's reign,
entitled, ' An act to ascertain and establish on a permanent footing the boundary lines of
the different townships in this province,' and further to regulate the manner in which
lands ace hereafter to be surveyed," so far as they respect that part of the second concession
of the township of Fredericksburgh, in the Midland district, lying between the eastern
boundary of lot number seventeen, and the eastern boundary of lot number twenty-five, in
the said concession, and also that part of the third concession of the said township, between
the head of Hay bay and the eastern boundary of lot number twenty-five, in the last men-
tioned concession ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
same. That the third and fourth clauses of the aforesaid act shall be, and the same are,
hereby repealed, so far as respects the aforesaid tracts of land.
U, And be it further enacted by the authority aforesaid, That the eastern boundary
line of the said township, otherwise known as the line between lots number twenty-five
and the Gore in the said second and third concessions, shall be, and the same is hereby
declared to be, the course or courses of the respective division or side lines of lots or par-
cels lying in the aforesaid tract of land ; and all surveyors shall be, and are hereby,
required to run all such division or side lines of any of such lots or parcels of land, which
they may be called upon to survey, to correspond with and be parallel to the aforesaid
eastern boundary line.
Ill- And be it further enacted by the authority aforesaid. That every licensed surveyor,
when, and as often as he may be employed to run any side line or limit, between lots or
lines in the said tract, required to go the same course as the aforesaid eastern boundary
line, shall, if it has not been done before, or if it has been done, but the course cannot at
such time be truly ascertained, determine, by a true meridian line, or some other infallible
method, the true course of a straig;ht line between the front and rear angles on the eastern
boundary of lot number twenty-five, in that concession in which the land to be surveyed
may be, and shall run such line or lines ^s aforesaid, truly parallel to such course, which
is hereby declared, and shaU at all times be deemed and taken to be, the true course of
such lines.
Pjreambla.
SSUiOeo. III,cHa8
and 4, repealed, to far
as respeett a eertala
part of Frederieks-
Tlie eoarae <^ tba ilda
HowudelineaihaUbe
ran ia aaeh part of
Frederiekaborgb ia a
immj
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Google
CMH
C. n, J&-^»rsimi YuA or Qmommm IV.-r-48e6.
A MHrnnvgr i» be n^d*
of Mftein purtf of Fire-
dericksbnrch, «i4 ipor
muD»eBU pueed.
How^the expente shall
be defrayea aod eol-
leeted.
Coiiipeii«e(i0o to col>
lector.
Expeate of sanreying
eeeli eonceMion to be
leried on the landi m
■ach concettioii.
Jwtieet not to proceed
required by the
freeholder*.
New turrey to be made
shall be cooclasiTe.
PubUc net.
i¥.i^ AM fil^reas it ii espedktti to mdce proYtrfon finr a Muvegr of llie SnL,^aaMad^mi
tbM«odOM0ionsjof tkat jNort of thefloid FrederibkahfiM^^geperdiyTBaowa »a WredaneiUk nig^i
' «|Bfi;iflAl, and oloo of the iriiole of that port of the oaid Frederidcobia^, geoeraUir Smoinios
FfedtMiAslblmgh oddiiiDiiol ; be it thorolbne enacted bj the aathoritf afimsaad, Thai it johall
and may be lawful for the justices of the peace, serving for thedivilHOii withiii irhifh theiuid
oonooosioBs ore situated, or o m^ority of thein, and tiiey are hereby autfiorized and required,
lit a special session to be by them held on the firot Saturday in March in eadi aod every year,
tHT at any a(^aniod session, for the purpose of carrying this act into effect, to receive profKisak
IhM, Mid contract ivith, taking and demanding security as they may thinlLexpedientyOny ii-
oeoBod surveyor, to erect monuments, and to establish boundaries, for any or att tke eonees-
siens or lots in the last mentioned tracts of land, or for the actual survey of anyer of aU of
|h0 aloresaid concession lines, either in front or rear of the said concessMOSi and also for
the actual survey of the whole or any number of the said lines or limits between lots or
parceis of land, in each or every of the afoi>eaaid concessions, which surv<oy abiU be, as
ne^ as can be ascertained, aecoinding to the original survey of such concession ; and to loYy
.a propoDtionate tax, which said tax shall be appropriated and levied agreeable to tfe
r^qu^st of the inhabitants of such concession, to foe made in manner and form as shall be
hereafter provided, on the several lots or parcels of land in such concession, for the pay-
ment of such surveyor, and also for a collector, as hereinafter mentioned ; and to issue
their warrant or warrants to a collector or collectors, to be by them appointed for the
purpose of collecting the aforesaid tax, and ev^y such collector so appointed, upon re-
ceiving such warrant aforesaid, is hereby authorized and required to demand and receive
from each and every inhabitant of such concession or concessions, for which he is collector,
his proportion of the tax imposed, agreeable to the provisions of this act, and shall have
the same power and may use the same means to compel the payment of such tax, as the
several collectors of the several parishes, townships, or reputed townships, have in this
province, and shall, upon such surveyor's producing an order therefor, under the hands and
seals of such justices, pay over to such surveyor the said monies^ reserving to hisMslf, as
a compensation for his scnices, five per cent, upon the monies so collected.
V. And be it further enacted by the authority aforesaid, That the expense of surveying
«ach or any of the aforesaid concessions, either in the original or additional part of the
aforesaid township, shall be satisfied and paid by an appropriate tax aforesaid^ on the
oeveral lots or parcels of land situate in such concession.
VI. Provided always, and be it further enacted by the authority aforesaid. That such
justices as aforesaid shall not be authorized to carry the provisions of this act into effect,
without first being requested by a writing, signed by at least three-fourths of the proprie-
tors of the land situate in such concessions, stating in what manner such concessions shall
be surveyed, what sort of monument shall be erected, and in what manner such tax sbaK
be proportioned for the purposes aforesaid.
Vil. And be it ftirther enacted by the authority aforesaid, That when the boundaries or
survey of each or any of the aforesaid concessions shall be established agreeable to the
provisions of this act, such survey shall be permanent and conclusive.
VIII. And be it further enacted by the authority aforesaid, That this act shall be
deemed and taken to be a public act, and as such shall be judicially noticed by all judges,
juBtices of the peace, and other persons, without being specially pleaded.
Cbapter XVII.
An ad to protect certain inhabitants of the county of Middlesex in the possession of
their lands^ during the continuance thereof
[ESXPIRSD.]
Preamble.
Chapter XVTII.
An act to incorporate certain persons therein mentioned^ under the style and title of
^^Desjardins* Canal Company,'*'^
CPwsed JanaarySO, ISaS]
. Whereas public benefits are expected to be derived from connecting Burlington bny
wirti lake Ontario, and m order that those benefits may be more generally extended to the
Surrounding country, it is of manifest importance to form a water communication or canal,
sufficient for the passage of sloops, aixd other vessels of burthen, from the said bay, to the
viHage of Coot's Paradise, though the intervening marsh and oiher lapds; and whereas
Peter Desjardins and otfiers have petitioned the legislature to be by law iftcorporated, for
. the purpose of effecting, by means of a joint capital or stock, such water communication or
Digitized by \JjiJijy It:
FmuMsiM^T.] &.ia-*terar» Ya4A or Gmuvm IV — 1886.
thai md bagr ta the Sfiid viltafle; Ih» it tb^n^tee eoMlad t»j «ie Kiog^s
^aaadfaat MijeBljr, bj nod mih the advise and oonaeiit of tbe leeidativa ewMft
«Ei4 ftMenUy of the previnee of Upper Cftoeda, eooitituted «od MsemMed by virtue of
aad wider the wtfacritf of an eet pMaed in the perliaaieot of Great Britain, eotitled, ^'Ab
aet to repeal certatn parts of an act pae^ed in the fourieeoth year of his Majesty's ?eigf^
eoUtiedy ^ An act for making more effectual provision for the government of the pioviaoe
of Qoebee^ in North America, and to make further provisjon for the government of the Ni4
provittM^^ " aad by the authority of the same, That tbe said Peter Desjardios, Ckristoj^ier
Holmes, William Holmes, David Stegman, Edward LeasUe, John Lesdie, William Lesslie,
Janaes Natioii, Peter Peterson, John Patterson, or any siJi of them, together with aU sMeh
other peansons as shall become stockholders in such joint capital or stock, ae hereinafter
neattoned, shall be, and ax^ beneby ordained, constituted, and declared to be, a body cor-
porate aad poUtie, in fact, by the name of Desjaidins' canal company, and that by this
aaaie, they aad tbetr successors shall and may have continued succession, and by such
name flhaB be capable of contracting and b^ing contracted with, of suing and being si^id,
pleading and being impleaded, answering and being answered unto, in all courts and pl«e^
frhataoever, in all manner of actbns, suits, complaints, matters, and causes whatsoever;
and that tkey aad'tbeir successors may aad dball have a pommon seal, and may change and
alter the same at their will and pleasure ; and also, that they and their suocessora, by the
same name of the Desjardins' canal company, shall be in law capable of purphasmg, having,
and holding to them and their successors, any estate, real, personal, or auised, to and icr
tbe use of the daid company, and of letting, conveying, or otherwise depaHing tberewkby
for the besefit and on account of the said company, from tiaie to time, as they shall deMi
oeceseary or expedient.
I{. And foe it fiutber enacted by the audiority aforesaid. That tbe whole capital or
sto^ inclusive of any real astfte which the said company may have or hold by virtue of
this act, shall not exceed in value ten thousand pounds, of lawful cuirency of this proviaee,
whinh oapital shall be composed of eiglit hundred shares, <^ the value of twelve poundb
ten shillings each, and that the said shares of the smd ca^Htal stock shall be tiansletabhi,
and may be from time to time transferred by the respective persons, so subscribing or
holding the same, to other person or persons ; Provided always, That such transfer be
entered or repstered in a book or books, to be kept for that purpose by Uie aaid
company.
III. And be it further enacted by the authority aforesaid, That within twenty days after
the passiag 4tf this act, books of subacriptioo shall be opened, as nearly as pessfUe at the
same time, in the towns of York, Niagara, and Dundas, by such pedrson or persons, and
under such regulations, within the meaning of this act, as the said petitioners, or a miysrity
q[ them, shall by writing direct.
ly. And be it further enacted by the authority aforesaid. That tbe said books of mdh
scripdon shall remain open for signature fi>r ninety days, during which time no person
subscribing i^all so subscribe for more than twenty shares ; but if, after the expiration of
ike said ninety days, any stock should remain not tab» up, then it shall be lawful for tfie
said subscribers, or any of them, or any other person or persons, to subserSie for any
greater or less number of shares, so long as any of the said stock may remain unaubv
scribed.
y. And be it further enacted by the authority aforesaid. That all and every subscriber
for the said stock, or any part thereof, shall, at the time of suhscrifoing, pay a proportion of
6ve per centum upon tbe capital stodc of tbe whole number of shares, for which they, or
any of fhem respectively, may subscribe ; and that such proportion, so paid aad deposited
at the time of subscription, shall be at tbedisposal of the directors bereiaafter meationed,
to and for tbe purposes of this act, in manner and form as hereinafter is directed, aad that
the residue of the sum or shares of the subscribers or stoekholders shall be payable by in^
staiments, at sudi times aad io such proportion as a majority of the stockholders, at a
meeting to be expressly convened for that purpose, shall agree upon : Provided, That no
such instalment shall exceed ten per centum, upon the said capital stock, or become pay-
able in less than sixty days after public notice in the Ga^iette.
yi. And be it further enacted by^he authority aforesaid. That if any stockholder or
stockholders as aforesaid, sbiJl refuse or neglect to pay, at the time required, any such
iustalment or instalments, as shall be lawfully required by the directors, as due upon any
share or ^res, then such stockholder or stockholders, so refusing or neglecting, shall
forfeit such share and shares as aforesaid, with tb§ amount previously paid thereon ; and
that ibe said share or shares may be sold by tbe said directors, and that the sum arising
therefrom, together with the amount previously paid thereon, shall be accounted for aad divi-
ded in Uke manner as other monies of the said company.
y IL Aad be it further enacted by tbe authority aforesaid, That as soon as tbe aforesaid
deposit of five per cent., upon the whole capital stock, shall be paid into the handajif suc]i
^
ponitea, to te
Deajardms' etaul
AiBonnt
•tock.
of capital
Shares tnatferable.
How ttoek iliall be
s to the
time fif ■nhiaaihiai' Mil
the a|i90)|Dt. . .
Calling in iastalmeati.
If instalments not paid,
shares to be forfeited.
First directors
chosen.
to be
Digitized by
Gdogle
^te
C. 18. — Bwnamn Ysaa o9 Osobob IV. — 18S6.
{Sbomo
To seire till Itt Mon«
day m April, 1887.
AAdn of tlM eonpuiy
to be I— ■giwl bj ftro
dirtoton.
WkoBMid ho«r ehoMn.
Rognbtioii of Toting by
munbor of sharea.
tobeheld
lUu boforao-
Wbe may bo diroeton.
Gonartaerabijpt to rote
ouj a* indiTidaals.
No
■Moabor of a eo|Mul-
Bonbip aball be a di-
FonBofproeoodiBg in
ehooafaig dirooton.
PMsidoat and tioo pre-
Throooftbo directon
to go oat of office erery
reeelTer or receivers m the stoekholderB sfadt appoint, it shall and msy be kwM for tha
subscribers, or a majority of them, upon thirty days' notice, publiahed in the Upper Gamda
Gazette, to call a meeting at the village of Dundas aforesaid, for the purpose of pro-
ceeding to the election of directors, as hereinailer mentioned ; and the persona then and
there chosen shall be the first directors, and shall be capable of serving until the first
Monday of April, in the year of our Lord one thousand eight hundred and twenty-sefen,
and the directors so chosen shall commence the business of the said company, and proceed
therein till the first subsequent election of annual directors, as hereinafter mendooed.
VIII. And be it further enacted by the authority aforesaid. That the stock, property,
affairs, and concerns of the corporation of the Desjardins' canal company shall be managed
and conducted by five directors, one of whom shall be president and another Viee preai-
-dent, who shall hold their offices for one year ; which direct(»« shaU be stockhoMoa, and
shall be inhabitants of this province, and shall be elected on the first Mondqr » AprU, in
every year, at such time of the day and at such place, in the said village of Dondas, at
the majority of the directors for the time being, by thirty days' public notice, AA appoint:
Provided, nevertheless. That the first board of directors, to be chosen by the sabeeriben
as aforesaid, shall continue in office till the first Monday of April, which will be in the
year of our Lord one thousand eight hundred and twenty-seven, as in the last ebnise pro*
vided, and no longer, unless re-elected.
IX. And be it further enacted by the authority aforesaid, That the election of dhreeton
shall be held and made by such stockholders of the said company as shall attend at Dundas
aforesaid for that purpose, in their own proper persons, or by proxy, and shall %e deter-
mined by ballot, such ballot to be regul)^ ed and calculated by the number of vote* aUowed
to such stockholders, according to the number of shares held by them respectively, ai
follows, (that is to say,) one vote for each share ; not exceeding four or five votes for six
shares ; six votes for eight shares ; seven votes for ten shares ; and one vote for eveiy
five shares above ten : Provided always. That the stockholders so voting shall be possess-
ed of the share or shares, in respect of which they shall respectively vote, at leut tliree
months before the time of election ; and also that no person, copartner^ip, or body politic,
shall be entitled to more than fifteen votes at any such election, nor at the detenBinatio&
of any other matter or thing concerning the said company or its affairs, which may, by the
provisions of this act, be submitted to the judgment and decision of the stockholders gene-
rally : Provided always, That the choice of the scrutineers hereinafter mentioned, and of
president and vice president, be had as is hereinafter expressly directed.
X. And be it further enacted by the authority aforesaid. That the directors to be diosen
shall be stockholders in the said company, and shlll hold to their own use ten shares at
least ; and that all and every copartnership and copartnerships, body and bodies politie w
corporate, holding any share or shares in the said Desjardins' canal company shall each of
them vote only as an individual stockholder, nor shall two or more persons belongiDa to
any such copartnership or copartnerships, body or bodies politic or corporate, be capwle
of being nominated or chosen, or of sitting as directors, although such persons may hold
stock in their private right, or to their private use, in the said Desjardins' canal eorapsny*
XI. And be it further enacted by the authority aforesaid, That of the persons so as
aforesaid nominated and balloted for, in manner aforesaid, those five shall be deemed
elected who shall have the greater number of votes, according to the shares held by tbe
voters respectively, as heieinbefore prescribed, at each and every such election f^ direc-
tors ; and that at every such election, on the first Monday of April, in each and every year
as aforesaid, after the ballot shall have been kept open from eleven of the clock in the
forenoon till two of the clock in the afternoon, the five persons having the majority of
votes, in the manner aforesaid, shall, so soon thereafter as convenient, on the same day,
be declared the directors chosen for the ensuing year, by any two or more scrutineers who
shall have been previously nominated by the stockholders, for the purpose of examination
and report of such ballot : Provided, nevertheless, That the stockholders present at the
place of ballot shall in nomination of scrutineers, vote per capita, and not by shares.
XII. And be it further enacted by the authority aforesaid. That the said directors, on
the same day and place wherein they shall have been so chosen and declared directed
shall, after all other persons retire, choose by plurality of voices one of their number
president, and another of their number vice president, in which choice the directors shall
vote per capita, and not by shares.
Xlil. And be it further enacted by the authority aforesaid. That the board of directors,
so to be formed as aforesaid, shall, at the annual election, undergo a change of three of its
members at least, so that the directors for the last year shall be ineligible as directors for
the next ensuing year ; and in order to determine the persons so to be changed, it is hereby
provided and declared, that whenever, at any such election, it shall happen that more than
two members of the late board shall, upon scrutiny, be found among those having the
greater number of votes, in manner as aforesaid, then it shall and may be lawfid for the
Digiti
zed by Google
NtMTU Pabuajobnt*]
C. 18.— SBYBinrH Ysab of Gmrqs IV I8S6.
419
Vacancy m. board <f
director! how supplied.
Vice pvendeat when
to act.
Three directors to be.
aqnonm.
at the
flcralineen to strike oi:t one, or two, or three, as the case may require, from among the
x«-elected, such one, or two, or three, having the least number of votes, and shall in lieu,
take one, or two, or three other, as the case may require, from among the others balloted
for, as having the next greatest number of votes, and the five persons so found to be chosen
sliadl be the directors for the ensuing year, and as such shall be declared by the scrutineers.
XIV. And be it further enacted by the authority aforesaid. That in case of vacancy, by
death, or absence for more than two months from the sittings of the said board, such
vacancy shall, as often as necessary, be supplied by ballot, in the manner as aforesaid, the
directors for the time being present, declaring such vacancy, and giving public notice in
one or more newspapers to the stockholders, to meet at a day and place certain, in the
village of Dundas aforesaid, for the purpose of supplying the said vacancy by ballot, in the
manner aforesaid.
XV. And be it further enacted by the authority aforesaid, That the vice piesident shall
act as such, only in the absence of the president, and that three members, including the
president or vice president, shall be a quorum of the said board of directors, and shall have
all the power of the full board, the -absence of the other members notwithstanding.
XVL And be it further enacted by the authority aforesaid. That all questions submitted Proceedings
to, or coming before the board of direcUNrs, concerning the afiairs of the said company, ^>o'^'
shall be decided by the majority of voices, and that the president and vice president, when Casting rote of presi-
presiding, shall not vote, unless an inequality of voices amongst the other members of the ^^^ °' ^** iw^wdent.
iNiard require his casting vote.
XVII. And be it further enacted by the authority aforesaid, That the directors for the^ Po^^er of
fUDe being, or the major part of them, shall have power to make and subscribe such rules^ ™*^ "^^f ^«-
and regulations, and the same to alter and amend, as to them shall appear needful, and^
just, and proper, touching the management and disposition of the stock, property, estate,
and effects of the said corporation, and touching the duties and conduct of the clerks and
servants employed by the said company ; and shall have power to make and subscribe, in
the name of the said company, all contracts for labor, work, materials, and all other matters
concerning the construction- of the said canal, and after the construction be completed,
concerning the navigation tolls, wharfage, burdens, loading and unloading of vessels and
boats, within the waters of the said canal, and all other matters and things concerning as
well the construction of the said canal and all its basins, ways, bridges, paths, and passages,
as also concerning its charges, tolls, entries, clearances, profits, losses, dividends, and
revenue whatsoever, such rules and regulations not being contrary to this act nor the laws
of this province.
XVIII. And be it further enacted by the authority aforesaid, That it shall and may be Rates oftoU.
kiwfiil for the president and directors of the said company, from time to time, to order,
regulate, and establish the rates of toll, payable by persons navigating upon the said canal,
and the said company shall annually, if required, exhibit an account to either or every
branch of the legislature of this province, of the tolls so regulated, and the amount thereof
received, and other sums expended in keeping the same in repair, and also of the goods,
wares, and merchandizes, transported in and along the same, such accounts to be authen-
ticated in such manner and form as the authority so requiring the same may deem satis-
fiictory,
XIX. And be it further enacted by the authority aforesaid, That whenever the said
tolls shall, in the annual receipts, exceed in amount a sum sufficient to defray the expenses
of maintaining and repairing the said canal, and to afford an annual income to the said
company of tw'enty per cent, profit upon the capital actually expended in the construction
of the said canal, from the time of the commencement of its navigation, for such vessels
as aforesaid, then, and in such case, the increasing surplus revenue of the said tolls shaU
be charged against the said company -as so much by them received in the nature of a
sinking fund, by means whereof to purchase from the said company, the entirerestate, use,
and property of the said canal, to and for the use of the public, in such manner and forin
as the legislature of this province may, by legislative enactment, hereafter provide.
XX. And be it further enacted by the authority aforesaid. That the legislature of this
province shall be at liberty^ at any time whatever, to purchase the said entire estate, pro-
perty, and use of the said canal, from the said company, by paying to the said company
the capital, so as aforesaid actually expended, together with twenty-five per cent, advance
thereupon, to the credit of which payment, all revenue exceeding twenty-five per cent,
upon the said bona fide expenditure, and over and above the expense of maintaining and
repairing the said canal, shall be charged and taken ; and it is also hereby provided and
declared, that if any deficiences of the said twenty-five per cent, annual profit should
occur in navigation of the said canal, such deficiences shall be also chargeable- against the
increasing revenue of the subsequent years, so that the company may fairly and actually
receive twenty per cent, profit on their said bona fide expenditures, for the whole time
for which they shall or may enjoy the estates, rights, and privileges of the said company.
Terms upon
canal ■ball
pablie property.
which the
May be I
sed, if the legisintwia
UuDkiit.
Proviso.
Digitized by
Google
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What ml Mtato the
eompany may hold.
Width of •pace reter-
Tod for ewial, poth.
C. 18.— SBvnmi Ybxb of Gm»0B IV.^IBSG.
[s»wi«A Smwpb
Company ompowerod
to acquire the land no-
eoaiarr for the canal,
p«tht/&c.
In caae of ditaareemeni
at to Talue, aroitratora
to be appointed, &e.
How director! to pro-
ceed, if party differing
ahaU fall to appoint an
arbitrator.
HofT afbitrators ahall
proceed.
In ease the party shall
refvie to accept the
som aiwarded.
In case of ejectments
beinff bnmriit. award
may DC pleaded in bar .
Second arbitration.
Sereral arbitrators.
Bridges over highways
XXi. And be it fttrtker mioied by tlie aiitborily albrasaad. Thai ihewdooa^f/mfsiafi
bave foil power and authority for tba porpiwea of kmiog and completing tbe aaidcai^
to pttrchase and hold in their corporate eapaeity auch re^ estate as may be necessary tar
all the purposes of the said canal and of this aet: Provided always^ That the lines of
demarkation oh the right and left side of the said canal, in its whole course, shall not be
less than two chains apart, in any portion of the route, and that the space between these
lines shall be whc^y oecupied by the canal, its banks, basins, roads, towing patbs^ ^xd
bridges.
XXIL And be it further enaeted by the autbofity aforesaid, That the said directois of
the said company, for the time being, shall have full power to contract, compound, com-
promise, and agree with the owners and occupiers of any land, throughout or vpon wIMi
the said canal may most advantageously pass, so that «uch purchase shall ewhrace aod
extend to the aforesaid, proposed lines of demarkaticm, of two chains distaae^ jfconx each
other, throughout the course of the said canal.
XXIIl. ^d be it further enacted by the authority afonesaid. That if, in the niaking of
such contract, cotK^M>sition, compromiaCj of agreement, any obstacle should arise t^twtea
the parties thereto, touchiisg the value of the portion of land to be brought for tbe purposes
aforesaid, then, and in such case, it shall and inagr be lawful for the directors, ior the time
beings from time to time, as they or the majority of them may think fit, to appoint one or
more person or persons as arbitrator or arbitrcttors on the port of the said company, and
also for the party or parties disagreeing as to the value as aforesaid, to s^i^int one or
mote person or persons, being an equal number with those chosen by the said directors,
as arbitrator or arbitrators on his or their part i and that the persons so chosen on botii
rides, shall, having met for that purpose, ehoose by ballot one other indi£fereni person,
and the wlKiIe number of persons io chosen shall be the arbitrat^nrs between the parties
disagreeing; and that the daid arbitrators shall be sworn by a justice of the peace, justly,
impartially, and equally, as (aar as in thein lie, to the best of their judgment, to deternune
the matter to be to them refi&rred.
XXI¥. And be it fm-ther enacted by the authority aforesaid, That if, after eight day s^
notice in writing, given to the party so differing as to the value as aforesaid, such party
wfll not nominate or appoint an arbitrator or arbitrators as aforesaid, on his part, it shall
and may be lawful for the said directors to add to their first nomination as many others,
not being stockholders of the said oomptoy, as and for the arbitrators of the party so
refniting to nominate for himself, and such added arbitrators diall have like power as if
named by the party himself, and shall ballot for the additional arbitrator.
XXV. >And be it fcfrther enaeted by the authority aforesaid, That the board of artntra-
tors so constituted, shall fix a convenient day for hearing the respective parties, and shall
give eight days' notice at least of the day and place, and having heard the parties, or
otherwise examined into the merits of the matters so brought before them, the said arbi-
trators, or a majority of them, shall make their award and arbitrament thereupon in writing,
which award or arbitrament shall be final, as to the value so in dispute, as aforesaid.
XXVI. And be it further enaeted by the authority aforesaid, That if the party refuse
to accept the value of the land so ascertained by the arbitrators as aforesaid, till the end
of the second term in his Majesty's court of king's bench next after the making of the
»ward and tender of the value thereby ascertained, then and in such case, the said
<firectors for the time being, shall be at liberty, and shall have full power, to occupy the
piece of land so valued by the arbitrators, and to cut, excavate, embank, and otherwise
use the same, for the purposes of the said canal, in the same manner as other poTtions of
die route thereof^
XXVU. And be it jfarther enacted by the authority aforesaid, That if any action of
ejeetment, or other action, real, personal, or mixed, for or on account of the caid occupa-
tion, cuttii^, excavation, embankment, or other use of the same, by the said company,
their servaals or agents, or other person or persons using the said canal or roads, bridges,
pathways, passes, or other commodities thereof; the said award shall and may be pleaded
in bar to such action, any time after the said two terms in the said court of king's bench,
notwithstandii^ any defect in form or substance in the said award: Pro\'idod always,
and it is hereby enaeted and declared, That it shall and may be lawful to, and for the party
or parties interested in the land mentioned in the award, or the agents by counsel, at any
time within the two next terms as aforesaid, after the same hath been made, and the
anaount of the value awarded tendered, to move the court of king's bench to set aside
saeh award for corruption, or any other matter or thii^, for which awards are now subject
to be impugned at law : Provided also, That if the first award be so set aside by the court
of kmg's bench, the matter in difference may again be submitted to other arbitrators, and
so, toties quoties, till satisfaction be rendered between the parties.
XXVIIL And be it further enacted by the authority aforesaid, That whenever it shall
be neoeasary to cut into or upon any Ughway, in order to conduct the said eaoal by or
Digitized by VniJOVJ LC
NiHTH Pabuamknt.]
C. Id. — Seventh Year of George IV. — 1896;
491
through the same, the said company shall, within one month after cutting through or into
sudh highway, cause to be constructed a secure, sufficient, and commodious bridge for the
passing of carriages, or otherwise sufficiently repair the damage so as to re-establish the
commimication between the several parts of such highway under a penalty of five pounds
currency for each and every day after the expiration of the said time, which the said
company shall neglect to construct such bridge, or repair such damage as aforesaid ; and
whereas the navigation of the water between the work or canal contemplated by this act,
and the outlet from Burlington bay into lake Ontario may be obstructed by ordinary bridges
erected thereon, and connecting public highways legally established ; for remedy whereof,
be it therefore enacted by the authority aforesaid. That it shall and may be lawful for the
said company to convert such ordinary bridges into draw bridges, keeping the said draw
bridges in that situation that his Majesty's subjects and others, with their horses, cattle,
and carriages, may pass thereon at all times, except when actually required to be open
for the purpose of passing with boats, vessels, or other craft, navigating the said carial^
XXIX. And whereas the said Peter Desjardins has already expended a large sum of
ukoney towards constructing a part of the work contemplated in this act, and it is just
that he should be paid, or otherwise reimbursed or imdemnified for the same, and the^aid
Peter Desjardins is willing to accept stock to the amount of one half part of his expen-
diture as aforesaid, and security for the payment of the other half ; it is therefore further
enacted by the authority aforesaid. That it shall and may be lawful for the said Peter
Desjardins, at his option, to subscribe for as many shares of stock as may be equal in
value, at me rate aforementioned of each share, to the moiety or half part of his said
expenditure, upon estimiation thereof, made by competent persons and approved by the
said directors as just, the before mentioned limitation of twenty shares as the maximum
of stock, for which any one individual is permitted to subscribe within the ninety days of
the first opening of the books of subscription as aforesaid,- to the contrary notwithstanding.
XXX. And DC it further enacted by the authority aforesaid. That the directors shall
have power and authority, by 'deed or bond, to secure to the said Peter Desjardins the
payment of the other moiety of the said expenditure, so to be ascertained and approved
as aforesaid ; such payment to be made in four annual instalments, equal in period and
amount, bearing lawful interest from the time of the passing of this act.
XXXI. And be it further enacted by the authority aforesaid. That in case it should
at any time happen that an election of directors should not be made on the day, when,
pursuant to this act, it ought to have been made, the said corporation shall not for that
cause be deemed to be dissolved; but it shall and may be lawful on any other Jay to hold
and make an election, in such manner as shall have been regulated by the rules of the
said corporation, to be made for that purpose, not contrary to the provisions of this act.
XXXII. And be it further enacted by the authority aforesaid, That it shall be the duty
of the directors to make annual dividends of so much of the profits of the said company,
as to them, or the majority of them, shall appear advisable, and that once in everv three
years, and oftener, if thereto required by a majority of the votes of the stockholders, at
a general meeting to be called for that purpose, an exact and particular statement shall be
rendered of the state of their afifairs, of debts, credits, profits, and losses, such triennial
statements to appear on their books, and to be open to the perusal of any stockholder,
upon his reasonable request. .
XXXIII. And be it further enacted by the authority aforesaid, That this act shall be
deemed and taken to be a public act, and as such shall be judicially noticed by all judges^
justices of the peace, and other persons, without being specially pleaded.
XXXIV. And be it further enacted by the authority aforesaid. That this act, from the
time of passing thereof, shall continue in force for fifty years, and from thence to the end
of the then next ensuing session of parliament, at which time the cstite, rights, titles^
tolls, and rates of the said canal, with the waters and navigation thereof, shall vest in his
Majesty, his heirs and successors, to and for the use of this province, in manner aforesaid,
unless otherwise provided for by any act of the legislature, to be for that purpose at any
time hereafter enacted.
Peiidfr*
Power io alter badge*
erected orer bighwaji •
lodemaiiieetioii to Pe-
ter DesjiMrdins, for mo-
ney exf«lkded bjUm.
Row •neb indenBity
shall be seeured aaa
paid.
In one of fiolwe to
efoet direeton <m tbe
.regidar dl^y charter not
dUMlTCd.
Prooeodiag ia that
case.
Diridcndt.
Oenend aeeowitto be
fomiahed of the affidn
ortheeompaBy.
P'uUieact.
Act to eontiniie Ally
years.
At the expiration of
that tim^eanalj fte. to
Teat in bit Majesty.
(8ee8UiGeo.IV,c2.>
Chapter XIX.
An <tci to repeal parts of^ and to explain and amend the several acts of this province^
rdating to the WeUand cancU company.
[Passed January 90, 1826.]
Whersas it is expedient to explain, alter, and amend an act passed in the fouilh year
of his Majesty's reign, entitled, " An act to incorporate certain persons therein mentioned,
under the style^ and title of the WeUand canal company,'' and also a certain other act
passed in the sixth year of his Majesty's reign, entitled, ^^ An act to rejieal part of and
63 Digitized by
Preamble.
Reciting tbe 4th Geo.
IV, c I, and «th Geo.
IV,c2. ^
VrrOOgle
4ti
C. 19.— SsnarrH VkAB or GasoBfic IV.»1826.
{
WclfaUMlcWMa.
DeviatioD authorized
in part of the line of
the eaaal as heretofore
eatabLuhed.
4th Geo. IV, e 17, • 2,
exnlaued, as it regards
mill seats.
Value of miU seats how
tobeaseettaiBed.
4th Gm. IV,el7, s7,
extended so as to au-
thorize arbitrators to
consider what advan-
tages individuals will
receire from the eanal.
Proriao.
Time -limited for refer-
ring churns to arbitra*
tiof.
and for paying stuns
awarded,
Reooed J where persona
shall be deprived b^
the eanal of any- privi-
lege of water.
extend the provisions of an act passed in the fourth year of hia preaent Mqea^'t rejgas
entitled, ^ An act to incorporate certain persons therein -mentsoBed, under tiie 9tyle asd
title of the Welland canal company ;' " and \)i4iereas it has been found, that to deaeend
the mountain by the route prescribed by the seventh sectimi of the above recited #taiiile,
passed in the fifth year of his Majesty's reign, would be attended with great diffieidfty
and expense, and that a new route has been surveyed and reported opoti, whiiA will
diminish the distance and expense, and afford a more easy and praetieriyle deaeeni ; and
whereas the president and directors of the Welland eanal company have, 1^ petiftioa,
prayed that the legislature would sanction a deviation, as hereinafter meotioiied, fran the
route prescribed by the act last mentioned, and it is expedient to authorifle tfie
be it therefore enacted by the King's most excellent Majesty, by and withttie adviee and
consent of the legislative council and assembly of the province oi Upper Canada^ mUaUlMed
and assembled by virtue of and under the authority of an act passed in the pariMmnt «f
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in tibe iourleenth
year of his Mqesty's reign, entitled, ^ An act for making more effectual provisiQD for the
government of the province of Quebec, in North America, and to flSake further provisioii
for the government of the said province,' " and by the authority of the same, TkA
so much of the seventh clause of the last above mentioned act, as relates to the route
along which that part of the said canal which is to connect the river Wefland with
lake Ontario shall be conducted, shall be, and the same is, hereby repealed ; and that the
route along which that part of the said canal shall be conducted, shall be as follows, that is
to say ; by Shaver's ravine and Dick's creek, to the valley of the Twelve-MiM creek, as
the said route has been surveyed and reported upon by Mr. Clowes and Mr. Roberta,
engineers, or as nearly thereto as circumstances will permit, and that from the and
Twelve-Mile creek to lake Ontario, the same route shall he pursued as has been preaeribed
by the act last mentioned, or^as near thereto as circumstances will permit.
II. And whereas by the second clause of the said act passed in the fourth year of his
Majesty's reign, it is provided that nothing therein contained shall extend to oompel the
owner or owners of any mill seat to sell, convey, or otherwise depart with the same to
the said company, and it being intended that the said proviso should only a]^y to such
good mill seats as actually existed before the making of the said canal ; be it Uierefore
enacted by the authority aforesaid. That the said recited proviso shall not ertend or be
construed to extend to any mill seat or mill seats not existing befere the making of the
said canal.
III. And be it further enacted by the authority afoi*eaaid. That the v^ue of any mill
seat or tract of land which the said company shall be authorized to purchaae for the pur*
poses of machinery, shall be ascertained, in case of disagreement, by arbitrators, in the
same manner as the value of the land is to be assessed through which the said canal shall
pass ; and that the said arbitrators shall be also empowered to decide whether the mill
seat, or site, or other machinery desired by the said company, is such as the person owning
ttie same can be compelled to part with to the said company.
IV. And whereas it is desirable that the arbiti*ators, to be appointed under the seventh
clause of the said act passed in the fourth year of his Majesty's reign, should be empow-
ered to consider the advantages as well as the disadvantages of the said canal, as respects
the lands of any person or persons through which the same may pass ; be it there&iira
enacted by the authority aforesaid, That the said arbitrators so to be appointed as aforesaid,
shall and may, and they are hereby authorized and required, in asses^g the value of any
lands or tenements of any person or persons proposed to be purchased by the said company,
or the amount of damages to be paid by the said company to any person or persons under
the provisions of the said seventh clause, to take into their consideration the advantage
likely to accrue, as well as the injury or damage occasioned to lands or tenements by
reason of the said canal : Provided always, nevertheless, That it shall not be in the power
of such arbitrators to award that any such sum shall be paid by any person or persons to
the said company, on account of any such advantages as aforesaid.
V. And be it further enacted by the authority aforesaid, That all matters of disagree-
ment or dispute to be settled or determined by arbitration, under the- provisions of the said
seventh clause of the said act passed in the fourth year of his Majesty's reign, shall be
referred to arbitrators, as therein provided, so that the award or awards of such arbitratCM^
may be made, published, and declared, on or before the first day of September next, and
that all and every sum of money, by such award or awards directed to be paid by the
said company, shall be paid to the party or parties entitled to receive the siUneon or before
the first day of October next.
VI. And be it further enacted by the authority aforesaid, That whenever the eaud, to
be made by the said company, in any part of its ootirse from the Grand riv«r to Uto
Ontario, shall have the effect of depriving any person possessing lands ^iao^at tfieretOi
of any privil^e or convenience of water, for ordinary purposes, which he had befoiB
Digitized by VniJOVJ IC
NlJim PABIMmNT.]
C. 20.--Ssv»n VcAi^ or 6«om& IV.— 1886.
4fMi
eB|4i9red« U ahaU be uaoumbent ujkmi the said comiMiny to allow to the person or persooa,
tbea and «t all tinea hereafter posaessisg the said lands, free and convenient access, for
penoDfi and cattle^ to the waters of the said oanaL
VU. Aiid whereas in consequence of the enlai^ment of the said canal, in order to adapt
it to schooner navigation, it is expedient to rej^al the eleventh clause of the said act
paseed in the fourth jear of his Majesty's reig^, and to make further provision in respect
thereof, be it therefore enacted by the authority aforesaid, That the said clause shall be,
and the Mine is, hereby repealed ; and it shall be lawful for any person possessing lands
tllro^|^ which the said canal shall pass, and upon which there shall now be buSdings,
improvements, or fields, which the said canal shall divide, to erect a bridge at his own
ejElieiisa to ooaoeot the same : Provided always, That such bridge shaU not prevent greater
ohetafiflH Id tile ilavigation of the said cand thah the bridges erected thereon by the said
oompaajr.
4thO«o.rV,el7,tll,
repealed.
Regnlatknii Mtobridf-
ea over the emal.
Chapter JLX.
An Act to to authorize the government to borrow a certain sum of money , upon debenture^
to be loaned to the Wettand canal company.
[Pikssed January £0, 1828.]
WnniBAS the ^elland canal company are desirous of raising, by loan, the sum of
twenty^ve thousand pounds, lawful money of this province, to facilitate the completion
of the canal now in progress, to connect the river Welland with lake Ontario ; and whereas
it is eiroedient that the governor, lieutenant governor, or person administering the govern-
ment of the said province, should be authorized to raise the said sum of money, by debenture,
as hereinafter provided, in order to loan the same to the said company ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitied, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more enectual provision for the government
of the jMtrvince of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That from and
after the passing of this act, it shall and may be lawful for the governor, lieutenant governor,
or person administering the government of this province, to authorize and direct his
Majesty's receiver general of this province, to raise by loan from any person or persons,
bodies corporate or politic, who may be willing to advance, upon the credit of the govern*
ment bills or debentures, authorized to be issued under this act, the said sum of twenty-five
thousand pounds, and that as soon as the said sum of twenty-five thousand pounds, or any
part thereof, shall be so raised, it shall and may be lawful for the governor, lieutenant
governor, or person administering the government of this province, to issue his warrant
upon the said receiver general for the same, in favor of the said Welland canal company,
upon the terms and conditions hereinafter provided respecting the same.
II. And be it further enacted by the authority aforesaid. That it shall and maybe lawful
for the receiver general, for ihe time, to cause or direct any number of debentures to be
made out for any such sum or sums of money, not exceeding in the whole the said sum
of twenty-five thousand pounds, as any person or persons, bodies corporate or politic, shall
agree to advance on the credit of the said debentures, which debentures shall be prepared
and made out in such method iand form as his Majesty's receiver general shall think most
safe and convenient, and be signed by him ; and that for each loan or advance, three
several debentures shall issue at the same time, bearing date on the day on which the
same shall be actually issued, and being each for the payment of one third of the sum so
advanced, at the expiration of two, four, and six years respectively, with interest at six
percent, per annum, from the date of each debenture, until the same shall be dischaiged.
in. And be it further enacted by the authority aforesaid. That all such debentures, with
the interest thereon, and all charges incident to or attending the same, shall be, and are
hereby, charged and chargeable upon, and shall be repaid or borne by and out of the
monies that rimll come into the hands bf the receiver general of this province, to and for
the pnUic uses of the said province, on account o{ the proportion payable thereto of duties
which already have been, or hereafter may be, levied and received in the province of
Lower Canada, upon eoods imported into this province.
IV. And be it fuither enacted by the authority aforesaid. That the debentures which
shall be lawfully issued by the authority of this act, and shall from time to time remain
imdisefaamd and uncancelled, shall and may, after the period therein appointed for the
payment Uiereof, be received and taken, and shall pass and be current to all and every
the receivers and collectors in this province, of the customs, or of an^^ revenue or tax
Digitized by
(The proTiaioni of tliia
act to apply to the loan
to meet the appropria-
tion forhiKhvaya and
bridges. SeelltliGeo.
IV, c SM, ■ 6. liE>. to
the loan to the WeOand
canal, llOi Geo. IV, e
11, ■ 7. Do. to the
Burlinrton bay canal,
nth Geo. IV, c 12 s 9.)
£26,000 to be
by loan and adyapeed
to the Welland canal
company.
Debentmfet to be ista-
ed for nich loen.
DebeiitaKs
«pon eertain pvUicM-
Debentnres to pass cor^
rent with all public ac-
counts.
Google
C. 90.— SaTfiMTR YsAH or OnbftOfe lV.^lQB6.
[flflcoim
Interetl o^ (|^i>*nti)res :
in wbat case to eease.
Mfttliod of HCfrtiiiiiiii^
for w|fit period the in-
toieft OB rach deben-
twee ti^ }ip eif^p^nd-
ed.
€!epital felony to foi|;e
enjr debenture or m-
donement thereoa, or
to alter any snch forged
debenture kaan^inely
aadwitl^ intent tude-
fiand.
Aeaoantf of debentitrea
ontetandmgi &c. to be
•nboijtted bv the le-
fahror gancrai,
latarait ^ecrniac upon
ipabeatmas sball be
paid half yearly, on de-;
mand by the repeiyer
ggneffal-
whatsoever, granted, dae, or ptfyabie, or which maj hereafter be granted, due, or payaMe
to his Majesty, his heirs luid successors, under or by virtue of any act of the parliament of
Great Britain, or of the provincial parliament, or otherwise ; and also at the oflBiee of the
receiver general of this province, from the said collectors and receivers, or frcnn any person
making any payment there to his Majesty, his heirs and successors, upon any account, or
for any cause whatsoever ; and that the same in the hands of such collectors and receivers,
apd in the hands of the receiver general of this province, shall be deemed and taken as
cash, and as such shall be chai^g^ against and credited to such collectors' and receivers,
and to such receiver general aforesaid, respectively, in their accounts with each other and
with his Majesty, his heirs and successors.
v. And be it further enacted by the authority aforesaid. That the interest which shall,
from time to time, be due upon any debenture, which may be so issued, shall be allowed
to all persons, bodies politic and corporate, paying the same to any receiver or ooHeetor of
any of his Afajesty's revenues in this province, to the respective days whereupon such
debentures shsdl be so paid : Provided always. That no interest shall run or be paid upon
or for any such debenture, during the time such debenture so paid shall remain in die
hands of any of the said receivers or collectors, but for such time the interest on every
such debenture shall cease.
VI. And. to the end that it may be known for what time such debentures, bearing inte*
rest, shall from time to time remain in the hands of such receivers or collectors as aforesaid,
be it further enacted by the authority aforesaid. That the person or persons who shall pay
any such debenture or debentures, so bearing interest, to the receivers or collectors of any
of his Majesty's revenues or taxes, shall, at the time of making such payment, put his or
their name or names, and write thereupon, in words at length, the day of the month and
year in which he, she, or they paid such debenture, bearing interest ; all which the said
collectors and receivers, respectively, shall take care to see done and performed accord-
ingly ; to which respective days the said receivers and collectors shall be allowed again
the interest which he or they shall have allowed or paid upon such respective debenture,
upon his or their paying the same into the hands of the receiver general as aforesaid.
VII. And be it further enacted by the authority aforesaid, That if any person or per-
sons shall forge or counterfeit any such debenture as aforesaid, which shall be issued
under the authority of this act, and remain uncancelled, or any stamp, indorsement, or
writing, thereon or therein, or tender in payment any such forged or counterfeited deben-
ture, or any debentures with such counterfeited indorsement or writing thereon, or shall
demand to have such counterfeit debenture, or any debenture with such counterfeit
indorsement or writing thereupon or therein, exchanged for ready money, by any person
or persons who shall be obliged or required to exchange the same, or by any other person
or persons whomsoever, knowing the debenture so tendered in payment, or demanded to
be exchanged, or the indorsement or writing thereupon or therein, to be forged or coun-
terfeited, and with intent to defraud his Majest^, his heirs or successors, or the persons
appointed to pay off the same or any of them, or any other person or persons, bodies poUtic
or corporate ; then every such person or persons so offending, being thereof lawfully
convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit
of clergy.
VIII. And be it further enacted by the authority aforesai<^ That the receiver general
of this province, for the time being, shall, before each session of the parliament of this
province, transmit to the governor, lieutenant governor, or person administering the
government of this province, a correct account of the numbers, amount, and dates of the
different debentures, which he may have issued under the authority of this act, of the
amount of the debentures redeemed by him, and the interest paid thereon respectively,
and also of the amount of the said debentures outstanding and unredeemed at tne period
aforesaid, and of the expenses attending the issue of the same, and of carrying this act into
execution, and also of the sum or sums of money lent and advanced to the said Welland
canal company, under the authority of this act, with a correct account of the numbers,
amount, and dates of the different bonds which he may receive from the said Welland
canal company, according to the provisions of and under the authority of this act, for the
monies so lent and advanced, of the amount of the said bonds redeemed by the said com*
pany, and of the interest paid (hereon respectively, and also of the amount of the said
bonds unredeemed at the period aforesaid, to be laid before the legislature of this pro-
vince.
IX. And be it further enacted by the authority aforesaid. That the interest growing due
upon the said debenture shall and may be demandable in half yearly periods, computing
from the date thereof, and shall and may be paid on demand by the receiver general of
this province, for the time being, who shall take care to have the same indorsed on each
debenture, at the time of payment thereof, expressing the period up to which the said
interest shall have been paid, and shall take receipts for the same from the parties respee-
Digitized by VrjiJOV IC
Njorvb pAiubiAMCsrr.]
C. 90.— SxvxmcR Yiuui of Gbobas IV.-
48S
Remnneratioii to the
receirer general, and
penotts employed mi-
der him.
I>ebeatiiref when doc.
beeaaceDed.
Caning in debentoms.
tively, and that the govenior, lieutenant governor, or person administering the government
of ibis province, shsdl, after die thirtieth day of June and the thirty-firstaa j of December,
in eaeh and every year, issue warrants to the said receiver general, for the payment of ^'"^'^ ^ ^ "*^"^
the amount of interest that shall have been advanced, according to Uie receipts to be by ^^ '
him taken as foresaid.
X. And be it further enacted by the authority aforesaid, That the receiver general of
this province, and the person or persons necessarily employed under him in the execution
of this act, shall severally have and receive such rewards and allowances as the governor,
lieutenant governor, or person administering the government of this province, and the
executive council thereof, shall adjudge to be reasonaUe, and shall direct to be allowed
them for their respective services in &e execution of this act ; and that the same shall be
paid in discharge of such warrant or warrants as the governor, lieutenant governor, or
person administering the government of this province, shall from time to time issue for
that purpose.
XI. And be it further enacted by the authority aforesaid. That a separate warrant shall ^^„ ^
be made to the receiver general by the governor, lieutenant governor, or person adminis- S^^Oe^w'^ warrant
tering the government of this province, for the time being, for the payment of each ni; and wi^^aSua
debenture, as the same may become due, and be presented m favor of the lawful holder ^ "~^
thereof, and that such debentures as shall from.time to time be discharged and paid off,
shall be cancelled and made void by the said receiver general.
XII. And be it further enacted by the authority aforesaid. That at any time after the
said debentures, or any of them, shall respectively become due, according to the terms
thereof, it shall and may be lawful for the governor, lieutenant governor, or person admi-
nistering the government of this province, if he think proper so to do, to direct a notice
to be inserted in the Upper Canada Gazette, requiring all holders of the said deben-
tures to present the same for payment, according to thb act ; and if (after insertion of the
said notice for three months) any debenture then payable shall remain out more than six
months from the first publication of such notice,.all interest on such debentures, after the
expiration of the said six months, shall cease, and be no further payable, in respect to the
time which may elapse between the expiration of the said six months and theu: present-
ment for payment.
XIII. And be it further enacted by the authority aforesaid. That the said receiver
general of this province, for the time being, shall not pay or advance to the said Welland
canal company any sum or sums of money specified in or by virtue of any warrant or
^ivarrants which may be from time to time issued in their favor by the governor, lieutenant
governor, or person administering the government of this province, under the authority of
this act, until the said Welland canal company shall have delivered to the said receiver
general a bond or bonds, or writing or writings, obligatory to our sovereign lord the King,
his heirs and successors, duly sealed and executed, under the seal of the said Welland
canal company, in the penal sum of double the amount to be secured thereby, such bond
or bonds respectively to be conditioned for the repayment to the said receiver general, to
and for the* use of our said lord the King,' his heirs and successors, the sum or «ums of
money specified in the said warrant or warrants that may be from time to time issued in
favor of the said Welland canal company, by virtue and under the authority of this act ;
and at such period or periods respectively as the debenture or debentures upon which
such sum or sums of money so to be from tiikie to time advanced to the said company, by
way of loan, may have been raised, shall respectively become due and payable, acc6rding
to the terms thereof, together with legal interest thereon, at the rate of six per cent, per
annum, such interest to be paid to the said receiver general, to and for the use of our
sovereign lord the King, his heirs and successors, half yearly, computed from the date or.
dates ofdie said bond or bonds respectively, and which bond or bonds respectively shall
be prepared and made out in such method and form, as the said receiver general shall
think most safe and proper.
XIV. And be it further enacted by the authority aforesaid. That upon payment, by the
said company, to the receiver general of this province, for the time being, of the principal
or interest upon any sum or sums of money from time to time lent and advanced to the
Welland canal company, by virtue of any such warrant or warrants, issued under the
authority of this act, according to the condition, true intent, and meaning of any bond or
bonds to be given by the said company, for securing the same as by this act required ;
such receiver general shall deliver to the said company a receipt or receipts for the same,
under his hand, which receipt or receipts, so signed and delivered, shall be, and are hereby
declared to be, a full and sufficient acquittance or acquittances to the said company for the
sum or sums therein respectively mentioned and specified.
XV. And be it further enacted by the authority aforesaid. That all and every sum and
sums of money from time to time paid into the hands of the receiver general of this pro-
vince by the said Welland canal company, as a principal or interest upon any bond or the profince, &c. t
Digitized by VnUUQlC
On fiOhne to
them, aaer • 'eerteis
tine, intereit to eeue.
Before any advance ia
made, company to give
bond ■ecofiiig repay-
ment! with intereat.
How bond to be ae-
quitted on payment.
Money adraaeed thall
when repaid be applied
to Uie imblic niea of
the prorince, he.
a Sir-'-^svnmi Ybab of OMMlfi IV.~1826. [f
boads of the sdU eOmpaaJr, given by mtiio of thia aet^ shall renaia ia the hfliAi of 0ucb
neeiTor general, to the me of his Ma}e»ty, hia heifsatid auceeaaors, for the paUie uaesof
Otb prorince and suppert of the govenuneat thereof; and that the same shall remain at
tike fUspoaal at the legfalaluro thereof^ end together with aU itioiues required to b& paid bj
the authority of this act, which shall be paid by the receiver general in disehaige ef such
warrant er warrants as shaU for that purpose be issued by the governor, lieutenant gover-
nor, or person adaunistering the government of this province, AaH be accounted for to
hb Mqesty throu^ the lords CMmiissioneni of hia treaaury, for the time bein|^ in aueh
flMUiaer and form as hia Miyeaty, hia heira and aueeeaabrs, ahidl be gracieualy pleaaed to
diveot
CSmpter XJCf *
An 4ict to authorize certain persons therein namedy and their successors^ to KM cMoin
lands for the purpose therOn menibmed.
"^ " CPteMdi>Mitf78b,iaai
WH£BifcAd Thomas Cdrfrae the votitig^, Peter McPbail, and other inhabitanta of (be
town of Yortt, have by their petition set forth, that owin^ to the influx of the inhabttants
of the town 01 York and the small portions of ground hittierto allotted for the pnrpose of
cemeteries, it has become desirable that a plot be obtained for the purpose of a geuenLl
bnryhig ground, ds well for strangers as for the inhabitanta of the town, of whatever sect
or denomination they may be ; that several meetings of the inhabitants of the said town
have been held, in order to fix upon some plan to obtain the required land ioK that par-
pose, and that arfangements have been made for purchasing and enclosiug, by means of a
private subscription, a tract of six acres of land, in the vicinity of the town of York;
and whereas it is prayed by the said petition, that Peter Patterson, John Ewui, Thomas
Carfirae the younger, Thomas David Morrison, and Thomas Hdlowell, who ha^e been
nominated by the subscribers as trustees) may be enabled to hold to tl^m and their suc-
cessors, in a corporate capacity, the six acres of land which shall be purdiased for the
. purpose aforesaid, and that power be given to make such rules and regulaticms as may be
necessary respecting the same ; be it therefore enactedby the King's most excellttit Majesty,
by and with tne advice and consent of the leeishtive council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, -entitled, ^ An act to repeal certain parts of
an act passed in tne fourteenth year of his Majesty's reign, entitled, * An act for making
more effectual provision for the sovemment of the province of Quebec, in North America,
and to mdce fturther provision for the government of the said province,' " and by the
^JJjWj 'S*tt3M*o anttiority of the same. That it shall and may be lawful for the said Peter Patterson, Joha
IniSelH^ to UMm aad Ewart, Thomas Carfrae the younger, Thomas David Morrison, and Thomas H<dloweIl, to
*^*^"*ofiii3L for^ purchase, have, hold, receive, and take, a conveyance of any such convenient parcel or tract
pwpoiw of a bnijina of land in the said township of York, not exceeding six acres in ihe whole, as they may
v^^^^ be enabled to contract for, for the purpose aforesaid, and that it shall and may be lawful
for the said trustees so purchasing such parcel or tract of land, and their successors, to be
appointed as hereinafter mentioned, to nave and to hold the same, to and for the use and
purpose aforesaid, in perpietuity forever.
How raceeedug (nn- IL hxA in order to prevent the failure of such estate in succession, be it therefore
toM tobeehoMB. forther enacted, That whenever it shall happen that more than two of the trustees herein
named shall die, or shaH become resident abroad, or become incapable of acting in the
said trust, it shall be in the power of the inhabitant householders of the town of York,
upon notice thereof being given in the government Gazette, at least thirty days before
. such meeting, by the remaining trustee or trustees, to elect, at a meeting to be held on
the first Monday in the month of January, by the vote of the majority of such house-
holders, the requisite number of trustees from among the inhabitant householders of the
said town of York, to complete the number of five trustees, and that immediately upon
such election, the six acres of land so to be purchased as aforesaid shall become legally^
vested in such trustees.
TiiuteM may make III. And be it further enacted by the authority aforesaid, That the trustees, for the
rates, not repagnant, ^^^ being, for the purposes of this act, shall have power at all times hereafter to make
such rules and regulations, not repugnant to the laws ef this province, as may be necessary
for the due management of the said land for the purpose aforesaid.
Digitized by
Google
Nuim P»»i.iiWiiwT.]
C. S9, 33, 9S4» S&<-^S«T»w YsAa pr Gwmji }V.— 1886.
4m
Chapteir XXII.
A^oci far tikerMef of Jame$ EdmarA.
Chapter XXUI.
An act far the rdief of Leonard Soper,
■Ix moMlk«tDtnventtMivJKq«Mtioaof «fie6ftflefltibg|il8 land, (lot
) VD^nr ^WiGw. Ul, c 12.1
Chapter XXIVt
ia act to grant to Ha Ma/^Hyi a sum of money for the encouragement of zwmnfacturinf^
foper in this province,
(Pused January 80, 182&3
Most oRACiors Soterbign:
Whereas it is expedient to encourage the manufectnre of paper in this proTtnee ; p^reamUe.
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the Icdslative council and assembly of the province of Upper Canada, consti-
tuied and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act paSsed in the four-
teenth year of his Majesty's reign, entitled, * An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province,' " and by the authority of the same,
That from and out of the rates and duties ndw raised, levied, and collected, or hereafter
to be raised, levied, and collected, and in the hands of tiie receiver general, unappropri-
ated, there be granted to your Majesty, your heirs and successors, the sum of one
hundred and twenty-five pounds currency, which said sum of one hundred and twenty'^five
pounds shall be applied in payment of a preniiuni, or bounty, to such person or persons
who shall build a mill and machinery for the purpose of manufacturing piB^r inthi» pro-
yiDce, and carry the same into successful openUion.
IL And be it further enacted by the authority aforesaid. That the money hereby
graDted shall be paid by the receiver general of this {Mt>vince, to such person or persons
as shall produce to the governor, lieutenant governor, or person administering the govern-
ment of this province, in council, satisfactory pro<tf8 that he or they have erected and
brought into successful operation, a paper mill, according to the intent and meaning of this
act, in discharge of such warrant or warrants as shall for that purpose be issued by the
governor, lieutenant governor, or person administering the government of this province,
and be accounted for as your Majesty, your heirs and successors, shall be graciovaly Accanntedfor.
pleased to direct.
jSl2Stobe giren as a
premium to tha fint
person who ahaD aet np
a maiialactojy of paper.
Oo what proof themo-
M7 shallM paid.
Freimble.
Cliaptcr XXV.
Anad to grant to his Majesty a certain sum of money ^ to he applied in makings repair-
ingy and amending highways and bridges in this provisuse.
Most gracious Soversign :
Whereas it is desirable to afford aid towards repairing roads and erecting bridges in cer-
tain parts of this province ; may it please your Majesty that it may be enacted, and be it
enacted by the King's most exoellent Majesty, by and with the advice and consent of the
legislative council fmd assembly of the province of Upper Canada, constituted and aasem*
^^ by virtue of and under the authority of an act passed in the parUament of Great Britain^
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of hif
Majesty's aeign, entitled, ^ An act for making more effectual provision for the govemmeiit
of the provjnee of Quebec, in North America, and to make further provision for the govern-
ment of tke said province,' " and by the authority of the same, That from and out of the
f^^ and duties already raised, levied, and collected, or hereafter to be raised, levied, and
collected, and unappropriated, there be granted to your Majesty, your heirs and successors,
the sum of one thousand two hundred pounds ; which said sum of one thousand two
nondred pounds, shall be appropriated and ap|died as fdUiows, that is to say :
In aid of the society for improving the public road in a part of the townships of Er* How to he dittrihoted.
nestown and Kingston, one hundred pounds: In aid of building a bridge across the ^ j
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pcnded.
C, 86, 8», 28.— ^STBHtH Ybab of Gxoiiob IV.—
Tweive-Mile creek, in the township of Nelson, in the district of 6<»e, and redoeing the
hill, on the north side thereof, four hundred and fifty pounds : In aid of erecting a bn^
across the river Thames, between lot number three in the township of Camden^ and lot
number three in the township of Howard, three hundred pounds : In aid of building a
bridge across the river Rideau, at the foot of the rapid, commonly cdled Daniel Burritt's
rapid, firom lot number twenty-five in the first concession of the township of Marlborough,
to lot number five in the first concession of Oxford, in the district of Johnstown, one
hundred pounds : In aid to improve the road between Mr. Tolman'a in Kitley and Perth,
in the Bathurst district, and to improve the roads in the township of Burgess, and the
townships of North and South Crosby in the Johnstown district, one hundred pounds :
In aid for making a road fi*om Portland to the western part of Lou^iborou|^ and the
road leading from thence to the village of Waterioo, in the Midland district, &f pounds :
To be expended on the road leading through the county of Glengary to Hawkeabury, in
the Ottawa district, one hundred pounds.
II. And be it further enacted by the authority aforesaid. That the monies her^y panted
shall be laid out and expended under the direction of such persons as the govemcN-, lieu-
tenant governor, or person administering the government of this province, shall appoint
as commissioners to carry the provisions of this act into effect, and shall be paid by the
receiver general, in discharge of such warrant or warrants as shall be issued by ibe
governor, lieutenant governor, or person administering the government of the said pro-
vince, for that purpose, and be accounted for to his Majesty, his heirs and successors,
through the lords commissioners of his Majesty's treasury, for the time being, in such
manner and form as his Majesty, his heirs and successors, shall be graciously pleased to
direct ; and that an account of the expenditure thereof in detail shall be submitted to the
legislature at its next session.
Cbapter XXVI.
An adt jot granting certain sums of money to his Majesty y to enable his Majesty to
defray the expense of the administration of justice^ and the support of the a,iM go-
vernment of this province^ for the years one thousand eight hundred and twenly-fivej
and one thousand eight hundred and twenty-six.
[Gnnting £8,973 14b. lOj^. towards the support of the eiyil lenrice, for 1826 and 1836.]
Chapter XXVII.
An act to make good certain monies issued and advanced by his excellency the lieutenani
governor J in pursuance of an address of the house of assembly.
rOnuiting £2fiQ9 19t. 4d. to meet the like som adranced for the eootingent ezpeiuea of the legialatare, in the smimb
fMunble.
A ran not ezeeediog
JSJfiOO to be raiaed by
laan for the parpoae of
erecting buildiii^ for
thelc|[uhitiure.
Chapter XXVIII.
An act to authorize the raising by debenture a sum of money to be applied in ereding
buildings for the use of the legislature.
[Passed January 90, 1826.]
Most gracious Soyerbion:
Whereas it is expedient to provide suitable accommodation for the legislature of this pro-
vince, and to raise a sum of money, by way of loan, for that purpose ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ' An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for Hie govern-
ment of the said province,'" and by the authority of the same, That 'it shall and may
be lawful for the governor, lieutenant governor, or person administering the government
of this province, so soon after the passing of this act as he may deem expedient, to autho-
rize and direct his Majesty's receiver general of this province to raise by loan, from any
person or persons, bodies corporate or politic, who may be willing to advance the same
upon the credit of the government bills or debentures, authorized to be issued under this
act, a sum not exceeding seven thousand 'pounds, to be applied .in erecting and completing
a building suitable and proper for the above purpose. ^^^ j
Digitized by VrjQOQlC
Nnm PaeiiIAmsnt.]
C. 28.— Setbwth Ybar op Gkoroe IV. — 1826.
429
IL And be it fortfier enacted by the authority aforesaid, That it shall and may be lawful
for the receiver general, fcur the time being, to cause any number ^f debentures to be nuide
out for any such sum or sums of money, not exceeding in the whole the said sum of seven
thousand povnds, as any person or persbns, bodies politic or corporate, shall agree to
advance on the eredit of the said debentures, which debentures shall be prepared and
made out in such method and form as his Majesty's receiver getleral shall think most safe
and convenient, and that for each loan or advance, a debenture shall issue, bearing date
at the day on which the same shall be actually issued, conditioned for the payment of th6
said som of seven thousand pounds, or such part thereof as may be actually received, and'
redeemable at a period not exceeding seven years, and shall and may be signed by the
saEid receiver general of this province, for the time being.
III. And be it further enacted by the authority aforesaid, I'hat if any person or persons
diali forge or counterfeit any such debenture as aforesaid, which shall be issued und^f the
authority of Ais act, and uncancelled, or any stamp, endor^emebt or wriiiftg thereon or
therein, or tender in payment any such forged debenture, or any debenture with such
eoimteifeit endorsement or writing thereon, or shall demand to have any such counterfeit de-
benture, or any debenture with such counterfeit endorsement or writing thereupon 01' therein,
exchanged for ready money, by any person or persons who shall be obliged and required to
exchange the same, or by any other person or persons whomsoever, knowing the deben-
ture so tendered in payment, or to be exchanged, or the endorsement or writing thereupon
or therein, to be forged or counterfeited, with intent to defraud his Majesty, his heirs and
successors, or the persons appointed to pay off the same, or any of them, or any other
person or persons, bodies politic or corporate, then every such person or persons so
offending, snail be adjudged a felon, and shall suffer as in case of felony, without benefit
ofclergy-
IV. And be il further enacted by the authority aforesaid, That the receiver general of
this province, for the time being shall, before each session of the parliament of this province,
transmit to the governor, lieutenant governor, or person administering the government of
this province, a correct account of the numbers, amount, and dates of the different deben-
tures which he may have issued under the authority of this act, of the amount of debentures
Redeemed by him, and the interest paid thereon respectively, and also of the amount of
the said debentures outstanding and unredeemed at the periods aforesaid, and of the
expenses attending the issuing the same, to be laid before the legislature of this province.
V. And be it further enacted by the authority aforesaid. That the interest growing due
upon the said debentures shall and may be payable in half yearly periods, to be computed
from the date thereof, and shall and may be paid on demand by the receiver general of
this province, for the time being, who shall take care to have the same indorsed oh each
debenture at the time of payment thereof, expressing the period up to which the said
interest shall have been paid, and shall take receipts for the same from the persons respec-
tively, and that the governor, lieutenant governor, or person administering the government
of this province, shall, after the thirtieth day of June and thirty-first day of December, in
each year, issue warrants to the receiver general, for the payment of the amount of interest
that shall have been advanced according to the receipts to be taken by him as aforesaid.
VI. And be it further enacted by the authority aforesaid. That the receiver genersJ of
this province, and the person or persons necessarily employed under him in the execution
of this act, shall severally have and receive such rewards and allowances as the governor,
lieutenant governor, or person admiilistering the government of this province, and the
executive council thereof, shall adjudge to be reasonable, and direct to be allowed them,
for their respective services in the execution oif this act, and that the same shall be paid
in discharge of such warrdnt or warrants as the governor, lieutenant governor, or person
adoninlstering the government of this t)rovince, shall from time to time issue for that pur-
pose.
VII. And be it further ehacted by the authority aforesaid. That separate warrants shall
be made to the receiver general by the governor, lieutenant governor, or person adminis-
tering th^ government of this province, for the time being, for the payment of each
debenture, as the same may become due, and be presented in favor of the lawful holder
thereof; and that such debentures as shall from time to time be discharged and paid off,
shall be cancelled and made void by the said receiver general.
VIII. And be it further enacted by the authority aforesaid, That at any time after the
said debentures, or any of them, shall respectively become due, according to the terms
thereof, it shall and may be lawful for the governor, lieutenant governor, or person admi-
nistering the government of this province, if he thinks proper so to do, to direct a notice
to be inserted in the Upper Canada Gazette, requiring all holders of said debentures to
present the same for payment according to this act ; and if, after the insertion of the said
notice for three months, any debenture then payable shall remain out more than six months,
from the first publication of such notice, all interest on such debentures, after the expiration
^ Digitized by
Debentaves, hovr to be
oat and iiroed.
PunisluneBt tot forging
•nch debenture*, or ot-
tering them, knowing
them to be forged.
Aeoonnt of debenture!
issued, fce. &o% to be
made olit by the reeei-
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before the legklntare.
Interest When t4 be paid
and how-
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receirer senend and
those employed under
him.
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C. 29, 3D.— S»Tiaw:» Yhab of (hmmm IV.—
of tlie said m months, shall eease, and be no farther payable in reapeet of tte time which
Qiay elapse between the expiration of the atnd six monlhs and dieir praa^ilmettl fior
pajrment*
IX. And be it further enacted by the authority aforesaid. That the honocaUe Wilhaa
AUan, William Thompson, and Grant Powell, esquires, be conumsskMiers for the purpose
of receiving plans and estimates, and of contracting for and siiperiutemttng the ereetisii of
the said buildings, to which said commissioners tl^ sums required to he ejfcauied for the
purposes of ^this act shall be paid, in discharge of such warrant or warrai^ as shall be issued
for that purpose by the governor, lieutenant governor, or person adaufiisteriiig ttie goveis-
ed.
ment of this province, and that the sums so applied shall be aoeounted for to hi» 1
through the lords commissioners of his Majesty's treasury, in such nianser and foon as
his Majesty, his heirs or successors, shall be graciously pleased to direct; and that an
account of such expenditure shall, from time to time, be laid before the iof^riatafo tdiSm
province : Provided always, nevertheless, That if any of the said comaussMoeia duU ^
or shall deeline to act as eommissioner under this act, it shall he in the power of titt
governor, lieutenant governor, or person administering the govemnenl of Ais provmss,
suppii- to appoint a commissioner or conmussiooers, in the room of any one or mora c£mvktamr
nuasioners as shdl die or refose to act as aforesaid.
Ckaptor XXIX.
An act to grant a sum of money to his Majesty j to enable his Mcy^y to compensait tte
services of certain persons therein mentioned.
(Gnmiing £600 to compensate the arbitrator and teeretaiy to liower Canada, qn t|ie ■abject of the (Uvtributioii of d^^]
PlreamMe.
Reciting 0RhG«o.UI,
jBSOO cmnted, to com-
» the I
pletethe monimient to
the memory of the kle
mi^ genenl air Isaac
Brock.
To be applied by the
eommissMiier and an
aceoont rendered to the
Cliapter XXX.
An act to grant a further sum of inoney for the completion of the mwtmnmUta (he
memory of the late major general sir Isaac Brock*
[BaNed Jmmf 90^ |fl|^l
Most gracious Soverrign :
W)iereas it has been represented by the surviving commissioner appointed under ^
act of the parliament of this province passed in the fifty-fifth year of his late Miyesty'e
reign, entitled, ^^ An act to provide for tiie erection of a monument to the memory of the
late president, major general sir Isaac Brock," that a further sum of money is required
to complete the said monument, upon a scale which appears to the commissiqpiieiB worthy
of the object ; and whereas the legislature of this province are happy in testifying oil thu
occasion to ^our Majesty, the continyed veneration with which they regard Ae xuemof
of the late sir Isaac Brock ; may it ples^se your Majesty that it may he enacted, and belt
enacted by the King^s most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada^ constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal pertain parts of an act passed in the fourteenth yeaf of Jiis
Majesty's reign, entitled, ^ An act for making more enectual provision (or the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That from and out
of the rates and duties already raised, levied, an4 collected, to and for the use of this
province, and in the hands of the receiver general, and unappropriated, there be granted
to hb Majesty, his heirs and successors, the sum of six hundred pounds, which said sum
of six hundred pounds shall be paid by the receiver genend of this province to the surviv-
ing commissioner appointed to carry into efiect the provisions of an act passed in the
fifty-fifth year of the reign of the late King, entitled, ^^ An act to provide for the erection
of a monument to the memory of the late president, major eeneral sir Isaiie Brock," in
discharge of such warrant or warrants, as shall be issued oy the governor, lieutenant
governor, or person administering the government of this province, and be accounted for
uiFough the lords commissioners of his Majesty's treasury, for the time being, in such
manner and form as his Majesty, his heirs and successors, shall be graciously pleased to
direct.
II. And be it further enacted by the authority aforesaid, That the said sum of six
hundred pounds shall and may be applied by tlie said commissioner, in discharge of such
expenses as now are or hereafter may be incurred in erecting and completing the monu-
ment ^^ ^^ memory of the late major general sir Isaac Brock, and th^t an account of
such expenditure ^hall be laid before the legislature of this province at its next sessian.
Digitized by VniJOVJ IC
Nimn Pabuamxht.]
C. 31.— SSTBHTH YbAB OF GsOBOS IV.— 1826.
481
Chapter XXXI.
.Asri ad to grant a 9um of money to his Majesty ^ for the purchase of certain machinery
now used in deepening the waters at Burlington bay.
[Passed JanuaiyaO, 1826.]
Sfoar OBAcious Sotbbbion:
Wliereas the contractors for making the canal at the outlet of Burlington bay have
purchased, at much expense, a dredging machine, for deepening the channel in the said
bay, and the commissioners for the said canal hare represented mat it would be advisable
to pcrchase the said machine ; and whereas it is expedient to provide for the purchase
thereof ; may it please your Majesty that it may be enacted, and be it enacted by the King^s
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled >by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An
aet to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for makine more efifectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' '' and by the authority of the same, That there be granted to your Majesty,
your heirs and successors, a sum not exceeding two thousand pounds, which said sum of
two thousand pounds shall be applied by the governor, lieutenant governor, or person
administering the government of this province, for the time being, or so much of the same
as may be required for that purpose, to the purchasing of the dredging machine aforesaid.
II. And be it further enacted by the authority aforesaid. That as soon as may be, after
the passing of this act, it shall and mav be lawful for the said commissioners^ to nominate
and appoint one appraiser, and for the said contractors to nominate and appoint one appraiser,
and the two appraisers so appointed, to elect a third.
III. And be it further enacted by the authority aforesaid. That the apprusers appointed
as hereinbefore mentioned,' shall with all convenient speed proceed to ascertain by the
best means in their power, the actual value of the said dredging machine, and to report
the same to the said commissioners, under their hands and seals, or the hands and seals
of a majority of them.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
this province, on receiving a report from the said commissioners, of the amount so found
to be the value of the said machine, to issue his warrant on the receiver general, for the
smd sum of two thousand pounds, or so much thereof as amounts to the value of such
machine, to enable the said commissioners to pay for the same.
V. And be it further enacted by the authority aforesaid. That the money so granted
shall be paid by the receiver general, out of any monies in his hands, or hereafter to com6
into his hands, to and for the uses of this province, and unappropriated, and shall be
accounted for to his Majesty, his heirs and successors, through the lords commissioners of
his Majesty's treasury, in such manner and form as his Majesty, his heirs and successors,
may be graciously pleased to direct.
Yl. And be it Aulher enacted by the authority aforesaid. That before any warrant shall
issue for the payment of the sum aforesaid, the contractor or contractors entitled to receive
the same shall enter into bonds, with sureties, to the satisfaction of the governor, lieutenant
governor, or person administering the government of this province, in double the amount
of the appraised value of the said machine, conditioned for the rendering up of the said
machine upon the c<Mnpletion of the said canal, in as good order as at the time of the
appraisemeat thereof.
(8M4thGMnr,elS.)
Pnamble.
A worn not crMter thn
jB2,000tobe«pplMdu
parehMiag ecrtain aiA-
chincry at an appiaised
value.
Ai>pnisen to be tp-
Value to be ascertained
and reported.
Amonat so reported to
be paid by wanant.
and aceoiiDted for, &e.
Seenrity to be giyeB.
(See8CbGeo.IV,cI9.)
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Tliiril Sessiott of tbc ninth Prorineial Parliament*
MFT AT YORK, ON THE FIFTH DAY OF DECEMBER, 1828, AND PROROGUED- ON THK SETEH-
'^EENTII DAY OF FEBRUARY, 1827, IN THE EIGHTH VEAH OF THE REICH OW
GEORGE IV.
SIR PEREGRINE MAITLAND, K. C. B., LIEUTENANT GOVERNOR.
Aauo Domini 1837*
Preamble,
Authority gireq to ex-
plore the. Ironte for th«
proposed Ridean canal.
^o ascertain what
holds it maybeneees-
saiy to occopj.
To oAnry. i^ray earth,
stone, ite.
To erect bridg^t^^o.
To alter the route o(,
the canal, if necessary.
Chapter I.
An act to confer upon his Majesty certain powers and authorities^ necessary to ths ma-
kings maintaining^ and tising the canal intended to be completed under hts Bfajesty^s
direction^ for connecting the waters of lake Ontario with the river Otiaxoa^ and for
other purposes therein mentioned,
[Passed Febranry 17, 1827]
Whereas his Majesty has been most graciously pleased to direct measures to be imme-
diately taken, under the superintendence of the proper military department, for constructing
a canal uniting the waters of lake Ontario with the river Ottawa, and affording a convenient
navigation for the transport of naval and military stores ; and whereas such a canal, wiien
completed, will tend most essentially to the security of this province, by ficilitating
measures for its defence, and will also greatly promote its agricultural and commercial
interests, and it is therefore expedient to provide by law any necessary facility towards
the prosecution of so desirable a work ; be it therefore enacted by the Ring's most
excellent Majesty, by and with the advice and consent of the legislative eouncil and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britldn, entitled, ^' An
act to repeal certain parts of an act passed iiv the fourteenth year of his Majesty's reign,
entitled, * An act for making more effectual provision for the government of the pxjvince
of Quebec^ in North America, and to make further provision for the government of fbe
said; province,' " and by the authority of the same, That the officer employed by his
Majesty to superintend the said work, shall have full power and authority to explore the
country lying between lake Ontario, or the waters leading therefrom, and the river Ottawa,
and to enter into and upon the lands or groundi of, or belonging to, any person or persons,
bodies politic or. corporate, and to survey and take levels of the same or any part thereof,
and. set- out and ascertain. sucK parts thereof as he shall think necessary and proper for
making the said canal, locks, aqueducts, tunnels, and all such other improvements, matters,
and conveniences, as he shall think necessary and proper for making, effecting, preserring,
improving, completing, and using in the said navigation; and also to bore, dig, cut, trenctk^
remove, take, carry away, and lay earth, soil, clay, stone, rubbish, trees, roots of frees,
beds of gravel or sand, or any other matters or things which may be dug or got in the
making of the said canal, locks, tunnels, aqueducts, or other improvements, or oXit oC*any
knds or grounds of any person, or persons adjoining or lying contiguous thereto, and
which may be necessary for constructing, or repairing the said canal^ or other the said
works or improvements, or which may obstruct the making or maintaining the same ; and
also to make, build, erect, and set up, in and upon the said canal, or upon the lands
adjoining or near to the same, such and so many bridges, tunnels, aqueducts, sluices,
locks, wears, pens for water, tanks, reservoirs, drains, wharves, quays, landing places,
and other works, ways, roads, and conveniences, as the officer aforesaid shall think re-
quisite and convenient for the purposes of the said navigation ; and also, from time to
time, toalter the route of the said canal, and to amend, repair, widen, or enlarge the same,
or any other of the conveniences above mentioned, as well for carrying or couvejing
goods, commodities, timber, and other things, to and from the said canal, as for the eany-
ing or conveying of all njanncr of materials necessary for making, erecting, finishing,
altering, repairing, amending, widening, or enlarging the works of, and belonging to,
the said navigation ; and also to place, lay, work, and manufacture the said^ materials
on the grounds near to the place or places where the said works, or any of them, are or
shall be intended to be made, erected, repaired, or done, and to build and construct the
several locks, bridges, works, and erections, belonging thereto ; and also tp mal(e, main-
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Kimv Pamjajobnt.]
C. 1. — EiGQTH Year, of GjQOBav; IV.-^182T.
483
lain, repair, and alter anj fences or passages over, under ^ or through the said canal, or
the ireservoirs and tunnels, aqueducts, passages, gutters, water courses, and sluices, res-
(leetiyelj, which shall communicate therewith ; and also to make, set up, and appoint
drawing boats, barges, vessels, or rafts, passing in, through, along, or upon the said canal,
as the officer aforesaid shall think convenient, and to construct, erect, and keep in repair,
any piers, arches, or other works, in, upon, and across any rivers or brooks, for making,
using, maintaining, and repairing the said canal, and the towing paths on the sides thereof;
and also to construct, make, and do all matters and things which he shall think necessary
and convenient for the making, effecting, preserving, improving, completing, and using
the said canal, in pursuance and within the true meaning of this act, doing as little damage
as may be in the execution of the sereral powers to him hereby granted.
II. And be it further enacted by the authority aforesaid, Thai after any lands or grounds
shall be set out and ascertained to be necessary for making and completing the said canal,
^d other purposes and conveniences hereinbefore mentioned, the officer aforesaid is
hereby- ei^powered to contract, compound, compromise, and agree with all bodies politic,
commupitic^,^ corporations, aggregate or sole, guardians, and all other person or persons,
for themselves, or as trustees, not only for and on behalf of themselves, their heir^
and succe^sors, but also for and on behalf of those whom they represent, whether in-
fants, lunatics, idiots, femmes covert, or other person or persons who shall occupy,
be possessed of, or interested in, any lands or grounds which shall be set out, or
ascertained as aforesaid, for the absolute surrender to his Majesty, his heirs and succes*
sors, of so much of the said land as shall be required, or for the damages which he, she,
or they may reasonably claim in consequence of the said intended canal, locks, towing
paths, railways, and other constructions and erections, being cut and constructed in and
upon his, her, or their respective lands, and that all such contracts, agreements, and sur-
renders, shall be valid and effectual in law, to all intents and purposes whatsoever, any
law, statute, or usage, to the contrary notwithstanding.
III. And be it further enacted by the authority aforesaid. That such parts and portions-,
of land or lands, covered with water, as may be so ascertained and set out by the officer
employed by his Majesty as necessary to be occupied for the purposes of the said canal,
and also such parts and portions as may, upon any alteration or deviation from the line
originally laid out for the said canal, be ascertained and set out as necessary for the pur-
poses thereof, shall be forever thereafter vested in his Majesty, his heirs and successors.
IV. And be it further enacted by the authority aforesaid, That if before the completion
of the canal through the lands of any person or persons, no voluntary agreement shall
have been made as to the amount of compensation to be paid for damages according to
this act, the officer superintending the said work shall, at any time after the completion
of such portion of the canal, upon the notice or request, in writing, of the proprietor of
«ich lands, or his agent legally authorized, appoint an arbitrator, who at a day to be named
i& such notice, shall attend upon the preimses in question, to meet the arbitrator to be*
appointed by such claimant, and such two arbitrators shall and may, before proceeding to
consider the claim, appoint a third arbitrator ; which three arbitrators, being first sworn
hj some one of his Majesty's justices of the peace then there present, to give a just and.
true award upon the claim submitted to them, shall, upon the statements of the parties,
and Wew of the premises, and upon the testimony of witnesses to be examined upon oath
or affirmation, if either party shall require it, (which oath or affirmation any one of the
said arbitrators is hereby authorized to administer), make their award in writing,, under
t}ieir han^ds,^ of the amount of damages to be paid to such claimant.
V. And be it further enacted by the authority aforesaid. That if either the officer
superintending the said work, or the party claiming damages as aforesaid, shall decline to
abide by any such award, such refusal shall be declared in writing within ten days after
such award, and damages upon such claim shall be thereafter assessed in manner following,
but at the sole expense of the party refusing to abide by such award.
VL And be it further enacted by the authority aforesaid. That in all cases in which
awards shall be made, to which cither party shall refuse to conform as aforesaid, it shall
an4 may be lawful for the party dissenting from such award, to serve on the other party
a notice in writing, appointing a day, not less than thirty days from the time of serving
such notice, for having the damages for which he is entitled to claim compensation according
h> this act, assessed in the manner hereinafter provided ; and that the party giving such
notice shall also specify some day therein, which shall be at least ten days before the day
appointed for such assessment, and not less than ten days from the time of ser\ang such
notice, at which he will attend at the office of the sheriff of the district in which the
lands lie, for the purpose of striking a jury to assess the damages so claimed as aforesaid.
VIL And be it further enacted by the authority aforesaid, That on the day so appointed
as last aforesaid, the parties, their attomies or agents, shall attend at the sheriff's office,
and that the sheriff shall at the hour of one o'clock in the afternoon proceed, in thq
General powen to do
what mtLj be neeettaiy
for making and ^re-
■eiring the eanal.
Oflieer fapeaiiteiidiBg
may eontract tpr, the
■urrender to hit. HI*-
jeaty of any Jaadf mr
quired,
How the landa of fem-
mes eoyert, infants, Ac.
may be transfeired.
Composition may be
made by contract for
daii^^.
Lands ascertained and
set oat as required for
the canal, to be Tested
in bis- Majesty.
If recompense not
made by Tohintaiy ar
greem^i for lands ta-
ken, or fbr damages
done, an arbitmtion
may be h^.
Three arbitrators.
ESridence.
Award.
If either party dissatis-
fied with the award, a
jury may be summoned.
Expense how to be de-
frayed.
Notice of requiring an
assessment 1^ a jury.
Thirty days.
Jury to be struck ^t
sherilpB office.
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4M
C. I.-xEmwMi Tsltr dr (m&k^t lt.->^1827.
FTMttto S;
jwT on the nt€ltdg€if,
and take reraiet.
Fire jfuon to b« swon
to try.
y««diet to be bj the
minority.
Ib eitiauitiii{[f compen-
ntion, the ndrmtrnM
of the canal are to be
Jury of whom eompo- g^teot tfte hsMMs 6f foffy-dM petiMM frdtti aitidM tiMNie quaMiefA ttf iertift «lfr ^petM
Md,andhowdeeted. j«ri«|^^ aM in the ^UiOk^ dii^cted by Uw foT ^l<kifii^ tbir AittMi
df Mich foftif-^M pefftoiw tio dt^Wft Iw^iof^ fairly written ot% hj smh sberii^ f^Mll ittMfytir
hi» tttomey of t^iemt ^taidiiig for tliit porpose, afaall nkematety strike d oit^t tbmtpaif
biftgfflnhig at whose iti^tance su^fa jtiry is struck, until the whole namber sMt be rMlittidd
to fifeven, and that stich seren persoft^ »haU be a jurr for aasesaing the damages to be pad
ta such etaintant as aforesaid : Prorided always, That in case either party ahoU oaul u
iHelkd personally or by i^ent at the time appointed, the sheriff or his depoty akall strike
en behalf 6t sueh person not attending.
y III. And be it furthei- enacted by the aufbofffy aforesaid, That the aerefi pertona so
atfttCk Co aerve bh aforesaid shall be summoned by the sheriff to attend upon AiefRidRs,
in refitpect to which the damages are claimed as aforesaid^ gtrfng not less titeii ten di^s^
itotiee of such attendance, and that the sheriff or his deputy fihw also attend at the time
so appoi&ted, and riiall administer to the five persons who shall first answet^ i^Kuilid^
caBed im the ordef in which they shall stand iipon the original list, the Mfk foBimiiig, Am
is id say :
'^i, A. B., do swear that I will well and truly assess the damages upon the claim of C.
t). according to the act in that behalf :'^
Attd thereupon the t^d jury, having viewed the premises and received the teetimony upoA
0afh, or affirmation, of such witnesses as shdl be brought before them, (wkiA oa& or
aftrmation the said sheriff or his deputy is hereby authorized to administer^) riiail deihrer
(heir Verdict by the opinion of the majority of such jiu-y, of the amount of damages to be
paid to such claimant.
IX. And be it further enacted by the authority aforesaid, That in e€Pti mating the
claim of any individual to compensation for property taken, or for damage done under the
authority of this act, the arbitrators, or jury assesshig such damages, shall take into their
eoftffikleratioti the benefit likely to accrue to such incUvidual from the construction of the
said canal, by its enhancing the value of his property or producing other advantages :
Provided always, nevertheless, That it shall not be competent to any arbitraton or jury
to direct any individual claiming as aforesaid to pay a sum, in consideration of andi advan^
t^iges, over and above the amount at which the damages of such individual sh^ be
estimated.
. X. And be it further enacted by the authority aforesaid. That the party de«ri^ sarii
jury to be sumiBOned, shall pay to the sheriff for striking and summoning the sMoe, and
for attending and taking the verdict, the sum of five pounds, and to each jurymtfi atte&diDg
in pursuance of such summons, the sum of fifteen shillings.
XI. And be it further enacted by the authority aforesaid. That when it shall appear
necessary to cut into any highway, in order If^conduct the said canal through the same,
the officer aforesaid shall, within one month, cause to be constructed a secure, aofficient,
and commodious bridge, for the passing of carriages, in order to reestablish the commu-
nication between the several parts of such highways.
XII. And be it further enacted by the authority aforesaid, That if any person <Mr parsons
shall wilfully or maliciously break down, damage, or destroy, any bank, lock, gate, riuice,
or any works, machine, or device, to be erected or made by virtue of this act, or do any
other wilful act, hurt, or mischief, to disturb, hinder, or prevent the carrying inlo execu-
tion, or completing, supporting, or maintaining the said canal, every such person or persons
so (lending shall be deemed guilty of a misdemeanor.
XIII. And be it further enacted by the authority aforesaid, That if any person shaD
float any timber upon the said canal, or shall suffer the overloading of any boat, or vessel,
or raft, navigating in or upon the said canal, so as by such overloading the same to <d>stnict
the passage of any other boat, vessel, or raft, and shall not immediately upon due notice
given to the owner or person having the care of such boat, vessel, or raft, so obstructing
the passage aforesaid, remove the same, so as to make a free passage for other boats, vessels,
or rafts, every such o^vner or person floating such timber or having the care of such boat,
vessel, or raft, so obstructing the passage as aforesaid, shall forfeit and pay for every such
offence the sum of five pounds, and if any person shall throw any ballast, gravel, stones,
or rubbish, into any part of the said canal or locks, every such person shall for erery aach
offence forfeit a sum not exceeding five pounds.
XIV. And be it further enacted by the authority aforesaid. That if any boat, vessel, or
raft, shall be placed in any part of the said canal so as to obstruct the navigation th^ieof,
and the person having the care of such boat, vessel, or raft, shall not immediately, upon
the request of any of the persons employed by the officer in charge, made for that purpose,
remove the same, he shtdl for every such offence forfeit a penalty of ten shillings for every
hour sueh obstruction shall continue ; and it shall be lawful for the agents, toll gatherers.
Digitized by VJiJOQlt:
Reftrietion.
Chtttlfftft 6f ih^ilfT aAd
jafy, tad by irhOttipaia.
Bridget to be bnUt
aerott highwmyf inter-
leeted.
Pnnishnient of mali-
eiotts miiehief to the
eenalor other work«,
Ac.
Obttntcilons in the
eanfll how f o be remo-
ved.
Pnniehmeiit for ob-
■tnetinff the iuiylg».
tion of the canal.
For throwing rubbish,
Itc. into the canal.
How boats or raftt,
placed so as te obetract
the navigation of the
eaaai, are to be remo-
Ted.
FAmwiKiBWT.]
C. l.-^Emnni Ybas of Ommam IV.-^18S?.
4SS
Permission to use tiie
canal for eertain pur-
poses, without Ipayinc
or <ith$iji», «ni|rt0f!ad by tte offieer ip cbu^ge, to eaime luiy such iioai, vend, or«tft,toi)^
vnfeaded, it moeaa^ry, end to be cemoved in auch mmuier ai shtM he proper for prerent-
iBg fftteh obelroetioo in the navigation, and to aetze and detain «ieli boat, Teaael, or nMj ^^."^ ^^^ >^7 ^
w»d tlM cargo tbeoeof; or any part of such cargo, until A^ eharges oceasaoiied hj au« p^^palSu^ ^^ ^'
«ale»ding mid naeooTal are paid ; and if any boat or vessel diall be sunk in the said oanid, Boats or resseis smik
and the owner or owners, or the person or persons having the care of such boat or vessel, ^Snup^theSKcer
ahaU «ot wiibent loss of time weigh or draw up the same, it shall be lawfiil for the agents, ^e. in^ar^e, and de^
tott gi^ners, or ^Ihwr persons, employed by his Majesty, to cause aueh boat or vasaai to JlSd!* ""*^ ^ ^'^^
be w^faed or drawn up, amd to detain and keep the same until payment be made of all
^Kpepsea neoeaflarily occasioned thereby.
XV. And be It farther Macted by the authority afovesaid, Tlat tt sfaaU said may he
lawful to and for the ownere and oecnpi^re of any landa adjoining to the aaid canal, to we
«Dy biMla tibereon for the puipose of basbandry , or for conveying cattle foom one fona, or —
psfft of a farm, or landa, to any o&er farm or lands of the same owner or occupier, («ot Bestrietioik as to Um
paaaittg thfongb my Icck witiiout the consent of the officer or person in charge for the ^^'
time l^ingy) without intermptien, and without paying any rate or duty for the same, so aa
the aame be notaiade use of for the carriage of any goods, wares, er merchandise, to map-
k«t or for aile, or for may person or persons for hire, and shall not objstruct or pi«)tidioe
Ike navigatfon of flie said canal or the towing paths thereof.
KVh And whereas it may hereafter happen from floods, or from unexpected accidents,
tliat iveam, flosd gates, dams, banks, reservoirB, trenches, or other works of the said navf-
fpitiett, mmf te damaged or destroyed, and the adjacent lands or the property thereon
thoiel^ dmna^sd, and that it may be necessary that the 9ame should be immediatdy
nsfMued or orioiilt to provent further damages ; be it forther enacted by the authority
aforesaid. That when and so often as any such ease may happen, it shall be lawfol fi»* any
pwrsori «r persons oiqaloyed by his Meyesty, from time to time, without any delay or
ilrfenniption Arom any person or persons whomsoever, to entet* into any lands, grounds, or
hesnditamenls, adjoJaiiig or near to the said canal or branches, reserved or trenches, or
any of them, (not being an orchard, garden, or yard,) and to dig for, work, get, and cany
awnjF, and use aU such atones, gravel, and other materials, as may be necessary or proper
fpgF Ab puiposes aforesfdd, without any pre¥ious treaty whatsoever with the owner or
amnera, oeaupier or occupiers of, or other person or persons intepested in, such lands,
greimds, or Imreditaments, or any of them, doing as litUe damage thereby as the nature
• of the ease will admit of, and making recompense for such damages to the owner or
ownen of, or other persons interested in, such lands, pounds, property, or hereditaments,'
mtUtt'tlie spoee of six calendar months next after the saqie ^all have been demanded,
for aU daaufcqs which shall or may be done by means of such accident, and means of the
Exception.
Power eiren, in ease of
accideiKS to the <
to enter on adjacent
lands, and take materi-
als for repain, &€.
Compensation to the
ovrnen (>f lands « 9^sk
caves.
diggjing for, getting, working, taking, carrying away, and using such stones, gravel, and
maioiuis, or any of them, which damages, and the satisfection and recompense in respect
thereof, shall be settled, adjusted, ascertained, and determined, by the wajf s and means How to be adjusted.
hnreiiifaefooe deacrifaed, wiUi respect to the other damage done b^ the making and eom-
pleting die said navigation.
XVIL And be it furdier enacted by the authority aforesaid, That the officer employed
by his Miyesty shall and may, in such parts of the said canal as shall not be of sufficient
binadth for adnatting a boat, vessel, or raft, to turn about or lie, or for two boats, or other
boats, vessels, or rafts, to pass each other, to open or cut proper spaces or places in the
landa adjoining to the said canal, at convenient distances from each other, for the turning,
lying, and passing of any such boat, vessel, or raft, and that the said boats, vessels, and
rafts, being hauled or navigated upon the said canal, shall, upon meeting any other boat
or vessel, stop at, or go back to, and lie in, the said places or spaces, in such manner as
shall be piddicly notified by the officer in charge of such canal.
XYIIi. And for preventing disputes touching the tonnage of any boat, barge, or other
vessel, navigating upon the said canal, be it further enacted by the authority aforesaid,
That the owner or master of every such boat, barge, or vessel, shall permit and suffer
every sudi boat, bai^, or vessel, to be gauged or measured ; and refosing so to permit and
snffer, shall forfeit and pay the sum of forty shillings, and it shall be lawful for the toll
gaiherer, <»* aimh other person or persons as shall be appointed for that purpose, and such
owner or master, each to choose one person to measure and ascertain such tonnage, and
to anak the same on such boat, barge, or other vessel, which mark shall always be evi-
dence of the tonnage in all questions respecting the payment of the aforesaid rates or
dues ; and if such owner or master shall refuse or decline to choose a person in his behalf,
as aforesaid, then the person a]^inted on behalf of his Majesty shall have alone the
power of ascertaining such tonnage.
XIX. And be it further enacted by the authority aforesaid. That all persons whatso-
ever shall have free liberty to use with horses, cattle, and. carriages, the roads and ways
to be made as aforesaid, (except the towing paths,) for the purpose of conveying any
Digitized by
wf %e maie
for boats to lie, or ton
B^niati^s majr
msae for boats |
Tonnage «f boats 'Inif
to be aseeftained.
Roads to bo used for
conreying goods to and
from tJie euial.
viioogle
an
C. 1.— EiOBTB YsAR or OsoBOB IV.-'18S!7.
AU Mnons may ttse the
jpMjiag 4oU, and other
dnei.
How pftyment of tdla
■ugrheeofOffoed.
Offeaeet «$A&>i t^s
act how to TO piknish^*
Fines kTicd.
Penaltief appropriated.
Powers extended to all
persons employed by
his Majesty.
To extend also to the
nqtroTements of the
lakes and riyers alone
the oourse of the canal.
Nayi^tlon of rirers
Tay and Goodwood
may he improred under
the powers eiycn by
this aet, if his Majes^
shall see fit.
(Repealed as to the na-
irigation of th» river
Tay. See 1st Wa. IV,
i.)
Protection in ca
actions brongfat.
of
Lifliitation of suit to
six months.
General issue.
gok>dBy Wares, merahandize, timber, and commodities, whatsoever, to and from the tsM
canal, and also to naVigate on the said canal with any boats, barges, vesseis, or rafts^ aaid
to use the said wharves and quays for loading and unloading any goods, wares, ttttRhiB*
dize, timber, and commodities, and also to use the said towing paths with horses, for
drawing and hauling such boats and vessels, upon payment of such rates and does as riiall
be established by his Majesty.
XX. And be it further enacted by the authority aforesaid^ That in case of reftBal or
neglect of payrafent of any such rates or dues as may be imposed by his Majesty, far
passing along the said canal, or of *any. part thereof, on demamd, to the pemon im* peisons
appointed to receive the same, such person may in his own name sue for and recover the
same in any court having jurisdiction thereof, or the person or persons to wh<HB the said
rates or dues ou^t to be paid may, and he is and they are hereby authorized and edi-
powered to, seize and detain such boat, vessel, barge, or raft, for or in respeet whereof
such rates or dues ought to be paid, and detain the same until payment thereof.
XXI. And be it further enacted by the authority aforesaid. That all penalties and Amt*
feitures for offences against this act, or against any rule, order, or by-law of the said oficer,
to be made in pursuance thereof, shall, upon proof of the offences respectively befdieany
two justices of the peace for the district in which such offence has been committed, either
by confession of the party or parties, or by the oath of one credible witness, be levied by
distress and sale of the goods and chattels of the parties o&nding, by warrant- under die
hand and seal of such justices, and the overplus, after such penalties and foffeitmes, and
the charges of such distress and sale* are deducted, sliall be returned, upon denaiid,to
the owner or owners of such goods and chattels ; and in case such sufficient distieas can*
not be found, or such penalties and forfeitures shall not be forthwith paid, it shall belawfid
for such justices, by warrant under their hands and seals, to cause such offender or
offenders to be committed to the common gaol of such district, there to remain, without
bail or mainprize, for such time as such justices may direct, not exceeding twenty days,
unless such penalties and forfeitures, and all. reasonaUe charges attending the same, shall
be sooner paid and satisfied.
XXII. And be it further enacted by the authority aforesaid, That all pendties imposed
by this act,'when levied and satisfied in manner aforesaid, shall be paid to the said officer,
to be by him transmitted to his Majesty's receiver general of this province, to be accounted
for to his Majesty fhrough the lords commissioners of his Majesty's treasury, in such
manner as his Majesty shall be pleased to dii-ect.
XXIII. And be it further enacted by the authority aforesaid. That all and skigular the
powers and authorities given by this act to his Majesty, or to the officer to be employed-
by his Majesty in superintending the construction. of the said canal, or to the <rfbeer at
any time hereafter in charge thereof, shall extend, so far as may be required for the par*
poses of this act, to all and every the persons employed or to be employ^ in the executiMt*
of any matter authorized to be done by this act*
XXIV. And be it further enacted by the authority aforesaid, That all and every Ae*
powers, authorities, and privileges, by this act given, relating in any manncsr to the canal
intended to be made as aforesaid, shall extend and apply to that part of the navigation to
be made or improved, w*hich shall lie along the lakes or rivers, as well as to such parts as
shall require to be wholly made and excavated through lands affording now no natcral
channel.
XXV. And be it further enacted by the authority aforesaid. That it shall and jnay be
lawful for any officers or persons employed by his Majesty, in case his Majesty shall
desire to improve the navigation of the rivers Tay and Goodwood, which empty their
waters into the river Rideau, to enter into or upon the lands or grounds of, or belonging to,
any person or persons on the borders of the said rivers Tay and Groodwood, in the same
manner and for the like purposes, and subject to fhe same conditions, as his Majesty is by
this act authorized to do with respect to the lands bordering on the river Rideau.
XXVI. And be it further enacted by the authority aforesaid. That if any pkunt shall he
brought or commenced against any person or persons for any thing done or to b6 done in
pursuance of this act, or in execution of the powers and authorities or the orders and direc-
tions hereinbefore given or granted, every such suit shall be brought or commenced within
six calendar months next after the fact committed, or in case there shall be acontinui^n of
damaees, then within six calendar months next after the doing or committing of such dama-
ges shall cease, and not afterwards ; and the defendant or defendants in such action or
suit, shall and may plead the general issue, and give this act and the special matter in evi-
dence at any trial to be had thereon, and that the same was done in pursuance and by the
authority of this act ; and if it shall appear to bo done so, or if any action or suit shall
be brought after the time hereinbefore limited for bringing the same, then a verdict shall
be given for the defendant.
Digitized by
Google
NtMTSk PAmUAMSNT.]
C. 2. 8— Eighth Yjbab of Gborge IV.— 1827.
487
XXVIL And be it further enacted by the authority aforesaid, That thia act shall be PubUeiet.
deemed a public act, aod shall be judicially noticed as such in the several courts in this
proTOiee.
Chapter II«
An act to enM$ the president and directora of the WeUand canal company to acpept an
end from his Majesty^s government^ towards the completion of the said canal^ and to
secure his Majesty the free use thereqf.
[Fused Febxuaiy 17, 1S270
WnmuMAB his Majesty has been most graciously pleased to intimate, through his prin-*
apal secretary of state for the colonies, to his excellency the lieutenant governor of this
province, that his Majesty would be wiUing to afford to the Welland canal company his
royal aid and asmtance, to the extent of sixteen thousand three hundred and sixty pounds,
steriine, being the one-ninth part of the sum represented to his Majesty as the estimated
cost of the said canal, upon condition of the locks thereon being constructed of at least
twenty-two feet in width ; and also, upon his Majesty being secured in the use of the said
canal, for all vessels and boats, when engaged in conveying government stores, without
pay^ment of any duty or toll ; and whereas his Majesty's royal intention having beeii
comnHinieated by his excellency the lieutenant governor to the president and directors of
the said company, they have expressed their desire to accept his Majesty's bounty upon
the terms in which his Mi^sty has been pleased to signify his pleasure thereon ; and
wfewceas, for canying his Majesty's most eracious intentions into effect, it is necessary to
secure to his Ms^esty the free use of the said canal for the public services of his Majesty, by
an act of the legislature ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the pariiament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
prov»ion for the government of the province of Quebec, in North America, and to make
fiurther provision for the government of the said province,' " and by the authority of the
same, That the locks of the said canal shall not be constructed of a less width than
tipventy-two feet ; and that in all time to come, all vessels and boats, the property of his
Mflyesty, and all other vessels and boats, when engaged in carrying his Majesty's stores,
cdiail be at liberty to pass and repass up(Ni and through the said canal and locks without
die payment of any duty or toll : Provided always. That nothing herein contained shall
extend, or be construed to extend, to exempt from the ordinary charges of toll or duty
sach goods or commodities, the property of individuals, as shall be transported, in i^ny
vessel or boat, not being the property of his Majesty, or the tonnage employed in the
transport thereof* ,
(SM8UiGeo.IV,el7.)
I'rMmble.
The locks tm Uie Wel-
luid canal aball not be
less than twenty-two
feet in width:
His Majesty's ressfls,
aod vessels ^toloved
in tvansportinghis Ma-
jesty's stores, shall pass
at sll times free of toll.
Exception as tojiriFate
Tesids cairying also
naarehanfUze for indi-
vidaals.
Cbapter III.
An adt to amend the laws regulating the practice oj phyHcy surgery, and midwifery, in
this province.
[Passed February 17, 1827.]
Whersas it is expedient to repeal part of and amend an act of the parliament of this pror Px-eambi^.
vince passed in the fifty-ninth year of the reign of his late Majesty, entitled, '^ An act
to repeal an act passed in the fifty-fifth year of his M)ajesty 's reign, entitled, ' An act to
license practitioners in physic and surgery throughout this province, and to make fur-
ther jlrovision for licensing such practitioners ;' " be it therefore enacted by the King'a
most excellent Majesty, by and with the advice and consent of the legislative council,
and assembly of the province of Upper Canada, constituted and assembled by virtue of
and under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled^ ^ Ah act for making more effectual provision for the government of the province
of Quebec, in North America, and to make hirther provision for the government of the said
jATovinee,' " and by the authority of the same, That so much of the second clause of the
said recited act as provides that no person du)y authorized by any university in his Ma-
je^y's dominiohs, or by commission or warrant in his Majesty's naval or military service,
shall be restrained from practising physic, surgery, and midwifery, in this province, for
want of the license therein mentioned, and the third clause of the said recited act be, and
the same are, hereby repealed.
35
Digitized by
The 3d clause and paft
of the 2d clause otSBOi
Geo.
ed.
Ill, c 18»
Google
C. 3.— Eighth YftAR o^ Gbosoe IV.— 18S7.
{Taan Si
Whothall b« aulhori-
zedto pnetiMphjiie,
3r, or mir
Affidavit
AffiiUyit to be left in
tlie office or the go-
Perjary.
Necessity of diploma,
warrant, &c. oroT a li-
eeose from the medical
board, may be dispen-
sed with m certain c»-
IL And be it further enacted by the authority aforeMdd, That upon the aiqpli«itkni of
snKery, or midwifery, an J persoH exhibiting a diploma or license from any university in his Majeatj'a d<MiiiiiicMU,
^2^tto?**^"^'^ ^^ ^^^ ^^^ ^^y^ college of physicians or of surgeons in London, as physieian or «a]|Mffi,
^ ^' or a commission or warrant as physician or surgeon in his Majesty's navid or military ser-
vices, and producing an affidavit made before any judge of any district court in this
province, which such judge is hereby authorized, and, upon the payment of two sfaflltngs
and six pence, required to administer, stating that he is the person named in suehdi^oma,
license, commission, or warrant, it shall and may be lawful for the governor, liei^fiiaBt
governor, or person administering the government, to grant to sdch i^fdieafit a tieeoBe to
practise physic, surgery, and midwifery, in this provmce.
III. And be it further enacted by the authority aforesaid, That the said affidavit ^Iiali
be left by such applicant, and remain in the office of Ae governor, liegtenmt gofiwaiir, or
person administering the govemmeiit of this province, and that if any persoft shall be
guilty of false swearing in such affidavit, such person shall, oo convictioB tlifirfti>t, reomne
and suffer the like pains and penalties to which any other person convicted of wflM and
corrupt perjury is liable by the laws and statutes of this province.
IV. And be it further enacted by the authority aforesaid, That upon die aj^ieaiioA of
any person producing a certificate from the magistrates of any district in this provinee, in
general quarter sessions assembled, signed by the chairman and clerk of the peace, stating
that such person was resident in this province before the late war with the United Statei
of America, practising physic, surgery, and midwifery, and remained daring die mU war
in this province, and {u-oauoing also a certificate from any three or more lieensed pradt
tioners of physic, surgery, and midwifery, in this povmoe, sudi three or more licensri
practitioners having been licensed, after examination by the medical board, or upon Hm
production of a diploma, license, commission, or warrant, as hereinbefore provided, stalaig
that they are acquainted with such applicant, and that he is, in their opinion, competent
to practise physic, sui^ery, and midwifery, or either of them, the governor, lirateaanl
governor, or person administering the government, may grant to him a lieenee to piaUiae
physic, surgery, and midwifery, or either of them, conformably to the laat m^itiiitiei
certificate, in the same manner as if the said applicant had obtained a certificate 6rom the
board, mentioned in the said second clause of the said recited act passed in the fiftj^-ninth
year of the reign of his late Majesty*
v. And be it further enacted by the authority aforesaid. That it shall and mM be law-
ful for any person who has been appointed a member of the board mentioned in ^e seeond
clause of the said recited act passed in the fifty^ninth year of his late Majesty's re%n, m
any person while employed on actual service in his Majesty's naval or military service, m
physician or surgeon, to practise physic, surgery, or midwifery, in this pravince, withoel
any license.
Vl. And be it further enacted by the authority afSoresaid, That it shall not be bwfU
for any persoq, not being as irfbresaid a member of the medioal board, or not being licenaed
as aforesaid, or not having been heretofore licensed by any medical board, or not beiiq;
actually employed as a physician or surgeon in his Majesty's naval or military service,
to practise physic, surgery, or midwifery, in this province, for hire, gain, or hope of re-
ward : Provided, That nothing in this act contained shall be construed to prevent or
prohibit any female from practising midwifery in thb province, or to require such female
to take out such license as aforesaid.
Vil. And be it further enacted by the authority aforesaid. That the practice of physic,
surgery, or midwifery, for hire, gain, or hope of reward, by any j)erson not licensed as
aforesaid, or not being actually employed as a physician or surgeon in his Majeety's naval
or military service, shall be a misdemeanor, and may be prosecuted and punished as any
other misdemeanor can be ; and that upon the trial of any person charged with such mis-
demeanor, the burthen of proof as to tne license, or right of the person tried to practise
physic, surgery, or midwifery, in this province, shall lie upon the defendant ; but no prose-
cution shall be commenced for such misdemeanor aft^ one year from the ofence committed,
and no person convicted of such misdemeanor shall be sentenced therefor to a longer
period of imprisonment than six months, or to a greater fine than the sum of twenty-five
pounds.
VIIL And be it further enacted by the authority aforesaid, That it shall be lawfid for
the private secretary of the governor, lieutenant governor, or person administering the
government of this province, to ask, demand, and receive, for way license f^anted under
the provisions of this act, of and from the person receiving such license, the sum of
twenty shillic^ ; and that it shall be lawful for the clerk of the peace to ask, demand, and
receive, for drawing up and signing any certificate, under the provisions of this act, of
and from the person receivmg such certificate, the sum of five shiliingB.
Lieense in Bueh eases
to be obtained 6t>m the
; goTemor.
Pertona ^rtio have been
appointed to the nedi-
cia; board, and persona
aetaaUy employed as
phvsidans or sarg^eOns
in his Majesty's foreei,
may praetJke without a
license.
Qenersl prohibitioa to
practise witlMwt the
proper aathonty.
Females may piaetise
midwife^.
Practising withont au-
thority declared a mis-
Proof of avthorityUes
upon the defendant
I limitation of prosecu-
tion to one year.
Fine and impriscnment
UMKfor.
Feet for litfensei.
Digitized by
Google
Nm^ PAm44i|Cirr.]
C; 4, 6.— EiowTH Y^A^ or Giboiioe IV.— 1887.
430
Chapter IV*
Jmael io require the magisbrates qf the several dietrids oj thU pramnccj to publieh a
staUmeni of their dietrid accounts.
[PftMed F^broury 17, 1^.]
Wbobssaa it is expedient and proper for t)ie iaformation and satisfaction of his Ma-
jesljr'a sidyeetg in this provinee, that thej should be made acquainted with the disposal of
tlie woomM raiiedi levied, and collected, by virtue of and under the authority of any laws
uqporaigrttet and asseaaments upon the inhabitants of the several districts wiUiin the same ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
Uited nad asaemlmd by virtue of and under the authority of an act passed in the parliament
^f Groat Britain, entitled, ^^ An act to repeal certain parts of an act passed in the four-
leenQi year of his Majesty's reign, entitled, ^ An act for making more effectual provision
for the government of the provioce of Quebec, in. North America, and to make further
proviaion for the government of the said province,' " and by the authority of the same,
That it aball be the duty of the justices of the peace, acting within the several districts
of ibis province, at their court of general quarter sessions, holden in their respective
districts, next after the passing of this act, to cause a true and correct statement in detail
of all moniea raised, levied, and collected, for the year preceding, by virtue of and under
the authority of any act or acts of ^is province, imposing rates and assessments upon the
inhabitants thereof, for the public uses of the district, with a detail of the amount of the
esqpeoditarea during the said period, together with the account for which the same is
paid, to be printed in some newspaper of the district, if any newspaper shall then be
fmbUahed therein; also to cause a copy of the same to be affixed in some conspicuous
place 00 the court house, and in each and every year afterwards to cause a true and
correct account in detail of all monies raised, levied, and collected, since the then last pre-
eeding publication, by viriue of and under the authority of any act or acts now or hereafter
to be QKide, imposing rates and assessments upon the inhabitants thereof, for the public
uses of the district, together with a detailed account of all the expenditures as aforesaid
Airing such time, to be printed in some newspaper of the district as aforesaid, and a copy
thereof to be ai&xed in some conspicuous place on the court house, as aforesaid.
II. And be it further enacted by the authority aforesaid, That no treasurer of any dis-
triei in tUs province shall hereafter be competent to hold the office of chairman of the
quarter sessions of the peace for such district, any law, custom, or usage, to the contrary
notwithstanding.
III. And be it further enacted by the authority aforesaid, That the expense of the
publication of the accounts as aforesaid shall be paid out of the district treasury, by any
Older of sessions issued for that purpose.
PMwilile.
ezpenditnTM of the dis-
trict fundt'
Atwliattime leconto
or the kit jMur to Ike
pabliflhed.
Aeocntto of fiitmp
yean.
Mode of publication.
No treaittrer to be
ehairana of the qnaEter
aeMioDs.
Bscpente orpttUtottkni.
Preamble.
Chapter V.
An act to continue and amend the law now in force for the trial of controverted
elections*
[Passed February 17, 1827.]
Whsbsas an act passed in the fourth year of the reign of his present Majesty, enti-
tled, ^^ An act to repeal an act passed in the forty-fifth year of his late Majesty's reign,
entitled, ^ An act to regulate the trial of controrerted elections, or returns of members to
3erve in the house of assembly, and to make more effectual provision for such trials,' "
will expire at the end of the present session ; and whereas it is expedient to continue
and amend the same ; be it therefore enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the 4th Geo. iv, c 4,
authority of the same. That the said recited act be, and the same is, hereby continued. ♦•«•»•'«
11. And be it further enacted by the authority aforesaid, That at the time when the
day for trjring any controverted election shall be fixed, a list of the witnesses of the
parties, with their places of residence, shall be handed to the clerk of the house, and
shall be by him read in his place ; and in cases where it shall appear that the expense of
bringing such witnesses before the committee, to be appointed under the provision of the
said recited act would be considerable, or when the parties desire it, the house of assembly
tinned.
Liat of witneaaea to be
delWercd to the clerk
of the houae.
Digitized by
Google
C. 5.— Eighth Txar op Gboboe IV.— 18S7.
[TamD 81
Cbmmintom to ezBm-
ine wHneiset may it-
ine in c«Hain ^mm.
CSonminioBv'c utAh
TimMornttiBg.
CommuBionera to ap-
point a clerk. •
Hbdoty.
Oatli.
CojMM of proceediagi
I, erldeace.
Chargie for tho same.
Ho^ th^ eridenea is to
be tt«]iJtaut(»a to tiM
Kooao,
En<ieiiQo to be read on
thbtrUa.
Wjtifteatea nay be
inmmOm4 by the com-
miuionerB.
Penah; fbr not attend-
ing.
Panitbment for con-
tempt before the com-
mlisioncrs.
Bow penalties to be re-
covered;
and .applied.
What proceeding shall
be had if the retnni of
the oommisiioners is
delayed.
may nominate and appoint, under the hand and seal of the speaker, three <
(one of whom shall be chairman, who with any other one shall be a quonim,) for the
purpose of examining the witnesses of the parties, contained in meh 11^ at siieh tuies
and in such places as shall by the house be directed.
III. And be it further enacted by the authority aforesaid, That the said commisBioners
shall, before proceeding to business, take and subscribe the oath in the sehedrie nari^ed
Aj annexed, which the chairman is authorized to administer to the other commissioiien,
having himself first taken and subscribed the same in their presence, and shall meet every
day, Sundays and holy-<]ays excepted, and shall not adjourn for any longer time than
twenty-four hours, except in case of death, sickness, or unavoidi^le absence of one or
more of them, or except in case of removal to another place of meeting.
IV. And be it further enacted by the authority aforesaid. That the said eoamuBOoeis
may from time to time appoint a clerk, for the purpose of taking down, m writine,
minutes of their proceedings, and of such evidence us shall be taken before them, wiui
the objections to the witnesses produced, or the matter offered in evidence, and that eveiy
such clerk, before proceeding to the discharge of the duties of his o£Bce, shall take the
oath marked J?, in the schedule annexed, which the said commissioners, or either of
them, may administer, as well as oaths to witnesses, and all other oaths required to
carry into effect the provisions of this act.
V. And be it further enacted by the authority aforesaid, That the said clerk or clerks,
at the request of either of the parties, shall midce out and deliver to such party a true
copy of the proceedings and evidence, for which he shall be entitled to demand and
receive, from the party requiring the same, the sum of six pence for every hundred w<»ds
contained therein.
VI. And be it further enacted by the authority aforesaid. That after closing the said
evidence, the cotnmissioners shall cause a copy of the minutes of their procecdii^, and
of the evidence received, to be made, and shall compare the same with the said minutes,
and transmit the same (certified under their hands and seals) to the speaker of the house
of assembly, to be by him delivered to the chairman of the select committee, to be ap-
pointed under the provisions of the said, recited act.
VII. And be it further enacted by the authority aforesaid. That the said select com-
mittee, upon the receipt of the return of the said commissioners, shall proceed to try and
determine the merits of the petition referred to them, in the same manner as if the
evidence contained in such return had been delivered viva voce before them, without
other or further testimony, having first heard the parties, or their counsel, if Ihey shall
request to be heard.
VIII. And be it further enacted by the authority aforesaid, That the said commissionere,
by warrant or summons, under the hand of the chairman, or any two of them, at the
request of either of the parties, are hereby authorized to require the attendance of the
witness or witnesses, in the list hereinbefore mentioned, to give evidence before them, at
9Uch time and place as in the said warrant or summons shall be directed.
IX. And be it further enacted by the authority aforesaid, That if any person summoned
to appear and give evidence shall wilfully refuse or neglect to appear, (a reasonable sum
being advanced for his attendance if requested,) he shall forfeit and pay a sum not ex^
ceeding twertty pounds.
X^ And be it further enacted by the authority aforesaid. That if any person shall be
guilty of any contempi; or improper behavior towards the said commissioners, wUle in the
execution of the duties imposed upon them by this act, he shall forfeit and pay, for every
such offence, a sum not exceeding twenty pounds.
XI. And be it further enacted by the authority aforesaid. That the penalties imposed
by this act shall be recoverable before the said commissioners in a summary manner,
before or after the execution of the said commission, and in case of non-payment thereof
tThe same shall be levied by distress and sale of the offender's goods, with the officer^s
fees, on like proceedings from a justice of the peace ; and in default of goods and chattels,
such offender shall be committed to the common gaol of the district, for a term not ex-
ceeding six months.
XII. And be it further enacted by the authority aforesaid, That the penalties imposed
by this act shall be paid by the said commissioners into the hands of the receiver general
of this province, for the use of his Majesty, to be applied towards the support of the
government of this province, and shall be accounted for to his Majesty, through the com-
missioners of his Majesty's treasury, for the time being, in such manner and form as his
Majesty shall please to direct.
XIII. And be it further enacted by the authority aforesaid. That upon the day ap-
pointed for the meeting of any select committee, when a commission under the provfsions
of this act shall have been issued and not returned, it shall be lawful for such committee
to adjourn from day to day tjll such return shall be made, or until the house shall dissolve
Digitized by VnUOy IC
PABStAUkllT.]
C. 6— EioRTR Ybab or Gboms IT.— 1887.
Ml
die said eommitlee for want of soch return, which thej are hereby aufliorUed to do, wy
law to the contrary notwithstanding : Provided always. That nothing herein contained
ahaH be oonatmed to prevent the selection of another committee for the trial of such
controverted election.
XIV. And be it further enacted by the authority aforesaid, That the said commissionerB
shall be authorized to demand and receive the sum of fifteen shillings per day, and the
clerk ten shillings per day, whUe employed in the execution of the said commission, to
be borne equally in the first instance by the parties, and eventually to be borne by the
person who shall by law be subject to the costs of such controverted election.
XV. And be it further enacted by the authority aforesaid. That this act shall continue
and be in force for four years, and from thence to the end of the then next ensuing
session of parliament.
SCHEDULE.
A.
I. A. B.» do wetr, tkat I will, withovt IkTor, affection, or maliee, and aecordiii(|f to the beat of my akiH and knowledMy
red and traly |»eifonB the datj of a commiiiioner appointed to hear and examine " ........
the evidence which shall be broqpit
petitioD, [tera
now in force for the trialof cootrorerted elections.
amend the laif
clerk.
By whom paid.
Acttoba la Ibiee Ibr
fimryeara.
Oathor<
1, A. B., do fwear, that I will, without fiiTor, affection, or malice, and accordmg to the beat of my skill and \
weU and tnily peifenn the duty of clerk to the commissioners appointed to hear and examine the eTidence which shall be
lMoi||^t before them, by virtne of a reference under the hand and seal of the speaker of the house of assembly, u^n a
petiboB, [here mention the names of the petitioners, or some of them,] accoidinr to the rules, regulations, and mrectaoas^
cimtatBed in an act passed in the ei^^th year of the reign of Kins George the
amend Che hiw now in force for the tnal of controrerted elections.'
dmr to tne rules, regulations, and directaoas^
lie Fourth, entitled, <* An act to contimie and
Ca«ik*i,o«lh.
r natdians
fants shall be app
and by
Chapter VI.
An act respecting the appointment of guardians.
[Passed February 17, 1827.]
Whsbbas there are in all the respective districts of this province many infants within Pnambie.
the age of twenty-one years, left by the decease of their fathers, subject to the disabilities
of infancy and destitute of leg^l guardians, to act in their behalf, and to have the care of
their persons and the charge of their estates ; and whereas it is expedient to make some
further provision than now exists for the appointment of guardians in such cases ; be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament oi
Great Britain, entitled, " An act to repeal certain parts of an act jpassed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making mora effectual provision for the
eovemment of the province of Quebec, in North Amenca, and to make further provision
lor the government of the said province,' " and by the authority of the same, That
it shall and may be lawful for the judge of the provincial court of probate, and the judges
of the surrogate courts, in their respective districts, upon the written application of any
ioCant, or the friend or friends of such infant, residing within the jurisdiction of the judge
to whom such application shall be made, and not having a father living, nor a leeal guar-'
dian, and after twenty days' public notice of such application,- and after proof of twenty
days' notice thereof to the mother of such infant, or proof to Uie satbfaction of such jud^e
that soch infant has no mother living in this province, to appoint some suitable and dis-
creet person or persons to be guardian or guardians of such infant, and to require and take
from the guardian or guardians so appointed, a bond, in the name of such infant, in such Security by bond,
penal sum and^with such securities, as the judge shall direct and approve, having regard
to the circumstances of the case, conditioned that the said guardian or guardians will
faithfully perform the said trust, and that he or they, the said guardian or guardians, or
his or their respective executors or administrators, will, when the said ward shall become
of the full age of twenty-one years, or whenever the said guardianship shall be determined,
or sooner, if thereto required by the judge of the said court, render to his or their said
ward, or to his or her executors * or administrators, a true and just account of all goods,
monies, interest, rents, profits, or property of such ward, which shall have come into the
haojds. of' such guardian or guardians, and will thereupon, without delay, deliver and pay
over to the said ward, or to his or her executors or administrators, the property, or the
sum or balance of money, which may be in the hands of the said guardian or guardians,
belonging to such ward, deducting therefrom and retaining a reasonable sum for the ex<
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BM4tobefi9«0RM.
Urn-
Bind wudan qpprne
I^mitatiiw of appren-
tioadiip.
How gnardkn Hay be
wiinoTtw
wfflirti
lawbatoaaoa tkesur-
TCWto j«dl«a ahall ap-
pomt a gwirdiaa: and
h what caact the judge
of pirabate*
of
to eoint df
•■noBBlo
prabato*
Apoaal fiWoowt of
j»i.tbogo.a«cr
F^.
aad dhaq|M of Ibe iftM giMpfiaa or gusidiiMft ; 11^^
legiBter of the said eouit in ibo books of hi* offieo*
II. ^nd be k fintker ebatled bj tlie authority aforesaid, Tbet the gnardiaii « gqwli'
ans of any infant, so appointed as aforesaid, shall, during the continoanee of Us or tbeir
gnasdiamdiip, have authority to aet for and in beh^ of the said ward, and to appear is loj
ooort, and proaecute or defend any action in bis or her name ; and shall have the Aup
and nanagement of his or her estate, redi and personal, and the care of his w her pema
and education, and may, with the approbation of two of his Majesty's juiticeaof thepettt,
and the consent of such ward, place and bind him or her an apprentice to $ay lawfol trade,
profession, or enployinent ; such apprenticeship, in ease of males, not to exteni bejotyd
tiie age of ti^enty-one years, and in case of females, not beymid the age of ^i^^Hmjem^
or the marriage of the ward within that age.
III. And be it further enacted by the authority aforesaid. That it shall and majbelair.
fill for the judge who shall have appointed any guardian or guardians as aforesaid, or the
successor of the said judge, upon reasonable complaint made and sustained, or cause shewn
to the satisfaction of the said judge, to remove such guardian or guardians fr<Hnhis orM
saad guardiaaahip, and if he shall jui^ it neoesaary to appoint another gnaidiaaor ps^
dians of the said infant.
lY . And be it further enacted by the authority aforesaid, That in all such easei wbee
(he estate, real or personal, be situate in one district, the right of appointment of jtuRliiias
shall belong to the surrogate court ; and when such estate, real or personal, is stoate in
two or more districts, such appointment shall belong to the court of probate, whiehcoort
of probate riiaU be a court of appeal, to which any party a^^evea or injored byaij
decision, decree, appointment, or other matter in the surrogate court, may applj.
y. And be it further enacted by the authority aforesaid, That in all cases where uj
party a^rieved by any decision, decree, or appointment^ or other matter decided in the
said court of probate, may appeal therefrom to the governor, lieutenant governor, orpersoo
administering the government of this province, in council, who are hereby autbonred to
confirm or reverse any such decision, decree, appointment, or other matter, brought before
them by such appeal or appeals ; any law or usage to the contrary notwithstaDding.
YI. And be it further enacted by the authority aforesaid, That it shall and maj be
lawful for the judges and ofBcers of the (Mtibate and surrogate courts to demand and receive
the foDowing fees, and no more, for the services required by this act :
OFFICIAL PRINCIPAIi, OR SURROOATK JUDOB.
For the appointment of a guardian, with seals thereto, fifteen shillings.
For auditing a euardian's account, when required so to do, ten shillings.
For an order for removing a guardian from his guardianship, three shiDiogs and m
pence.
RKOISTER.
For entering the appointment of a guardian, two shillings and six pence.
For entering an order of the judge; two shiUings and six pence.
For drawing and recording a bond of guardianship, six shillings and eight p^ice.
For copies given out of his office, the same as in cases of probote.
PrMwble.
Fms to be taken by
jvstieef ia erimiiMl ea-
Chapter VII.
AnMt io declare what fees abuU be received by justices qf the peace for the dului ft«r«»
mentioned. . «-,
[Ptaied FebBitfT l'» "^^
Whjbrjbas it is expedient that the fees to be taken by justices of the peace, ^^f^
vices hereinafter mentioned, should be ascertained and authorized by law ; ^*^^^^r ^^
enacted by the King's most excellent Majesty, by and with the advice ^?^^^^^^5 Icia-
legislative council and assembly of the province of Upper Canada, constituted »"" ^. .
Ued by virtue of and under the authority of an act passed in the parliament of Great on ?
entitled, " An act to repeal certain parts of an aet passed in the fourteenth year o j
Majesty's reign, entitled, * An act for making more eJfectual provision for the g^^^"""^jj.
of the province of Quebec, in North America, and to maJce further provision for y f j. j^
ment of the said province,' " and by the authority of the same, That from and alte ^^
first day of November next, the following fees, and no more, shall he taken from ^^
parties prosecuting by justices of the peace, in this province, or by their clerks,
duties and services hereinafter mentioned, that is to say :
For an information and warrant for apprehension for an assault, or other mirfeffle
three shillings and nine pence.
For diseharge of the defendant, oo^ sUlling and three pence.
Digitized by
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Xi
Pakuaubnt.]
C. d.^-emmi YmM <Mt iGmmib lYr-^iBSV.
For inlbrmation and warrant for surety of the peace, three shillings and nine pence.
For dischai^ of the defendant, one shilling and three pence.
For ereiy reeognizance, two shilUnss and six pence.
For each information besides that of the complainaiit, one shilling and three pence.
For ^warrant of commitment, two shillings and six pence.
II. And be it further enacted bj the authority aforesaid, That the costs to be charged
in cases of convictions under pensi statutes, witiMi the fees are not expressly prescribed
by any statute, shall be as follows, that is to say :
For information and wiyrant of summons, tiiree shillings and nine pence.
Fio^ evory subpcsfia to a witness, six pen^e.
For every conviction under a penal statute, seven shillings and six pence.
For wan^ant to levy a penalty, two shillings and six pence.
For mfeUng up overy record of conviction, whan the same is required to be retened to
the massionB^ or on certiorari, ten shillings.
Pti> tided dso, nevertheless, That in such cases as admit of a summary proceeding before
A fltm^ justiee of the peace, and wherein no higher penalty than three pounds can be
imposed, the sum of two shillings and six pence only shall be charged for die conviction^
and two shillkig$ and six pence for the warrant to levy the penalty.
III. Ati<! be it further enacted by the anthority aforesaid. That this act shall be and
remain in foree for foilr years from the first day of November next, and from thence to the
end of tba next ensuing session of parliament, and no longer.
la eoaTicUons
^eiua«liau«ii.
On eoDTietioii belmm
siim^ justice, wbero
the penalty does not
exceed three ponndi.
To
for.
Chapter Vttl.
Ana^t/or the/urther rditf of iMolvwU debtors.
iPMted Febmary 17, 1829.]
VTHsasAS by the third section of an act, entitled, ^^ An act to make further regulatioa
respecting the weekly maintenance of insolvent debtors,'' it is enacted, ^^ that in default of
payment of the sum of five shillings, weeklv allowance, pursuant to any rule or rules of
court, under the provisions of an act passed in the forty-fifth year of his late M^jestv'ff
reign, entitled, ^ An act for the relief of insolvent debtors,' " iLe first payment of which
said sum of five shillings is declared by the said clause to become due and payable <^
Monday next after the service of such rule on the plaintiff, or liis attorney, within the
district where such defendant shall be imprisoned, the prisoner, upon application to the
court fit>m which such execution issued, in term time, or a judge thereof in vacation, shall,
by order of the said court or judge, be discharged out of custody : Provided nevertheless.
That such discharge shall not be construed as a release or satisfaction of the subsistinjg
judgment, or to deprive the plaintiff or plaintiffs of his, her, or their remedy thereafter against
the goods and chattels, lands and tenements, of Such prisoner so discharged ; and whereas
it is expedient that prisoners in execution for debt should be enabled to take the benefit
of the said act, although th6 plaintiff or his attorney should not be residing within the
district where such defendant shall be imprisoned ; be it therefore enacted by the Eing^s
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britadn, entitled, ^' An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled^
* An act for making more effectual provision for the government of the province of Quebec,
in Notth America, and to make further provision for the government of the said pro-
vince,' " and by the authority of the same, That the said clause be repealed ; and that^in
default of the payment of the sum of five shillings weekly allowance, pursuant to any rule
or rules of court under the provisions of an act passed in the forty-nfth year of his late
Majesty's reign, entitled, " An act for the relief of insolvent debtors," the first payment of
which said sura of five shillings is hereby directed to become due and payable on the third
Monday next after the service of such rule upon the plaintiff or his attorney, the prisoner^
upon ajpplication to the said court, from which such execution issued, in term time, or a
judge thereof, in vacation, shall, by order of the said court or judge, be discharged oqt pt
custody : Provided nevertheless, That such discharge shall not be construed as a release
or satisfaction of the subsisting judgment, or to deprive the plaintiff or plaintiffs of his, her,
or their remedy thereafter against the goods and chattek, lands and tenements, o^ such
prisoner so discharged.
(SeeaiQeo.IV,ea)
Preemble.
3d claote of 3^ 0e^,
IV,elS, npeded.
Court in term time, or
judge in ▼acetion, mmy
onter jMFwoncAn ^(o %^
ipest of tMir 'iv>eeld|y
allowanee.
8ach discbai^ not to
operate m a release of
the debt.
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i44 C. 9, 10, ll.-^iGHTH Ymasl of GhKmoB iy.--1827. [Tbus Smoi,
Chapter IX.
An act to rq^eal part qf and amend the law now in farce aesigmng UmUa to gadik
this province.
[RXPEALXD BT IItH GbO. IT, Cb. &]
. lY, o 9.)
Cbapter X.
^^rS^ii \^ ^ ^^ ^' '^ continue the laws now in force prottding a eakary for certain sheriffikUii
province.
[PMMd Fabffoaiy 17,1371
Whxbsas an act passed in the second year of his present Majesty's reign, entitled, ^^ An
act to continue an act ^ssed in the forty-sixth year of his late Majesty's reign, entitled,
*An act to make provision for certain sherifis in this province ;'" and a certain other i£t
of the parliament of this province passed in the fifty-seventh year of his late Majesty^s
reign, entitled, ^^ An act iurther to continue an act passed in the forty-sixth year of his
Majesty's reign, entitled, ^ An act to make provision for certain sheriff in this prorifice,'
and also to extend the provisions of the said act, and to protect the interests ofmiorsm
certain cases ;" and also a certain other act passed in the fourth year of his pr^Dt
Majesty's reign, entitled, ^^ An act granting to his Majesty a sum of money to be applied
in the payment of a salary to the sherifiT of the Bathurst district," will shortlj eipire,
and it is expedient to continue the same ; be it therefore enacted by the King's mo&l
excellent Majesty, by and with the advice and consent of the legislative councO and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitle(^ ^^An act
. . to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the promce
of Quebec, in North America, and to make further provision for the government of the
alllS'a^niimSM^iad ^*^ province,' " and by the authority of the same, That the said act passed in the second
to AefMkiMiiorthe year of his present Majesty's reign, and also the said act passed in the fourth jear of the
tSmd te^SffyMuT ^W^ of his present Majesty, shall be, and the same are, hereby continued, and shall be
in force for four years, and from thence to the end of the then ensuing session of parlia-
ment.
Chapter XI.
An act to amend the law now in force in respect to granting licenses far keeping aU
houses.
[PaMed Febnuiy 17, 1827 ]
Whsr£as the law now in force relative to the granting of ale and beer licenses is
defective, as regards the time of granting the same ; be it therefore enacted bj the
King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled bj
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the govern-
4tiieiMte of 4th Geo. ^cnt of the Said province,'" and by the authority of the same, That the fourth clause
nr, e lit, f«pMled. of an act passed in the fourth year of his present Majesty's reign, entitled, "An act to
restrain the selling of beer, ale, cider, and other liquors, not spirituous, in certain towus
and villages in this province, and to regulate the manner of licensing ale houses within tbe
same," be, and the same is, hereby repealed.
Jaftkum^vwtorM*- 11. And be it further enacted by the authority aforesaid. That from and after thepassii^
to^1S%Cw^%r^ ?^ }^^ ^^^^ the justices of the peace of the several districts of this province, ortheina-
jority of them, in their general quarter sessions assembled, shall have full power and
authority to grant licenses to such person or persons as may apply for the same, under
the hand and seal of the chairman, in order to carry into effect the provisions of the ^
recited act.
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Nma Pabuaio&nt.]
C. 13.— Eighth Ysar of Gbotoe IV.— 1827.
4M
Preamble.
£0000 etoek lubecrib-
ed.
Certain peraont ine«r-
pomted under the name
of the CnUxmqui brid|^
companj.
Chapter Xll«
An ocf to incorporate certain persons therein mentionedy under the style and title of
" The Cataraqui Bridge Campany.^^
[Pasiod- February 17, 1827.]
WxiSHXAB John R. Glover, John Marks, John Macaulay, John Kirby, Christopher
Alexander Hagerman) Michael Spratt, John P. Hawkins, Robert Moore, Charles Jones,
Stepben Yarwood, Augustus Barber, George Colls, Richaid Williams, Jaines B. Forsyth,
George M'Beath, Adam Krien, John S. Cartwright, Robert D. Cartwright, Alexander
Anderson, George Okill Stuart, Laughlin Currie, Donald MTherson, James Nickalls the
younger, Francis Archibald Harper, John Gumming, James Sampson, Elizabeth Hcrch-
mer, Catharine Markland, Anne Macaulay, John Wallace, Archibald ^rDonell, John
Counter, John Jenkins, and Edward Forsyth, have petitioned to be incorj)orated for tlie
purposes of this act ; and whereas they have represented, by their agent, that they have
made arrangements with his Majesty's government, in case the object above recited shall
be carried into effect, for the passage of military and naval stores, and of the oificers and
men belonging or attached to the various military and naval depaitments, for a certain
consideration to be annually paid by the govermnent, and that for the purposes of their incor-
poration, they have subscribed stock to the amount of six thousand pounds ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ** An act to repeal certain pai'ts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ' An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same. That the said
John R. Glover, John Marks, John Macaulay, John Kirl^, Christopher Alexander Ha-
german, Michael Spratt, John P. Hawkins, Robert Moore, Charles Jones, Stephen.
Yarwood, Augustus Barber, George Colls, Richard Williams, James B. Forsyth, George
M'Beath, Adam Krien, John S, Cartwright, Robert D. Cartwright, Alexander Anderson,
Greorge Okill Stuart, Laughlin Currie, Donald M'Pherson, James Nickalls the younger,
Francis Archibald Harper, John Gumming, James Sampson, Elizabeth Herchmer, Catha-
rine Markland, Anne Macaulay, John Wallace, Archibald M'Donell, John Counter, John
Jenkins, Edward Forsyth, and their successors, who shall become stockholders of the
company hereinafter mentioned, shall be and are hereby ordained, constituted, and
declared to be, a body corporate and politic, in fact, and by the name of " The Cataraqui
Bridge Company ;" and that by that name they and their successors shall and may have
continued succession, and by such name shall be capable of contracting and being con-
tracted with, of suing and being sued, pleading and being impleaded, answering and being
answered unto, in all courts or places whatsoever, in all manner of actions, suits,
complaints, matters, and causes whatsoever ; and that they and their successors may and
shall have a common seal, and may change and alter the same at their will and pleasure ;
and also that they and their successors, by the same name of ^^ The Cataraqui Bridge
Company," shall be in law capable of purchasing, having, and holding, to them and their
successors, any estate, real, personal, or mixed, to and for the use of the said company,
and of letting, conveying, or otherwise departing therewith, for the benefit and on account
of the said company, from time to time, as they shall deem necessary and expedient:
Provided always, nevertheless. That the company shall not be allowed to hold real estate,
exclusive of the said bridge, and its immediate dependencies, of a greater annual value
than fire hundred pounds, and that nothing herein contained shall be considered to autho-^
rize the said company to transact the business of banking.
II. Provided always, nevertheless, and be it further enacted by the authority aforesaid.
That nothing in this act contained shall extend to give to any femme covert, who may be
a subscriber to the stock of the said company, a right to be regarded as a member of the
company, but that her husband shall be regarded as the stockholder in her stead, notwith-
standing the name of such femme covert, and not that of her husband, shall have been
inserted in the petition hereinbefore recited.
III. And be it further enacted by the authority aforesaid, That the said company are
hereby authorized and empowered, at their own cost and charge, to erect and build a good
and substantial bridge over the great river Catiu'aqui, near the town of Kingston, in the too to point Frederic
Midland district of this province, from the present scow landing on the military reserve
opposiCe to the northeast end of the continuation of Front street, in the said town, to the
opposite shore on point Frederick, at the present scow landing on the military reserve,
adjoining the western addition of the township of Pittsburgh in the said district, with
convenient access thereto at both ends of the said bridge, to and from the adjacent high-
ways at present in use ; that the said bridge shall be at least twenty-five feet in width,
56 Digitized by
Common »eal.
To hold real and perso-
nal estate.
Not to hold i«al estate
of greater annual value
than jC500, nor to tran-
sact business as bankcn
Where fcmmes coreK
are stockholders, the
husband shall repieecnt
the stock.
The company to bpfld
a bridge over the river
Cataraqui, from Kinrs-
* " *" ' 'ick.
Description
bridge
of the
Google
C. 19.— EiOHTH YsAS or Obobos IV.— 1827.
('nmuD
ToMkooMt aad tera-
Fower ^T«a to oeeopy
hndfortlM poipoMor
placiii|[ tad worsiBgap
matenalt, &e.
Geaenl powers giTca
to tlie eompuij.
Dnm hndgfi to be
made to admit tlie peai-
in; of vwob tnil
cnfts;
and to admit of steam
boats, if neoessaiy.
Bridge, &e. rested :
the compan J.
Justices of tbe peace to
certify wbea the bridge
is completed.
Pnblicatioii of such
certificate.
ToOs peimitt«d to bo
oftoU to bepvt
irtlw toU hoiiso
ia«oBspieiKNM( chane*
tei^
ToUs Tested ia the
Peaalhr on petaoiis at-
temptfng to erade the
paymeatoftoD.
and of sufficioDl sU^iicth tsn: the passage of artillery carriages, and catUe of eyery
description, having sufficient side rails for the security of passengers, and a convement
foot-way for passengers, separated from the carriage-way by secure raJUngs ; tbat tbe sajd
company shall abo be at liberty to erect and build toll houses and toll bars, and to con-
struct turnpikes and other necessary dependencies on or near the said bridge, and also
from time to time to alter, repair, amend, widen, or enlarge the same ; and thai lor the
purpose of erecting, building, and keeping in repair the said bridge, the said company
shall have full power and authority to take from time to time and use such land on either
side of the said river, at the places aforesaid belonging to his Majesty, as may be neces-
sary, and there to lay timber, boards, lumber, stone, gravel, sand, and all other materials,
which may be requisite for building, maintaining, or repairing the said bridge, and tbere
to make, work up, and finish the same, doing no unnecessary ^mage, and also to eenstmel,
make, perform, and do all other matters an^ things which they shall think necessary »id
convenient for the making, preserving, improving, completing, said using the said bfidge,
in pursuance of and within the true meaning of this act : Provided always. That the said
company shall make, or cause and procure to be made, in some part of the said bridge, a
draw bridge, or moveable part, not less than eighteen feet in length, for the passage of aH
vessels, boats, and crafts, of every description, and shall cause the same to be opened
for their passage at all hours during the season of navigation, without exacting any toll or
reward ; and that if from any improvement which shall hereafter be made, it shall becesse
desirable to have a passage for vessels or boats of larger dimensions, through or under
the said bridge, it shall be incumbent upon the said company, so soon as may be practica-
ble, to increase the dimensions of their draw bridge, so that the navigation shall not be
obstructed by the said bridge.
lY. And be it further enacted by the authority aforesaid. That the said bridge, toll
houses, turnpikes, and all other dependencies at or near thereto, and also the ajqmocbes
to the said bridge, and all materials which shall be from time to time gotten or provided
for erecting, building, making, maintaining, or repairing the same, shall be, and the same
are hereby vested in the said company and their successors forever ; and so soon as the
said bridge shall be erected and built, and the same, as well as the access thereto, shall
be made fit and proper for the passage of travellers, carriages, and cattle, of every descrip-
tion, and that the same shall be certified by the clerk of the peace, by order of a majority
of the justices of the peace, present at any general quarter sessions of the peaoe, or at
any adjourned general quarter sessions, and notice of sudi certificate shall be published
twice in each of the public newspapers in the town of Kingston, it shall and may be lawful
for the said company, and their successors, from time to time, and at all times, to a^,
demand, receive, recover, and take, as toll, to and for their own proper use, benefit, and
behoof, for pontage, as in the name of a toll or duty, before any passage over tifb said
bridge shall be permitted, the several sums following, that is to say :
For every waggon or carriage of any description, on four wheels, (laden or unladen,)
drawn by two horses, oxen, or other beasts of draught, seven pence halfpenny, jN-ovin-
cial currency. .
For every carriage with four wheels, and drawn by one horse, mx pence.
For every additional horse, ox, or other beast of draught, two pence halfpenny.
For every chaise, cart, or other vehicle, on two wheels, (laden or unladen,) drawn by
one horse, ox, or other beast of draught, six pence.
For every additional horse, ox, or other beast of draught, one penny halfpenny.
For every carriole, sleigh, or other vehicle, without wheels, drawn by one horse, or other
beast of draught, six pence.
For every additional horse, or other beast of draught, two pence halfpenny.
For every horse and his rider, five pence.
For every horse, mule, ass, ox, bull, or cow, two pence halfpenny.
For every hog, pig, goat, calf, sheep, or lamb, one penny.
For every person who shall pass the said bridge, except children under two years of age,
and except the driver of any chaise, carriage, cart, waggon, train, carriole, sleigh, or
other vehicle, two pence.
Provided also, That the said company, and tlieir successors, shaH affix, or cause to be
affixed, and kept affixed, at or near the toll house or gate, a table of tlie rates of toll
payable for passing over the said bridge, painted or written in plain and conspicuous
characters.
v. And be it further enacted by the authority aforesaid. That the said tolls shall be,
and the same are, hereby vested in the said company, and their successors.
VL And be it further enacted by the authority aforesaid. That if any person or persons
shall pstos over, or wilfully attempt to pass over, the said bridge without paying the tolb
above specified, every such person or persons shall forfeit and pay, for every suck ofence,
to the said company, the sum of five shillings, provincial curveney, and Uiat die savie may
Digitized by VrjiJOV IC
ftunm PMmMMMBsr.] a ta.^Et»ma Ybm of QmHox IV.^1837.
lift tee#reted upon the oath o^ oae <» Biore erediUt idtneas or wttnesses^ of upon con-
fetaiwi of the pMty, bdbro any one or more of his Mdesty's josticet of the peac^ in and
f«r die Midland diMrict, and tbe said penalty shall be levied bj distneni and sale of the
i and dMttek of such offender or ofienders, under tbe hand and ses^, or hands and
lis of sneh justiee or justiees, and the overplus, if anj, (after deducting the charges of
44t
such distress and sale^J shall, upon demand, be returned to the owner or owners of such
goods and chattels, ana in case no such distress shall be found, such offender or offenders
sball be committed to the common gaol of tbe district, for a time not exceeding one week,
«k the disoretioii of such justice or justices.
VIL And be It further enacted by the authority aforesaid, That if the said company
shall contract with bia Majesty's goremment, or with any puMic naval or military depart-
ment of his Majesty's service, for a consideration to be paid to the said company, to allow
officers and men bekmging or attached to the various militarj and naval departments, and
csurriages of aU descriptions, and horses, or other beasts of draught or burthen, belonging
tO) or used in the employment of any military or naval department of his Majesty's ser-
^viee, to pass free of M toll, or impost, over the said bridge and its dependencies, then
and in such ease it shall not b6 lawful t3 receive or exact any t6ll or import, contrary to
the said agreement, but all persons, carriages, and beasts of burthen, or draught, which it
shall be agreed by any such contract to allow to pass free of toll or impost, shall be per-
Bsitted to pass freely according to such agreement, without interference or obstruction on
the part of Ike said company or their assigns.
Vllh And be it further enacted by the authority aforesaid, That if any person shall
malicionsly pull down or destroy the said bridge, or set fire io any part thereof, every
perscm so offending, and being thereof lawfully convicted, shall be deemed guilty of felony.
IX. And be it further enacted by the authority aforesaid, That if any person aliail
nmlieiou^ pull down or destroy any part of the said bridge, or any toll house, or other
work to be erected or made bj virtue of this act, or any part thereof, every such person
or persons shall forfeit and pay, for every such oSence, to the said company, a sum not
exceediBg forty shillings, nor less than two shillings and six pence, and that the same may
he recovered (upon the oath of one or more credible witness or witnesses, or upon con-
feaaion of the party) before any one or mor« of his Majesty's justices of the peace in and
for the sa&I district, and the said penalty shall be levmd by distress and sale of the goods
and chattels of such offender or offenders, by warrant under the hand and seal or hands
asid seals of such justice or justices, and the overplus, if any, after deducting the charges
of SHch distress and sale, shall, upon demand, be returned to the owner or owners of such
gemds and chattels ; and in ease no such dtttress ^»n be found, such offender or offenders
shall be committed to the common gaol of the district, for a time not exceeding fourteen
da.79^ al the discretion of such justice or justices : Provided, Tnat nothing herein con-
tained shall prevent, or be construed to prevent, the said company from commencing or
maintaining any action or actions at law against any person or persons.
X. And be it fbrther enacted by the authority aforesaid, That the stock, property,
affioB-s, and concerns of the said corporation, shall be managed and conducted by five
dirBctors, one of whom shall be chosen president, who iriiall hold their offices for one
year ; which said directors shall be stockholders and inhabitants of this province, and be
^eeted on the last Monday in January in every year, in the town of Kingston, at such
time of the day as a majority of the directors for the time being shall appomt, and public
notice thereof shaU be given in the several public newspapers of the said town, at least
teiv days previous to the time of holding the said election ; and the Said election shall be
held and made by such of the stockholders of the said company as shall attend for that
purpose, in their own person, or by proxy, and all elections for such direetors shflH be by
ballot, and the five persons who shall have the greatest number of votes at any election
shall be directors ; and if it should happen at any such election, that two or more have
an equal number of votes, in such manner that a greater number of persons than five
shail, by a plurality of votes, appear to be diosen directors, then the said stockholders
hereinbefore authorized to hold such election, shail* proceed to elect by ballot, until it is
determined, by plurality of votes, which of the said persons so having an equal number
of 'votes shril be the director or directors, so as to complete the whole number of five ;
and the said directors, so soon as may be after the said election, shall proceed in tike man-
ner to elect by bdlot one of their number to be president ; and if any director shall absent
himself from this province, and cease to be an inhabitant thereof for the space of six
months, his office shall be considered as vacant ; and if any vac{mcy or vacancies should
at any time happen among the directors, by death, resignation, or removal from the pro-
Tmce^ such vacancy or vacancies shall be filled for the remainder of the year in which
they may happen, by a person or persons to be nominated by a majority of the said direc-
tors : Provided always, That no person shall be eligible to be a director who shall not be
a steckholder to tie amount of at least four shares.
Digitized by
Provision for earrying^
into effect any ai^ree-
ment Uiat may Im made
by Uie compa«y with
his Mi^fty's fprreimp
ment fo^ ihe passage df
Boldien, fee. free of
toU.
Felony, malieioiuly to
bum or destroy the
bridge, &e.
for mall-
cioasty iigariag the
bridge, &c.
Not to restrain the
from seeking
by ciTil ae-
panTi
meay
a rem(
tion.
Firesident ahd dire6foirs
how to be chosen.
To be one year in of-
fice.
Qoalifieations.
Notice of election.
Five directors.
President.
Vacancies, how suppli-
ed.
Google
448
C. 13.*— EiORTH Ybar of Ommas IV.— 1827.
[Tbod Si
Ratio of mlM.
Coffponti«m not to be
#uM»lTed, ifdireeton
■otelioiefi on the day
Dhidends of profits.
Power and duty of di-
rectors.
Gkikt, acrraiits, &e
Salaries.
Company may make
roles for prerenting
dama^ to the bridi^e
in eertatn caset.
Tolla miqr be fanned.
Shares, wivber and
amount
Sluves nay be increas-
ed to three hundred
and twentjr*
Calling in instahnents.
Foifeitnre of shares by
non-payment.
XI. And be it further enaeted by the aattiority aforesaid, That eaefa BtoeUboUer flinB
be entitled to a number of votes, proportioned to the nuiiri>er of shares whieh he or she
shall have held in his or her own name, at least one month prior to the time of vetin^
according to the following rates, that is to say : at the rate df one vote for each shave sot
exceeding four; five votes for six shares ; six votes for eight shares; seven votes for ten
shares ; and one. vote for every five shares above ten.
XII. And be it further enacted by the authority aforesaid, That in case it shoidd at any
time happen that an election of directors should not be made on any day when, pursuant
to this act, it ought to have been made, the said corporation shall not for th«t caase be
deemed to be dissolved, but that it shall and may be lawful on any day to make and
hold an election of directors, in such manner as shall have been regulated by the Jaws
and ordinances of the said corporation.
XIII. And be it further enacted by the authority aforesaid, That it shall be the dtity
of the directors to make half yearly dividends, in the months of January and July in
each year, of so much of the profits of the said company as to them, or t^ nugimty of
them, shall appear advisable ; and that once in every year, at the general election of direc-
tors, an exact and particular statement shall be rendered of all debts whieh shall be due
to or by the said company, and of the surplus profits, if any, after dedueting losses, divi-
dends, and expenditures.
XIV. And be it further enacted by the authority aforesaid. That the directors, fwthe
time being, or a major part of them, shall have power to make and subscribe such rules
and regulations as to them shall appear needful and proper, touching the management and
disposition of the stock, property, estate, and effects of the said corporation, and tooching
the duty and conduct of the ofiicers, clerks, and servants, and all such other matters as ap>
pertain to the business of the said company ; and shall also have power to appoint as
many ofiicerd, clerks, and servants, for carrying on the said business, and with such salaries
and allowances, as to them shall seem meet : Provided, That such rules and regulations
be not repugnant to the laws of this province.
XV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the said company to make such rules and regulations as shall be deemed neces-
sary for the preservation of the said bridge, by preventing any person or persons from
crossing the same at too rapid a rate, or drawing thereon logs of timber, or other heavy
articles, without a carriage.
XVI. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said company, and they are hereby authorised, to let aiid farm the said tolls,
(authorized to be taken by this act,) to such person or persons as may be willing and
desirous of taking and farming the same ; and all such person or persons shall receive the
like tolls, and may recover the same penalties for non-payment thereof, as the said company
can or might do, any thing hereinbefore contained to the contrary theneof in anywise not-
withstanding.
XVII. And be it fui-ther enacted by the authority aforesaid. That each share in the said
company shall be twenty-five pounds, provincial currency, and that the number of shares
shall not exceed two hundred and forty : Provided always, nevertheless,'That in case the
sum of six thousand pounds already subscribed by the stockholders of the said company,
shall not be sufficient for the building and erecting of the said bridge, agreeably to the
provisions of this act, it shall and may be lawful for the said directors, and they are hereby
authorized, to declare the same by a resolution passed for that purpose, and published in
the several newspapers of the town of Kingston ; and that in such case additional stock
may be subscribed and held under the provisions of this act, so that the whole number of
shares do not exceed three hundred and twenty, and all persons thus becoming stock-
holders shall be entitled to all .the privileges and benefits of this act, in as full and ample
a, manner as if they had been original subscribers.
XVUI. And be it further enacted by the authority aforesaid. That so soon as the
directors shall be elected, after the passing of this act, it shall and may be lawful for them
to call in, by instalments of not more than ten per cent, on each share, the amount of
the shareis subscribed, which are hereby declared to be due and payable to the said cooir
pany as above mentioned : Provided, That no instalment shall be called for in less than
thirty days after public notice shall be given in one or more of the public newspapers of
the town of Kingston : Provided always. That if any stockholder or stockholders shall
neglect or refuse to pay to the said company the instalnient due on any share or shares
held by him, her, or them, at the time required by law, such stockholder or stockholders
shall forfeit such share or shares as aforesaid, with the amount previously paid thereon,
and the share or shares shall be sold by the directors at public auction, after having given
thirty days' notice, and the proceeds thereof, together with the amount previously paid
thereon, shall be accounted for and applied in like manner as any other funds of the said
company : Provided always. That such purchaser or purchasers shall pay lo the said
Digitized by VjiJOVlt:
NianrH Pabuahknt.]
C. 12.— EiOBTH Yjbar of Gxoaox IV.— 1837.
44t
(Glares m$j h% tnuM-
ferred.
ned Miw
f,«iid U
Shan b« d«eaed
tabjcct to be aold ui.
execution, Ice.
When lint
•hall be ehoaen.
Their
And
Sin, bat not beyend
e ratea aafhnriTOd bv ,
thia act .
The bridge ahall ia
■OBie one part, hare a
■pace not leas than fbi^
^ feet betireen the
pien for nfts to paaa.
I in three yean.
company the amount of the instalment required, o^er and above the purchase money of
die riiare or shares to be purchased by him, her, or them, as aforesaid, immediately after
the s^, and bef^nre they shall be entitled to a certifioate of the transfer of sueh share or
shares, so to be purchased as aforesaid.
XIX. And be it further enacted by the authority aforesaid, That after the first instal-
ment on each share shall have been paid to the said company, the shares shall become
transferable on the books of the said company, and that such shares shall be deemed
personal property, and as such, shall and may be disposed of and distributed, and shall,
like odier personal property, be subject to execution and sale for the satisfactiont>f debts.
XX. And be it further enacted by the authority aforesaid. That on the second Monday
after the passing of this act, a meeting of the stockholders shall be held at the court house
in the town of Kingston, who, in the same manner as hereinbefore provided, shall proceed
to elect five persons to be directors, who shall continue in office as such directors until the
last Monday in Janitary next after their election, and who shall, during their continuance in
office, discharge the duties of directors in the same manner as if they had been elected at
the annual election in January.
XXL And be it further enacted by the authority aforesaid. That it shall and may be Directow nay at anj
lawful for the directors, for the time being, to diminish the rate of toll or duty on passing time dimiaith the nitea
the said bridge, as hereinbefore mentioned, to such standard as to them, or a major part ^ ***"*'
of them, shall seem necessary : Provided always. That no such diminution shall be con-
strued to prevent them from again increasing the same as they shall think expedient, so
that such increase shall not exceed the rate of toll hereinbefore established by the fourth
clause of this act.
XXII. And be- it further enacted by the authority aforesaid. That the said bridge shall
be built in sueh a manner that the piers shall, at least in one part-of the same, be forty
feet apart, in order that rafts may pass under and through the same without any hindrance
or obstruction.
XXIII. And be it further enacted by the authority aforesaid. That the said company, sridM
to entitle themselves to the benefits and advantages to them by this act granted, shall, and pi«tod i
they are hereby required to, erect and complete the said bridge, toll houses, turnpike,
and dependencies^ within three years from the day of the passing of this act; and if the (Extended to twoTeara
same shall not be completed within the time last mentioned, so as to afford a convenient mMn20thMareh,i8S7.
and safe passage over the said bridge, the said company and their successors shall cease ^^^^^^'^•'^••^••)
to have any right, title, or claim, of, in, or to the tolls hereby imposed, which shall from Or the toUa ahall gete
thenceforward belong to his Majesty, and the said company shall not, by the said tolls, or ^ ^*^^i*^ *^
in any other manner or way, be entitled to any reipibursement of the expenses they may ^^Smed theSr^es^
have incurred in and about the building of the said bridge ; and in case the said bridge, P^*^-
after it shall have been erected and completed, shall at any tune become impassable or K^"^^<^^ 'Sd^'
unsafe for travellers, carriages, or cattle, the said company and their successors shall, and thTqaarterii^ons.
they are hereby required, within twelve months from the time at which the said bridge,
by presentment of a grand jury at any general quarter sessions of the peace, in and for
the Midland district, be declared to be impassable or unsafe, and notice thereof to the
directors by the said court given, to cause the same to be re-built or repaired, and made
safe and commodious for the passage of travellers, carriages, and cattle ; and if within
the time last mentioned the said bridge be not so repaired or re-built, as the case may Je^^^'^r^^m!^^.
require, then the said bridge, and all its dependencies, shall be taken and considered to be mcnt.
the property of his Majesty, and the right of the said company and their successors in the
pretnises shall be wholly and forever determined : Provided always. That before the said
default is incurred, and during the interval hereby allowed for the repairing or re-building
of the said bridge, it shall and may be lawful for the said company and their successors, S^^iSJta* whSTth*
and they are hereby authorized and obliged, to provide proper and convenient ferry boats ^n<fo *• ^»« »-*«*
or scows for the passage of travellers, carriages, and cattle, over the said river, as near to °"*P* •
the said bridge as conveniently may be, and to demand, collect, and receive, for the pas-
sage of such travellers, carriages, and cattle, in the said ferry boats and scows, before
they respectively shall be permitted to pass, the like tolls as are hereby authorized to be
taken for passing over the said bridge, any thing hereinbefore contained to the contrary
notwithstanding.
XXIV. And be it further enacted by the authority aforesaid. That so soon as the said
bridge shall be passable and opened for the use of the public, the present ferries between
the town of Kingston and point Frederick shall cease, and from thenceforward no person or
persons shall erect, or cause to be erected, any bridge or bridges, or work or use any
ferry for the carriage of any persons, carriages, or cattle, whatsoever, for hire, across the
said river Cataraqui, between any part of the said town of Kingston and point Frederick, '
aforesaid ; and if any person or persons shall at any time, for hire or gain, pass or convey
any person or persons, cattle, carriage, or carriages, across the said river, within one mile
of the said bridge, on either side thereof, such offender or offenders shall, for each car-
Digitized by
Tirili for aneh forty.
There shall he no for-
riea to interfere with
the bridge.
Nor bridge ereeted.
Google
a la.— Euuom Yai^B or Cmms IV.--18e7.
[TBvSawf,
Tm^.
BxMpttoa
Und.
U to boats
PMtMtiM afforded
PttUieaet
Afttf fiftj
of tllB
Cor Ik^
paid to tho ooBBpoiiy.
Arbitntum.
riage^ pWKMK w ani—l, forfeit and pay ti^ A» add •m^majt the ana oC hrentjrayiiy
auneoey, whittbi said wui^ shaU be rec«veted in Uke maiuier m the pnnaky ntiilioKik
the fifth cfaiwe of tbia aet ; Prnvided always^ &ev€rthelos8^ That it ahaU and ma j be lit.
fill for any person to hire a boat for the purpose of croasiag the said river,, wkhm th
limits aforesaid, on ai^ occaaiony ao thai; no boat shall be used as a public or comaioafenT,
ta the prejudice of the said eompany.
XXV. And be it fiuiher enacted by the authority aforesaid, That if any attioa M
be broBght or commenced a^nat any person or persona for any thing done or to be dea
in jpursaanee of this act, or in execution of the powers and authoritiea, or the ordenor
direatiebs, hereinbefore giv^en or granted^ every such suit ahall be breiight er ummatei
within six calendar months next idler tlie fact commiUed, oi* in eaae there bImU bei ei»
liauatien ef damagas, then witUn six oafeadar months next after the doing or iMiHiiJB|
of aush damageai shall ceaae, aad not aflenvarde.
XXVL And be k further enacted by the aulhoriiy afocesatd, That this act M be
taken and deemed to be a public act^ and as such shall be judicially noticed b^ all judgn,
justices of the peace, and all other persons, without being specially pleaded.
XXVU. And be it further enacted by the authority aforesaid^ Thai after the exjanfion
oC fifty years, to be accounted from the passing of thia aet^ it shall and may be iawfaffcrlus
Maj^aty, his heira and aucceasora, under the authority, and upon the eonditiofiayatt} sulh
jeet to tne provi^ionsy of any act of the lefdalature of this proTtnce, to aseume the pooeMioB
and property of the aaad bridge, toll nouaea, tumpikea, and depend«ioie8) aid tbe
approaches thereto, upon paying to the add ccmoipany the full and Mitire rahie tbendil
the time of such assumption, which value shall be ascertained by three arhitntors,eMi(
whom ahoU be appointed by the governor, lieutenant governor, or person wiadoiskn^
the government of thia province, another by the said company, and a third AdI bechoea
by auch two arbitratora; and if Ua Majeaty shall,, in the manner hereinbefere meatiooe^
aasume the possession and property of the said bridge, toll houses, turnpikes, inddt^
pendenciea, and the approacbea thereto, then the said tolls shall, from the time of boeh
aasumption, appertain and belong to his Majeaty,^ his heira and auecessors, to and ki tbe
useata be declared in any auch act, who slntt from thenc«ibrth be substitatedintbtpkNe
and. stead of the aaid 04)mpany for all and every the purpoaea of thia aet.
jMtiooa of tha oeaea
f«B tha dUttriot orOota
wmf apply ttM'dntnct
lalaatoirardt bailding
a gaol aad eooit home.
Tbo oboiM ilutf aot
axooed ^liioOO.
Tbe justices at the
qaaiter seMioos in
April Bom, majraofKto-
riae a loan on the credit
oCtbo district fands.
Not azooodiag £4,000.
Chapter JLUJ.
Juioetto ffoMefm the erectkm of a gaot and c&uri 1wu$t in the dMrid efGm.
[P»BedF<*niM7l7,I«7)
WmnsAa it appears by the petitions of the magistrates and inhabitants of the GofP
dtatriet, that the magistrates thereof have contracted for the erection of a gaol and coorf
houae at HamtHon, in the said district, but the legal assessments, ahhowgh rapidly inrrM?-
ing, not enablinp; them t<y discharge the amount for which they hare contracted, wi*
suuable promptness, provision by law is required to aid them in canying the said contnct
into effect; be it therefore enacted by the King's most excellent M ojesty, 1>t and witii
the advice and comment of the legislative council and assembly of the province of ('PP|J
Canada, constituted and assembled by virtue of and under the authority of an act/w^J^
in the parliament of Great Britain, entitled, "An act to repeal ceitain partsofanart
passed in the fourteenth year of his Majesty's reign, entitled, 'An act for makw?'^^^^
eAsetual provision for the government of the jjrovincc of Quebec, in North Ameriw, aii«
to make further provision for the government of the said province,' " and hy the authonj)'
of the same, That it shall and may be lawful for the justices of the peace in and for m
said district, in general qilartcr sessions assembled, and they are hereby authorized anrf
reqvHred to ap)}ly towards the expense of building such gaol and court honse, afl J^^°
monies arising from such rates and assessments as now are, or may come into the haiwj
of the treasurer of the said tlistrict, and applicable to the uses of the same, not reqinrw
for the ordinary and incidental expenses of the said district : Provided always, Tn»
nothing in this act contained shall authorize the expenditure of a greater sum than W
thousand pounds in the erecting and completing the said goal and court house.
II. And whereas " ' -..-.. - . j,
in the said district,
into effect without ^, „.^. .,„„^.^„ „j .„. «„...^w.^ ^,...^. , ^^.
and may be lawful for the justices of the jicacc in and for the said district, in B^"^^*^"!
ter sessiofis assembled, in April' next, and they are hereby required by an orfer oi
said court, to authorize and direct the treasurer of the said district to raise, by ^^^^^^^
such person or persons, bodies politic or corporate, who may be willing io lend the ^ ^
on* the credit of the district, a sum not exceeding four thousand pounds, to be apP"
the holding of the said gaol and court house.
Digiti
zed by Google
HxwtTU Pasuamkitt.]
C. 14. — EiOHTH Ykaa of Gteottox !V.*— ISSfJf.
m
III. Provided always, and be it further enacted by the authority aforesaid, That the
money so borrowed under the authority of this act shall not bear a greater interest than
six per eentmn p^ afmum, and that the ta^asorer of the said di^ricl, for the time borioj;,
shall aiimijdly, unffl the loan so raised, with the interest accruing thereon, shall be paid
and disehaiged, apply towards the payment of the same, a sum not leas Aaa throe hun-
dred pounds, from and out of the rates and assessments so coming into his hands ibr the
» of the district as aforesaid, together with all such monies as may r^nain in has hands
. ^r the paymoMt of the ordiMury and incidental charges of the year.
i V. And be it fiirdier enacted by the authority aforesaid, l^iat the treasurer of the
district ef Gore shdl net receire any per centage for any sum or sums of money wfaioh
majr he loaned under Ae authority of diis act, md which may come imlo bis bands^ ot for
pajriBg ant ilie same.
ThelowiliailBOt Bmt
A greater interasttlMM
six per cent.
Not let
sheU be applied
ally to tke lepMMat
Treniiirer to beve no
per eentage on the bm^
nej borrowed.
Claapter XIV.
Afi tfc/ to amend the laws now in force for the appointment ofetreet survtjfors^ sofbr ^
relaies to ffke several towns in this province other than those m which the gentral qtrnf-
ier sessions of the peace are by law hoUen.
tTtoicd 9VbMi*»y 17, 169.}
MfsasfuuLS by the fourth and fifth sections of an act passed In the fourth yeaf «f hfe
present Majesty's reign, entitled, ^^ An act to amend Vrnd make perpetual an act passed in
the MIy-ninth year of his late Majesty's reign, entitled, ^ An act to repeal part of (md
aBnend the laws bow in force for laying out, amending, and keeping in i^epair, the public
hig^bwmys aiKi roads in this province,' " and also to amend an act passed in the fiftieth year
of bis late Majesty's reign, entitled, *' An act to provide for the laying out, amending, and
keeping in renair, the public highways and roads in this province, and to repeal the laws
noii^ m feroe for that purpose," it is enacted that the justices of the peace & and for the
sa^efid distriets of this province shall have power, at any general or adjourned sessions of
the peace in /^d for the said district, to appoint a surveyor of streets in and for each town
ivithin their respective districts, and to remove such officer so appointed at their will and
pleasure ; and that such surveyor of streets shall, before entering upon bis office, iske An
oalh, in open court before such justices, that he will well and faithfully eittecute the duties
there4»f, and sliall, with two securities lo be approved of by such justice*, enter into «
bond to his Majesty, his heirs and successors, in such sum as to the justices may seem
meetj to account well and truly for all such monies as shall come into his hands by virtue
of his said office ; and whereas it has been found imi^racticable, in towns remote from that
in which the general quarter sessions of the jieaee are holden, to find persons willing ta
undertake the duties of the said office, from the inconvenience attending their taking the odth
of offiee and giving the required security ; for remedy whereof, be it therefore enacted by the
King^most exeeUent Majesty, by and with the advice and consent of the legislative council
and afisen^y of the province of Upper Canada, constituted and assembled by virtue of and
under tlie authority of an act passed in tbe parliament of Great Britain, entitled, ^ An^
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's refc^,
entitled, ^An act for making more effectual )>i*ovision for the government of the provinee
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the samo, That so much of the said recited act aa
requires that the oath of the street surveyors appointed for towns other than those in
inrhich the general quarter sessions of the peace shall be holden, shall be taken in open
court, be, and the same is, hereby repeared.
II. And be it further enacted by the authority aforesaid. That any street surveyor,
appointed under tbe provisions of the said act, for any town in this province, other than
those in wliich the general quarter sessions of the peace shall be holden, shall not proced
to the discharge of the duties of his office, until he shall have* taken and subscribed the
oath of office required by the said act, before any justice of the peace in the district in
which such towns shall be situated, and given security pursuant to the provisions of the
said act.
III. And be it further enacted by the authori^ aforesaid. That the justices of the peace
before whom the said oath shall be taken, and the securities entered into, shall forthwith
transnail the same to the clerk of the peace of the district in which the said surveyor of
streets shall be appointed.
P)Deatt1>l«.
401 Geo.
ted.
IV, c 9,
So much of 4th Geo.
IV, e 9, repealed, m
reqiMret tlie oeih «l^
•treet Murreyon fog
towAg to he taken itt
open eout, except is
respeetfl tbote towns in
which the cout if hoi*
Street •urreron fetf
towns in wnieh the
qnnrter seMiODs is not
holden, shall take the
oeth of office before k
justice of the peace for
the district; and girt
security.
Oath and aecilrity tobe
tiansmitted totlie clerk
of the peace.
Digitized by
Google
m
C. 15, 16.— EiGHTk YxAB or Gxobgs IV.— 1827.
[Third SsBSiw,
ted for .
the •reetioB of a
Conwall, in the Ee«t-
•mdiirtriet
C8eelitWil.iy, e5.)
A Mjoritjof the com-
mistknien ■hall deeide
is ell aetten intneted
Thelmildhigi thaU he
hnU OB the ■He of the
fonnergaol end eourt
Anthoritjto imUe £4,-
OOOhrloeB. onthe ere-
dit ofthe dutrietfuads.
Tneewer to gire hi*
head for the mSdo.
Not lest thai JBSOO
•hen he euiBallT appli-
ed towards cxtmguisb-
fi^tfaedebt
Am addittoMl nde of
one half peuiT in the
aUowed to
pooiid I
rnqtosed
rnqtosed for the pnipo-
■ei ef this aet, if found
to he neeeiaary.
(flee 11th Geo. IV, e
W, and lit WU. lY, e
Chapter XV.
An act toprmide/ar the erection of a gaol and court home in the Eastern dMrict.
[PasMd Febrwty 17, 1887.]
Whsrsas the gaol and court house for the Eastern district have been recently destroyed
by fire, and it is necessary to provide for the safe custody of prisoners, and the aceom-
modatioh of the severid courts of justice ; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legblative cooncfl and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, "An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the pnmaee
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same, That Donald McDonell, esquire,
sheriff of the said district, James Pringle, esquire, and Noah Dickenson, esquire, shall
be commissioners for the purpose of superintending the erection of a gaol and court house
in the town of Cornwall, in and for the said district.
II. And be it further enacted by the authority aforesaid. That a majority of the said
commissioners shall decide in all matters relating to the erection and completion of the
said gaol and court house : Provided, nevertheless. That the said gaol and court house
shall not be erected on any other site than that on which the original gaol and court house
for the said district was erected.
III. And be it further enacted by the authority aforesaid, That the said ccnnmisaioners
so to be appointed as aforesaid shall have power to raise by loan, at a rate of interest not
exceeding six per cent, from such person or persons, bodies politic or corporate, as may
be willing to lend the aame on the credit of the district, a sum of money not exceeding
four thousand pounds, to' be applied for the purposes hereinbefore mentioned, and not
otherwise ; and the treasurer of the district, for the lime being, shall enter into a bond to
the person or persons, bodies politic or corporate, from whom the same may be loaned, '
for the due payment of the said sum of money and the interest thereon, at such tune and
times as may be a0*eed upon, and such bond shall constitute a debt and cfiar^, binding
upon the treasury, but not upon the said treasurer in his individual and personal capacity.
IV. And be it further enacted by the authority aforesaid. That the treasurer of the
said district shall annually, until the said loan shall be paid and discharged with interest,
apply towards the payment thereof, not less than three hundred pounds, from and out of
the rates and assessments of the said district.
V. And be it further enacted by the authority aforesaid, That in case the commission-
ers for the building of the said gaol and court house, shall not, within three months from
the passine of this act, be enabled to effect or obtain a loan for the said sum of four thou-
sand pounds, to be repaid in manner aforesaid, then and in such case it shall and may be
lawful for the magistrates of the said district, in general sessions assembled, to levy by
assessment, to be made on each and every inhabitant householder in the said district, in
the same manner and form as by law any assessment may now or hereafter be levied
for any public purposes in the said district, annually, for such term of years as may be
necessary to repay the said suni of money and interest, and no longer, an additional rste,
not exceeding one half penny in the pound, to be applied for the purposes hereinbefore
mentioned, and not otherwise.
Chapter XVI.
An act granting to Chauncey Beadle the exclusive privilege of establishing and running
a line of public stages between the viUage of Ancastery in the Gore district, and the
town of Sandwich, in tRe Western district,
[Passed Febroaiy 17, 18270
Whsrsas it is desirable for the accommodation of his Majesty's subjects, travelling
from the village of Ancaster, in the Gore district, to the town of Sandwich, in the Western
district, that a public stage or conveyance by land carriage, from Ancaster aforesaid,
passing through the village of Brantford, in the said Gore district, by the present high
road, through Burford, Oxford, and the tract of land called the Long Woods, crossing the
river Thames at Delawiire, to Sandwich aforesaid ; and whereas it would greatly conduce
to the general interests of the province, to afford an inducement by particular encourage-
ment to the establishment of such a line of public stages at an earlier period than the
state of the roads and settlements, through which such stages must pass, would otherwise
admit; and whereas Chauncey Beadle, of St. Catharines, in the Niagara district, is willing
to establish and support a line of public stages upon the above route, as hereinafter spe-
Digitized by VnOOy It:
'UnSTH PARJLIAMSBrr.]
C. 16.— Eighth Ybar of Gsoros IV.— 1827.
4S8
yeai
dhii
cified, provided the exclusive right of a public stage, upon such route, shall be secured to
him, his executors, administrators, and assigns, for the period of twenty-one years ; be it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of 'Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the pailiament of Great
Britain, entitled, '^ An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's reign, entitled, ^ An act for making more effectual provision for the govern-
ment of the province of Quebec, in North America, and to make further provision for
the government of the said province,' " and by the authority of the same, That if the
said Chauncey Beadle, his executors, administrators, or assigns, do and shall, at or before
the exj[uration of one year from the firsrt day of July next, establish aland conveyance, or
line of public st^es, for the conveyance of travellers, from AncasCer aforesaid to Sand-
wich aforesaid, and from Sandwich to Ancaster, by the route aforesaid, and do and shall,
from thenceforth, furnish safe, convenient, and comfortable covered carriages, with springs,
during aU seasons whan cairiages shall be required, and also safe, commodious, and com*
fortable sleighs, when requisite, for the accommodation of the passengers, and shall and
do also furnish and provide good horses, with proper relays at convenient distances, and
also, careful, experienced, and civil drivers ; and do and shall run such stages from thence-
forward, at all seasons of the year, with regularity and diligence, leaving each of the said
extreme points of departure, Ancaster and Sandwich, at least once in each week, at a
stated day and from a stated place, and perform the whole journey from Ancaster to Sand-
MTich, and from Sandwich to Ancaster, alternately, by the route aforesaid, within the
^^pace of four days each time, unless prevented by inevitable accidents or unavoidable
delays ; and shall not exact from each grow^n passenger, with thirty pounds weight of
l>aggage, a greater price than three pence currency per mile, for each mile he may be
conveyed by such stage, nor exact from each child under twelve years of age, with half
the quantity of baggage, more than half the said price or fare of three pence per mile, nor
aaj thing for infants under two years of age ; then and in such case and so long, not exceed-
ing the period of twenty-one years from the day of the passing of this act, as such line of
public stages shall be maintained, and be properly conducted according to the purport,
true intent, and meaning of this act, and all the conditions aforesaid be observed and ful-
filled, hut no longer ; it is hereby enacted and declared, that the said Chauncey Beadle,
his executors^ administrators, or assigns, shall and may have and enjoy the exclusive
right, privilege, advantage, and profit, of a line of public stages from Ancaster to Sand-
wich, and from Sandwich to Ancaster, as aforesaid, by the route aforesaid, and that it shall
not be lawful for any other person or persons whatsoever, so long as the privileges hereby
granted shall continue by the terms and provisions of this act, to establish, maintain, run,
or keep any public stage, or line of stages, from Ancaster to Sandwich, or from Sandwich
to Ancaster, aforesaid, or upon any part of the route aforesaid ; and that any pei*son or
persons establishing, maintaining, running, or keeping any public stage, contrary to this
act, shall be liable to be prosecuted by the said Chauncey Beadle, his executors, adminis-
trators, or assigns, and he or they shall be entitled to recover from any person or persons
infringing the provisions of this act as aforesaid : Provided always, nevertheless. That
nothing herein contained shall extend, or be construed to extend, to prohibit or prevent
any person travelling the whole or any part of the aforesaid route in any private carriage
or conveyance, whether owned by the party or hired for the purpose of travelling therein^
II. And be it further enacted by the authority aforesaid. That none of the privileges
hereby granted to the said Chauncey Beadle, his executors, administrators, or assigns,
shall be enjoyed by him or them, unless the said line of stages shall be by him or them esta-
blished and in operation within the period of one and a half years from the passing of this
act, nor for a longer period than twenty-one years from the passing hereof; and that unless
the said line of stages shall, from their first establishment, continually to the end of the said
period of twenty-one years, be maintained and kept in regular operation, according to the
true intent and meaning of this act, then and in such case, and in default thereof, the privileges
hereby granted shall cease and determine to all intents and purposes whatsoever : Provided
always, That no casual suspension of the running of the said stages for a period not exceeding
at one time two weeks, owing to inevitable accidents or unavoidable obstacles, shall be con-
strued or considered as cancelling, repealingor making void the said privileges hereby granted.
III. And be it further enacted by the authority aforesaid, That if at any time or times
during the continuance of this act, it shall appear that the conditions u|X)n which the
privileges aforesaid are by this act granted to the said Chauncey Beadle, his executors,
administrators, and assigns, or any of the said conditions shall be disregarded or not be
complied with, or if it shall appear that any of the privileges hereby granted, have been
or are abused or misapplied, or that the regular and convenient public accommodation
hereby contemplated, shall not be provided and furnished according to the purport, true
intent, and meaning of this act, it shall and may be lawful foi the parliament of this pro-
57
Digitized by
Ch«Tuicey Boadle and
hia assigns to hare an
ijxelusive privilege of
ituuuiig a public stace
from Ancaster to Sand-
wich for twentyH^ne
ean> on certain eon-
ioaa.
Periods of departtire.
Time occupied on tlie
route.
Baggage.
Rates of fare.
Risht to be enjoyed
only so long as aU the
conditions are obserr*
ed.
Persons may hire 6af-'
riages for their own
use.
Stage shall coroinencc
ling within a year
Casual detenUent.
,. if 'the privi-
leges hereby given
"be abused.
Remedy,
leges
shall 1
Google
464
C. I7.---E1GHTH YfeAR OF Gbomb IV.— 1827.
[Thisd Ssflsioir,
vince, by any future act or acts, as oocanon may require, to repeal, alter, or amend tUs
act, as shall seem expedient and just, and to the furtherance of the publie good ; and it is
hereby expressly declared that the privileges hereinbefore mentioned are granted to the
said Chauncey Beadle, his executors, administrators, and assigns, upon this expreas con-
dition, and not otherwise.
Preamble.
(See4thGeo.IV,el7:
6th Geo. IV, c 2; 7th
Gco.iy, el9;7thGeo.
IV,c2D; 8th Geo. IV,
c 2: 8th Geo. IV, c 17;
]0thGeo.IV,c9;nth
Geo. IV,cll;l8tWU.
IV,cl8.)
£50,000 pttblie stoek
nmy be taken in the
Welbmd canal compa-
ny.
Stock shall not be sab-
fcribed, onlesi the
company shall agree
to allow Interest upon
the amomit paid in,
until the expiration of
one year fron& the com-
pletion of the whole
Such interest to be
hereafter adjusted in
account.
Bond to-be given ibr
payment of snch int^
rest
Ooreinment may tnms-
fer the stock, but not
for a price below its
nominal Taloe.
AppUcatiim of interest.
Chapter XVII.
An act for affording jnAlic aid towards the completion of the Welland eamoL
CFtased Fehnaty D; JSV.J
Whereas it is necessary to afford public aid in furtherance of the great undertaking
now in progress for uniting the waters of lakes Erie and Ontario by a canal, nayigalile
for such vessels as are ordinarily used for transport on the lakes; be it iberefoie
enacted by the King's most excellent Majesty, by and with the advice and consent ef the
legislative council and assembly of the province of Upper Canada, constituted and asaem-
bled by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the govemment
of the province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same, That at any time before
the first day of April next, it shall be in the power of the governor, lieutenant goTernor,
or person administering the government of this province, to direct his Majesty's receiver
general to subscribe stock in the Weliand canal company to the amount of fifty thousand
pounds ; which stock shall from thenceforth be held as, and deemed to be, public stock,
and that the government of this province shall, as the holders of such stodt, be subject
to the same conditions and have the same powers, advantages, and privileges, as other
stockholders in the said company.
II. And whereas it will afford great relief to the said company to be enaUed to avail
themselves of the whole funds thus subscribed by the government, without the delay of
calling in instalments, and such advance will further enable the said company to resume
and continue their operations without the necessity of exacting from individual stock-
holders such rapid advances of capital as they have hitherto, at great inconvenience, been
compelled to furnish ; and whereas it is reasonable that, in consideration of such facility
to be afforded to the company, the government should be relieved from the immediate
payment of interest on the sum to be advanced by them ; be it therefore enacted by tfie
authority aforesaid, That before such sum of fifty thousand pounds shall be advanced by
the government to the said company, a written assent, under the seal of the said compaoiy,
shall be deposited with his Majesty's receiver general, for the time being, signifying that
they are willing to accept the said subscription of stock and the payment of the same in
full, upon the condition that the said company shall pay to the government, half yearly,
the interest upon the said sum of fifty thousand pounds, from the time of the same being
advanced, until the expiration of one year firom and after the completion of the Welland
canal from Grand river to lake Ontario : Provided always, nevertheless. That so soon as
the proceeds of the said canal shall afford to the company a clear dividend of six per
centum upon the capital advanced, such interest so paid to the government shall be equi-
tably adjusted, as between the government and the other stockholders, in any divid^ids
to be thereafter made.
III. And be it further enacted by the authority aforesaid. That the Welland canad com-
pany shall, befoiiB receiving the payment of the stock to be taken under the audiority of
this act, deposit with his Majesty's receiver general a bond, under their Seal, in the penalty
of twenty thousand pounds, binding themselves to pay annually to his Majesty 4he legal
interest upon such payment, until the expiration of one year after the whole canal shall
be finisHed.
IV. And be it further enacted by the authority aforesaid, That it shall be in the power
of the governor, lieutenant governor, or person administering the government of this
province, at any time, in his discretion, to direct the receiver general, for the time bein^,
to sell and transfer the stock so subscribed, or any portion thereof, so soon as its nominal
value can be obtained, and that the sum to be received for the same shall be paid to snd
remain in the hands of his Majesty's receiver general, for the time being, subject to the
disposition of the legislature thereof.
V. And be it further enacted by the authority aforesaid, That the interest to be paid
by the said company within the period aforesaid, shall be applicable by his Majesty's
receiver general to the payment of interest on anv loan that may be contracted by the
government for the purposes of this act, and that all such payments and dividends as may
Digitized by VrjiJOV IC
Nnm PASUAMEirr.]
C. 17.— EroHTH Ykab of Gbmoe IV.— 1827.
thereafter be paid to the goTernment) on account of the said stock, shall and may be ap-
plicable to the public uses of this province, as the legislature thereof may direct.
VI. And be it further enacted by the authority aforesaid, Tliat the sum of money herein
authorized to be raised by loan and paid on account of stock to be held in the said com-
pany, shall not be subject to any deduction of poundage for the receiver general of this
province.
VII. And whereas, to provide for the payment of the stock to be subscribed as afore-
said, it is necessary to authorize the raising upon debenture, the sum of fifty thousand
pounds, in manner hereinafter mentioned; be it therefore enacted by the authority
aforesaid. That from and after the passing of this act, it shall and may be lawful for the
governor, lieutenant governor, or person administering the government of this province,
to authcfiee and direct his Majesty^s receiver general of this province, to raise by loan,
at a rate of aiterest not exceeding six pounds per centum, and as much lower as can be
obtained from any person or persons, bodies corporate or politic, who may be willing to
advance the same upon the credit of the government bills or debentures, authorized to be
issued as hereinafter mentioned, such sum, not exceeding in the whole fifty thousand
pounds, as may be required for the purposes of this act.
VIII. And be it further enacted by the authority aforesaid, That it shall and may be
lawivl for the receiver general, for the time being, to cause or direct any number of de-
bentures to be made out for such sum or sums of money, not exceeding in the whole the
said sum of fifty thousand pounds, as any person or persons, bodies corporate or politic,
shall agree to advance on the credit of the said debentures, which debentures shall be
prepared and made out in such method and form as his Majesty's receiver general shall
think most safe and convenient, and shall be signed by him ; and that for each loan or
advanee, ikree several debentures shall issue at the same time, bearing date on the day on
wbieb ibe same shall be actually issued, and being each for the payment of one third of
the sum so advanced, at the expiratiop of periods not shorter than two, four, and six years
respectively, with interest according to the rate at which such loan shall be negotiated,
from the date of such debenture until the same shall be discharged.
IX. And be it further enacted by the authority aforesaid, That all such debentures,
with the interest thereon, and all charges incident to or attending the same, shall be, and
are hereby charged and chargeable upon, and shall be repaid ana borne out of the monies
thai shall come into the hands of the receiver general, to and for the public uses of this
provinoe, aotd at the disposal of the legislature thereof.
X. And be it further enacted by the authority aforesaid. That the loan authorized by
this act shall be contracted for upon the express condition, that at any time either before
or after the said debentures, or any of them, which are by this act cUrected to be issued,
shall beeome due, acccHxIing to the terms thereof, it shall and may be lawful for the
governor, lieutenant governor, or person administering the government of this province,
tt he shall think proper so to do, to direct a notice to be inserted in the Upper Canada
Graxette, requiring all holders of the said debentures to present the same for payment ;
and if, after inserticm of the said notice for three months, any debenture shall remain out
more than six months from the first publication of such notice, all interest on such deben-
tures, after the expiration of the said six months, shall cease, and be no further payable,
in respect to the time which may elapse between the expiration of the said six months
and tbdr presentment for payment.
XL And be it further enacted by the authority aforesaid. That all and every the provi-
sions contained in a certain act of the parliament of this province passed in the seventh
year of his Majesty's reign, entitled, ^' An act to authorize the government to borrow a
certain sum of money upon debenture, to be loaned to the Welland canal company,"
respecting the debentures authorized by the said act passing current with certain public
aecooBtanls, the payment of interest upon the same by such accountants, and the suspen-
sion of interest in certain cases, the submitting to the legislature accounts of such
debentures, and the interest paid thereon and the expenses attending the same, the
payment of interest to holders of such debentures, the remuneration to the receiver gene-
ral for the services required by the said act, paying off and cancelling the said debentures,
and also the provision made in the seventh section of the said act, for punishing the
forging of any .debenture thereby authorized to be issued, or of any matter or thing rela-
ting thereto, or the knowingly uttering any such forged debenture, or other matter as
aforesaid, shall apply to, and be in force in respect to the debentures which shall be issued
according to this act.
46^
Nodeduetimi for per
centage to recemr ge-
neral.
Authority to raise
i:60,000by loan, upon
debenture.
Debentures liow pre-
pared and issued.
sr
wbat fund cbaif;-
Conditions of loan, in
regard to- itt redemp-
General prortsions re-
specting thcdebentnres
to be issued under thia
net
Digitized by
Google
456
C. 18.— Ei&BTH Ybab of Gborok IY.— 18S7.
[Tbxsb Si
Preamble.
rSce l«t Wil IV, c
26, loaning £3,fiQ0 to
the commissioners.)
£8,000 to be raised by
debentoK, and applied
to constructing a har-
bor at the mouth of
Kettle creek, in the
district of London.
Debentures how to be
prepared and issued.
To be redeemahle with-
in twenty years.
Accounts to be render-
ed by the receiver ge-
nerail, forthe informa-
tion of the legislature,
of the debentures is-
sued, payments c in-
terest, &c.
Payment of interest.
Warrants to issue.
Pa3rmeot and cancel-
ling of debeintures.
General provisions re-
specting the deben-
tures to he issued un-
der this act.
Chapter XVIII.
An act to provide for the construction of a harbor at the motUh of Eettte crtek^ in the
London district.
[Passed Febnary 17, 1887.)
Whereas it is expedient and desirable to construct a harbor at the mouth of Ketde
creek, on the shores of lake Erie, in the county pf Middlesex, in the London district, and
for that purpose to provide for the raising of the sum of three thousand pounds by d^en-
ture, and for the appointment of commissioners to contract for and superintend the same;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in theparluunent
of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, * An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province,' " and by the authority of the same,
That it shall and may be lawful for the governor, lieutenant governor, or person adminis-
tering the government of this province, to authorize and direct his Majesty's receiver
general of this province to raise by loan, from any person or persons, bodies corporate or
politic, who may be willing to advance the same upon the credit of the government bilk
or debentures authorized to be issued under this act, a sum of money, not exceeding
three thousand pounds, at a "rate of interest not exceeding six per centum, to make and
complete the said harbor.
II. And be it further enacted by the authority aforesaid, That it shall and may be law-
ful for the receiver general, for the time being, to cause any number of debeatures to be
made out, for any such sum or sums of money, not exceeding in the whole the said sum
of three thousand pounds, at a rate of interest not exceeding six per centum, as any per-
son or persons, bodies politic or corporate, shall agree to advanpe on the credit of the said
debentures, which debentures shall be prepared and made out in such method and fonn
as his Majesty's receiver general shall think most safe and convenient, and that for each
loan or advance, a debenture shall issue, bearing date at the day on which the same shall
be actually issued, conditioned for the payment of the said sum of three thousand pounds,
or such part thereof as may be actually received, and redeemed at a period not exceeding
twenty years, and shall and may be signed by the said receiver general of this province,
for the time being.
III. And be it further enacted by the authority aforesaid. That the receiver general of
this province, for the time being, shall, before each session of the parliament of this pro-
vince, transmit to the governor, lieutenant governor, or person administering the
government of this province, a correct account of the numbers, amount, and dates of the
different debentures which he may have issued under the authority of this act, of the
amount of the debentures redeemed by him, and the interest paid thereon respectively,
and also of the amount of the said debentures outstanding and unredeemed at the periods
aforesaid, and of the expenses attending the issuing of the same, to be laid before Ae
legislature of this province.
IV. And be it further enacted by the authority aforesaid, That the interest growing
due upon the said debentures shall and may be payable in half yearly periods, to be com-
puted from the date thereof, and shall and may be paid on demand by the receiver general
of this province, for the time being, who shall take care to have the same endorsed on
each debenture, at the time of payment thereof, expressing the period up to which the
said interest shall have been paid, and shall take receipts for the same from the persons
respectively ; and that the governor, lieutenant governor, or person administering the
fovernment of this province, shall, after the thirtieth day of June and thirty-first day of
)ecember in each year, issue warrants to the receiver general for the payment of the
amount of interest that shall have been advanced, according to the receipts to be by him
taken as aforesaid.
V. And be it further enacted by the authority aforesaid, That a separate wiurant shall
be made to the receiver general, by the governor, lieutenant governor, or person admi-
nistering the government of this province, for the time being, for the payment of each
debenture, as the same may become due, and be presented in favor of the lawful holder
thereof; and that such debenture^ as shall from time to time be discharged and paid off,
shall be cancelled and made void by the said receiver general.
VI. And be it further enacted by the authority aforesaid, That all and every the pro-
visions contained in a certain act of the parliament of this province passed in the seventh
year of his Majesty's reign, entitled, " An act to authorize the government to borrow a
certain sum of money upon debentures, to be loaned to the Welland canal company,"
respecting the debentures authorized by the said act passing current with certain pubUc
Digitized by VrjiJOV IC
NnrVK PABXtlAMBNT.]
C. 18.— BlOHTH YSAB OF GSOAOS IV.— 18^7.
4S7
Debenture! and inte-
rest chaived upon tlie
proTincuu revenue.
aecounUnts, the payment of interest on the same by such accountants, and the suspension
of interest in certain cases, the subimtting to the legislature accounts of such debentures
snd the interest paid thereon, and the expenses attending the same, the payment of
interest to the holders of such debentures, the remuneration to the receiver general for
the sendees required by the act, the paying o£F and cancelling the said debentures, and
the punishment awarded for foiling any of the said debentures, or for any thing relating Forgery.
thereto, shall aj^ly to, and be in force in respect to the debentures which shall be issued
under the authority of this act.
VIL And be it further enacted by the authority aforesaid, That all such debentures,
ifriXh the interest thereon, and all the charges incident to or attending the same, shall be,
and are hereby charged and chargeable upon, and shall be repaid and borne by and out of
the monies that shall come into the hands of the said receiver general, to and for the *
public uses of this province, and at the disposal of the legislature thereof.
VIII. And be it mrther enacted by the authority aforesaid. That the sum of money n© deduction to be
herein authorized to be raised by loan, shall not be subject to any deduction of poundage ""^^ ^^ poundage to
for the receiver general of this province, any law, usage, or custom, to the contrary not- *^*"**^^«'^««»«^-
withstanding*
IX. And be it further enacted by the authority aforesaid. That at any time after the CidiingmdebeBtiine.
said debentures, or any of them, shall respectively become due, according to the terms
thereof, it shall and may be lawful for the governor, lieutenant governor, or person admi- '
nisteribg the government of this province, if he thinks proper so to do, to direct a notice
to be inserted in the Upper Canada Gazette, requiring all holders of said debentures to
present the same for payment, according to this act ; and if, after the insertion of the said
notice for three months, any debentures then payable shall remain out more than six
months from the first publication of such notice, all interest on such debentures, after the
expiration of the said six months, shall cease, and be no further payable, in respect of the
time which may elapse between the expiration of the said six months and their presentp-
ment for payment.
X. And be it further enacted by the authority aforesaid, That so soon after the passing Commisuonen to be
of this act as he may deem proper, it shall and may be lawful for the governor, lieutenant JStolctf, u^ ml^
governor, or person administering the government of this province, from time to time, to tending the woik.
nominate and appoint, under his seal at arms, not more than five commissioners, any three
of whom ishall be a quorum, who may appoint two of their body to be a president and
d vice president, one of whom shall preside at all meetings of the board ; which commis-
sioners' duty it shall be to contract with such person or persons as shall, after public
notice being given for that purpose, undertake to make the said harbor, and all works
therewith connected, or any part thereof, at the cheapest and lowest rate, in the shortest
time, and most convenient terms, and giving security to the satisfaction of the said com- Contnctors to give te-
missioners, or a majority of them, for the due performance of the contract to be entered ^^^^J-
into for that purpose, and shall and may do and perform all and whatsoever act and acts,
thing and things, which are necessary and proper to carry the intention of this act into
full effect, and shall report to the governor, lieutenant covemor. or person administeripg Report to be mede once
4\.^ A i» xi-' • • -.1. A-L J • ?i 1" xi 1® in three months of the
toe government of this province, once in three months, dunng the progress of the work, progress of Oie work,
all matters by them done or performed by virtue of the authority so vested in them, to
be laid before the legislature at its next meeting.
XI. And be it further enacted by the authority aforesaid, That so soon as the said
harbor shall be completed, it shall and may be lawful for the governor, lieutenant governor,
or person administering the government of the province, to nominate and appoint a careful
and discreet person to collect the toll and dues imposed by this act, who shall account to
his Majesty's inspector general of ^this province, on the thirtieth day of June and the
thirty-first day of December in each and every year ; which account shall be rendered in
detail on joath, and specify the number of barrels, packages, and all other articles passing
through the said harbor, together with the number of vessels, boats, and other craft, with
their respective tonnaee, in or upon which the same shall be laden, and every other source
from which the same has arisen, and shall retain to his own use five per cent, on all monies
to be collected and paid by him.
XII. And be it further enacted by the authority aforesaid, that the toll and dues men-
tioned in the following schedule, and no other, shall be exacted and paid on all goods,
wariBS, merchandize, produce, lumber, vessels, boats, raft, or craft, previous to their pass-
ing through or into the said harbor ; and the said money so to be raised and collected
shall be paid by the said collector into the hands of the receiver general of this province,
to be by him appUed to and for the redemption of the said debentures, and the interest
thereon annually accruing.
XIII. And be it further enacted by the authority aforesaid, That it shall and may be Warrants to be
lawful for the governor, lieutenant governor, or person administering the government of iiJliS^ft^^e^'MSiiies
this province, from time to time, during the continuation of this act, to issue his warrants granted bythu net.
Digitized by VnUOQlC
Toll keeper to
pointed.
be ap-
To aceonnt to the in-
speetor general on oath.
Remuneration.
Tolls authorized to be
paid to the receirer
general.
410
C. 19.-^Eiovm Yuui OF QmmoM IV.— 1827.
(Tmn
Monies 1m»w to be ptid
•ad aoeowited for.
LiautsoTtlie harbor.
to
pajwiMltftfietBBe.
Svnrey aiM
to be made before
eoauniMionen are i^
pointed.
Itaftes oTteSI.
No retnm Ifllli to be
eharged.
to die leoeiv^r ^dDertl of thifl prorkiee in favor of the Bsid cominiBBtoiierB) for msuth Bom
or 9111II0 of money) not ezoeedmg three thousand pounds, to enrivle them to cany the
CoviBtona of this act into effect, which auma shall be paid out of any mwiea whiofa may
va been advanced to him upon debentures, by virtoe of this aot»
XIV. And be it further enacted by the authority aforesaid. That all monies required to
be paid by the authority of this act, shall be paid by the receiver general, in diaehaii^e o{
such wairant or warrants, as shall for that purpose be issued by the governor, lieiiteiiaQt
irovemor, or person administering the government of this province, and shall be aeeoutttod
or to his Ma|esty through the lords commissioners of his treasury, for the time being, in
such manner and form as his Migesty, his heirs and successors, shall be graeiooaly piraied
to direct.
XV. And be it further enacted by the authority aforesaid. That the liaoits of the said
harbor shall extend from the centre of the mouth of the said creek, half a milr east and
west, along the shores of the said lake.
XVI. ^d be it further enacted by the authority aforesaid. That if any person or per*
sons shall neglect or refuse to pay the tolb or dues to be collected under diis act) it sfaaB
and may be lawful for the collector, to be appointed to receive such tolls or does, to seise
and detain such vessel or boat, or the goods on which the same were due and payable,
until such dues and tolls shall be paid ; and if the same shall remain unpaid for tbe space
of thirty days after such seizure, the said collector shall be at liberty to sell and dispose
ef the same, or such part thereof as may be necessary to pay the said toll or does, by
{aUic auction, after ten days' public notice*
* XYII. And be it further enacted by the authority aforesaid, Tliat before any eomBU»-
aioners shedl be appointed^ or other measures taken in pursuance of this act, a survey
shall be made by a competent civil engineer, employed for that purpose by the governor,
lieutenant governor, or person administering the government, and estimates made by such
engiiieer in detail of the expense of completing the said work ; and that unless it sbaU
satisfactorily appear, upon the report of such engineer, that the whole work can be com-
pleted for a sum not exceeding three thousand pounds, no further measures shall betaken
uader tbe provinons of this act.
XYIIL And be it further enacted by the authority aforesaid. That die tcdls or dues to
be oollected at the mouth of KetUe creek aforesaid, as soon as the intended pier or Iweak-
wator shall be so far completed as to afford daeitor for vessels, shall be in aoedrdanee widi
&e following scale :
Pot and pearl ashes, per barrel, one sUiling.
Sah, polk, whiskey, or oil, per barrel,*8even paice half penny.
Flour, per barrel, six p^dce.
Ditto per ewt. three penoe.
Lard and butter, i»er keg, live pence.
Simr, per ewt five pence.
H(m1ow ware, per ewt. seven pence half penny.
Boards and lumber, per thousand feet, of- board measurement, one shilling and three
pence.
BcMits, under twelve tons, two shillings and six pence.
Boats and vessels, from twelve tons and upwards, per ton measurement, two pence half-
penny.
Wheat, per sixty pounds, two penoe.
AH other articles not enumerated to pay in proportion to the above rates, subject to the
Section of the said commissioners appointed by virtue of this act : Provided, neverthe-
less. That any boat, vessel, or craft, entering ihe said harbor, shall be at liberty to pass
and return through the same on payment of tbe toll (»- dues herein i^xKsified, aad such
toll shall not be exacted more than once for such passing and return.
(8oe7UiGt(D.IV,c81;
nth Geo. IV, c 12;
llthGeo. IV,c2r.)
Preamble.
Cbapter XIX.
An act to provide for a further survey of the works done at the Burlmgton bcuf cmud^
and cdso to afford further aid to complete the same.
[Passed Febnutfy 17, I8K7.]
Wherbas it appears from the report of the commissioners for the canal at Burlingtou
bay, and the survey of a civil engineer, accompanying the said report, that the said work
cannot be completed with the funds at the disposal of the commissioners, but that a great
additional expenditure will be necessary for that purpose ; and whereas it also appears
that a laiige sum of money has been expended upon the said work, and Uiat from the
nature of the undertaking no public benefit will accrue from such expenditure, if the caaal
Digitized by
Google
Nnm PABi:.iA.MEirr.]
C.:lft~EiOMTR YsAK or Gbobok iy.~18£7.
459
and the wcttto necessary for its protection are left unfiniahed ; and whereas the interests
and convenience of a great portion of the surrounding country, as weU as the general
safety of navigation upon lake Ontario, hold forth strong inducements to persevere in the
work till it is completed, more especially as there are good grounds for believing that the
tolls which the canal will yield will ultimately reimburse whatever advance it may be
necessary to make from the public revenue ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
ass^nUy of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
' An act for making more effectual provision for the government of ttie province of Quebec,
in North America, and to make further provision for the government of the said pro-*
vince,' '^ and by the authority of the same. That from and after the passing of this act, it
shall and may be lawful for the governor, lieutenant governor, or person administering
the government of this province, to procure a minute inspection and particular survey
and report of the work done at the said canal, by two competent civQ engineers ; and if
it shall be ascertained that the portion which has been completed is substantially and
jiidtejously executed, so that it may be properly proceeded in and finished according to the
present design, it shall and may be lawful for the governor, lieutenant governor, or per-
son administering the government of this province, to authorize and direct his Majesty's
receiver general of this province to raise by loan, at a rate of interest not exceeding six
per centum, and as much lower as can be obtained, from any person or persons, bodies
corporate or politic, who may be willing to advance the same upon the credit of the
government bills or debentures, authorized to be issued as hereinafter mentioned, such
sums (not exceeding in the whole eight thousand pounds) as may be required for the
purposes of this act.
II. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for the said receiver general to cause or direct any number of debentures to be made
out for any such sum or sums of money, not exceeding in the whole the said sum of eight
thousand pounds, as any person or persons, bodies politic or corporate, shall agree to
advance on the credit of the said debentures, which- debentures shall be prepared and
made out in such method and form as his Majesty's receiver general shall think most safe
and convenient, and shaU be signed by him ; and that for each loan or advance three
several debentures shall issue at the same time, bearing date on the day on which the
same shall be actually issued, and being each for the payment of one third of the sum so
advanced at the expiration of three, six, and nine years respectively, with interest
according to the rate at which such loan shall be negotiated, from the date of such deben-
ture until the same shaU be discharged.
III. And be it further enacted by the authority aforesaid. That all such debentures, with
the interest thereon, and all charges incident to or attending the same, shall be and are
hereby charged and chargeable upon, and shall be repaid and borne by and out of the
monies that shall come into the hands of the said receiver general, to and for the public
uses of this province, and at the disposal of the legislature thereof.
IV. And be it further enacted by the authority aforesaid, That the loan authorized by
this act shall be contracted for upon the express condition, that at any time either before
or after the said debentures, or any of them, which are by this act directed to be issued,
shall become due, according to the terms thereof, it shall and may be lawful for the gover-
nor, lieutenant governor, or person administering the government of this province, if he
shall think proper so to do, to direct a notice to be inserted in the Upper Canada Gazette,
requiring all holders of the said debentures to present the same for payment, and if after
the insertion of the said notice for three months, any debentures shall remain out more
than six months froin the first publication of such notice, all interest on the said debentures,
after the expiration of the said six months, shall cease, and be no further payable, in respect
to the time which may elapse between the expiration of the said six months and their
presentment for payment.
V. And be it further enacted by the authority aforesaid. That all and every the provi-
sions contained in a certain act of the parliament of this province passed in the seventh
year of his Majesty's reign, entitled, " An act to authorize the government to bwrow a
certain sum of money upon debentures, to be loaned to the Welland canal company,"
respecting the debentures authorized by the said act passing current with certain public
accountants, the payment of interest on the same by such accountants, and the suspension
of interest in certain cases, the submitting to the legislature accounts of such debentures,
and the interest paid thereon, and the expenses attending the same, the payment of interest
to the holders of such debentures, the remuneration to the receiver general for the services
required by the act, the paying off and cancelling the said debentures, and the punishment
awarded for forging any of the said debentures, or for any thing relating thereto, shall
CcrUia stfyeyp and
eatimttei nqiund to
be Huule of the werik in
«t Bndiiiston
progrsMi
A nun not exceeding
jS8,000tobe nitedVy
loan, npon debcn'
for completing
work.
I>ebentnrei how to be
made end ittned.
Debentmcf charged on
IheproTinciali
Debentures
called in
toaj be
•ix
And if not raesenl
intereat ebatl ee
thenceforward to
erne.
ited,
General proTisiona r
peeting oebeaturea.
Forgery.
Digitized by
Google
4W
a 30.— Eighth Yxar or OaoBOx iy.^1887.
[Thibd Sbbsiov,
No dednetiim to be
made for poundage b j
the reeeirer genual.
The goremor to a|»-
point a eookpetent ciril
engineer to lupeiintend
thewoik.
Moniee appriMiriated
bj this aet sittll oe paid
into the bank of Upper
Canada, on aeeoont of
the eommisuonen, and
paid by them to the
eontmctor, upon the
engineer's estimate of
work done.
Estimate of the work
now done to be made
on oath, and also of the
cost of completing the
woik.
Contractor to be remu-
nerated for any excess
ofthat estimate aboye
the snm receired.
I now in the hands
of the commissioners,
to be paid oyer imme-
diately to the contrac-
tor.
Security to be taken
from the contractor,
before further monies
are to be paid for work
* ' r to be done.
Monies paid under this
act, how to be account-
ed for.
apply tOy and be in force in respect to, the debentures which shall be issued under the
authority of ^his act.
YI. And be it further enacted by the authority aforesaid, That the sum of money herein
authorized to be raised by loan, shall not be subject to any deduction of poundage for the
receiver general of this province, any law, usage, or custom, to the contrary notwith-
standing.
YII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the governor, lieutenant governor, or person administering the government of
this province, if the said sum of eight thousand pounds shall be raised as aforesaid, to
appomt a competent civil engineer of established reputation to superintend the said work,
to whom such allowance shall be made for his services as to the governor, lieutenant
governor, or person administering the government of this province, shall seem just
VIII. And be it further enacted by the authority aforesaid. That the said sum of money
to be raised as aforesaid, shall be paid into the bank of Upper Canada, to the account of
the commissioners appointed by law for superintending the said work, upon any warrant
or warrants which may be issued by the governor, lieutenant governor, or person adminis-
tering the government of this province, in favor of the said commissioners, and shall be
paid out monthly, upon the order of any three of the said commissioners, countersigped
by the engineer to be appointed as aforesaid, and upon the estimate of the work done b
each month, as certified by such engineer, and attested by him upon oath, to be a just and
true estimate, to the best of his knowledge and belief; which oath any justice of the peace
is hereby authorized to administer.
IX. And be it further enacted by the authority aforesaid, That the engineers emi^oyed
to survey and inspect the said work as aforesaid, shall make an accurate estimate in detail,
upon oath, of the value of the work which shall have been done at the time of such sur-
vey, as well as of the cost of completing the said canal : and that in estimating the work
already done to the said canal, the engineers to be employed as aforesaid, shall receive
the information of the commissioners heretofore appointed for superintending the said
work, in addition to such other information as may appear to them desirable, and having
reference to the contracts under which the work was done, shall allow for no damage or
accidents, which, according to such contracts, ought in justice to be borne by the con-
tractor ; and that if the said estimate shall exceed the amount of compensation which has
been paid to the person who has contracted for the said work, two thirds of such excess
shall be paid to such person. within one month after it shall be so ascertained, and the
remainder when the canal, and the works and erections appertaining to the same, shall be
completed : Provided nevertheless. That it shall and may be lawful for the commission-
ers, and they are hereby required immediately after the passing of this act, to pay to the
contractor for making the said canal, all such sum and sums of money as are now in their
hands, and applicable to the construction of the said canal.
X. And be it further enacted by the authority aforesaid. That no monies shall be paid
by the commissioners for the said canal, to any contractor employed, (n: to be emplojed
on the same, on account of work remaining to be executed after such survey and esti-
mates shall have been made as aforesaid, until such contractor shall have given a bond to
his Majesty, his heirs and successors, in the sum of two thousand pounds, with good se-
curities, conditioned to reps^ such money to his Majesty, his heirs and successors, in case
the said canal and erections, and work appertaining thereto, shall not be completed in a
sufficient and workmanlike manner, on or before the first day of August, in the year of
our Lord one thousand eight hundred and twenty-eight.
XI. And be it further enacted by the authority aforesaid. That the money paid under
the authority of this act shall be accounted for to his Majesty through the lords commis-
sioners of his Majesty's treasury, in such manner and form as his Majesty shall be pleased
to direct.
Preamble.
Cbapter XX.
An act /or the relief of James RadcUffe.
[Passed Febmaiy 17, 1887.]
Whereas the provisions of an act passed in the seventh year of his Majesty's reign,
entitled, " An act to encourage the progress of useful arts within this province," are con-
fined to the sole inventors of any new and useful art, machine, manufacture, or composition
or matter, not known or used before the application, being subjects of his Majesty, and
inhabitants of this province ; and whereas James Radcliffe, of Niagara, gentleman, claims
to be a co-inventor with one George Deming, a foreigner, of an improved mode of pro-
pelling boats by the application of the power of the steam engine acting on the water
passing through trunks under or through the boat ; and also claims to be a co^proprietor
Digitized by V:jOOQI(:
Nnmi PjoatAttfiNT.]
C. «, ^.— EioHTR Year or OfiOROil: IV.— 18*7.
491
wMi tU said George Demingy the iAyentof of a eertaiti wb^el, capable of gi^eat ptmee
wheninmeraeflin rtnmin^ water witboul bead; and whe^as the said Jatne9 Rsdcltffe
hath liedn at considerable exp^nsoy and hath bestowed gi^at pains and ingenuity in bringing
the said inventions into public notice, and is therefore entitled to public proteetioft i be' it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, * An act for making more effectual provision for the
ijovernment of the province of Quebec, in North America, and to make further provisf6n
or the government of the said province,'" and by the atrthority of the same. That upon j^^m Raddiffe tot>e
the said James Raddiffe substantiating his respective claims aforesaid, to be co-inventor entitled to receiTe pa-
of the first mentioned improvement, and of joint proprietor of the other as aforesaid, in uool ^mvS^
the manner pointed out in the before in part recited act for original inventors, he, the ^||jf^^^^f
said James Radcliffe, shall be entitled to a patent or patents, according to the provisions of """^^ *
the said act, for the said inventions, in the same manner as he would or might be entitled,
ireie he ttie eviginal intentor of the saiid in^provemeots* respectively.
teats for certain inTeii-
by him
one George
foreigner.
Chapter XXT.
An ad to authorize James Atkitison to convey to trustees a lot of land, for purposes
therein mentioned,
[Pasted Febraary 17,1827.]
WHnHtAs J^ame's Atkinson, of the town of jtingsfon, hi (tie township of Kih'gstoh', in
the Midland district, esquire, hath, by petitioA', requested legidlatiVe anthority to convey
a certain piece or parcel of land adjoining the viRage of Watertoa, in the said Midland
district, being part of lot number sixteen, in the third concession of the said township of
Kingston, containing one-fifth of an acre, upon which aH[>rick school house has been
erected, to trustees, for the purpose of having a school taught in the said building ;
be it therefore enacted by the King^s most excellent Majesty, by and with the advice
and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, * An act for-making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' '' and by the authority of the
same, That it shall and may be lawful for the said James Atkinson to convey the said par-
cel of land, by metes and bounds, for the purpose of having a school taught in such
building, to such person or persons as he may think proper ; which person or persons,
and their successors, to be appointed in such manner as may be provided in any such
deed, shall have power and capacity to hold the said estate for the purpose aforesaid, any
bw or statute to the contrary notwithstanding : Provided, nevertheless. That such person
or persons, and their successors as aforesaid, as well as the master and teachers employed
in such school as aforesaid, shall be British subjects.
Preamble.
Jamea Atkiiuon, eiq.
empowered to convey
certain real eitote in
the township of Kingi-
ton, to trusteeaj in per-
petual sucecasion, for
the purpose of a school.
Trastees to be British
subjects.
Preamble.
Chapter XXII.
An act to auiharize the reverend John iPLaurin to convey to the Ottawa disti^t school
trustees a lot of tand^ for the purposes therein mentioned,
[Passed Fcbruan- 17, 1827.]
VVhcreas the reverend John M'Laurin, of the township of Longueil, in the Ottawa
district, hath, by his petition, prayed to be authorized by law to conrey a certain piece of
land in the said township of Longueil, where a stone school house is erected, to the
trustees of the district school of the said Ottawa district, and their successors, for the
use of the said district school forever ; be it therefore enacted by the King's most
excellent Majesty, by and witli the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, * An act for making more eC^ctual provision for the government of the province
of Quebec, in North America, and to make further provision for the government o( the
5»aid province,' " and by the authority of the same, That it shall and may be lawful for ^^^ ^^^^ m i.aurm
the said John M'Laurin, by deed, under his hand and seal, to convey the said piece ^^r^-j •'?«***^!l**^4VW^(J
Rev. John M*Laurai
46S C. 23j 24, 25.— Eighth Year of Georos IV.— 1827. [TRniD Snsiov,
eertuA fmI «^^^ parcel of land, to be described by metes and bounds, and to contain not more than one
the tnutMt^ ^ jge ^^^ ^ ^^^ trustees of the district school of the Ottawa district, and their successora, to
^^' f^VSiJ" ^^ be beld by ^^^ said trustees and their successors, to and for the use of the said distriet
d«tnctof Ottawa. gchool forever.
Cliapter XXIII.
An act granting a sum of money to aid in the erection of a bridge acrosa the Otanibe
river J in the district of NewcaMe.
[GnmUng jBlOO for that parpoM.]
Chapter XXIV.
An act to make good certain monies advanced by his excellency the lieutenant gooemory
pursuant to the addresses of the house of assembly at the last session of parUpmenl.
[Gnmtiqg £8,178 Sn. lid. to meet the like sum adFaneed to pay the contingent expenaes oT the legiafattore in the tttum
of 1826, ana to defiraj the expenses of a surrey of the 8t. Lawrence.]
• Chapter XXV.
An act for granting to his Majesty a supply for the support of the cioil government for
the year one thousand eight hundred and twenty-seven.
[Granting jg7,470 towards the support of the ciyil a errice, for the year 1827.]
Digiti
zed by Google
Fourth SessiMi of the ninth Provincial Parliament.
MET AT YORK, ON THE FIFTEENTH DAT OF JANUART) 182B, AND PROROGUED ON THE TWENTF-
FIPTH DAT OF MARCH, IN THE NINTH TEAR OF THE REIGN OF
GEORGE IV.
8IR PEREGRINE BfAITLAND, K. C B., LIEUTENANT GOVERNOR.
Antto DontiiU 18JI8*
Chapter I.
An act to limit to a certain period the proceedings under an act of the parliament of this
province passed in the fifty-fourth year of his late Majesty^ s reign^ entitled, " An act to
declare certain persons therein describedy alienSyand to vest their estates in his Majesty j
and to afford Jurther facilities to claimants of estates forfeited under the said acty in cer-
tain casesJ^
[Fused March 26, 1828]
Whsrsas it is expedient that the proceedings under a certain act of the parliament of
this province, entitled, ^^ An act to declare certain persons therein described, aliens, and
to vest their estates in his Majesty," should after a limited period be closed, and that certain
facilities should be afforded to claimants of estates forfeited under the said act ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, '' An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
of tlie province of Quebec, in North. America, and to make further provision for the
government of the said province,' " and by the authority of the same, That from and
after the first day of July next, no commission shall issue under the authority of that act,
except such as may be necessary for rectifying any error or errors in the proceeding under
whicn any estate has been returned as forfeited.
II. And be it further enacted by the authority aforesaid, That it shall and may be com-
petent to the commissioners for forfeited estates to receive claims to real estate which has
been returned as forfeited at any time before such estate has been actually sold, provided
such claim shall appear to them to be well founded ; and to decide thereupon in the same
manner as if such claim had been made within the period heretofore prescribed by law,
and that the award thereupon in favor of such claimant shall have the legal e£(ect of
diverting the title to such estate out of the commissioners, and vesting the same in such
claimant, according to the nature and degree of the estate awarded.
III. And be it further enacted by the authority aforesaid. That in all'cases in which it
shaU come to the knowledge of the commissioners for forfeited estates, after sale has been
made under their direction of any real estate as forfeited, that by reason of any error
which has taken place in the proceedings relative to the forfeiture, or in any subsequent
proceedings, such real estate, or any part thereof, has been improperly returned as for-
feited, and when the purchaser of such estate, or his assigns, shall be willing to receive
from the commissioners the return of the purchase money, and legal interest thereon,
which they are hereby authorized to pay, and shall surrender to such commissioners the
title to such estate, it shall and may be lawful for such commissioners, by deed executed
by them in the same manner as they are at present authorized to execute conveyances,
to transfer such real estate, whiqh has been erroneously vested in them, to the person or
persons who shall establish before them a legal claim to the same.
IV. And be it further enacted by the authority aforesaid, That nothing contained in this
act shall extend to deprive any party of his right to traverse, or to limit the period for
filing the same as now authorized by law.
PreunUe.
No
IMth Geo. Ill, e 9, to
iatne afUr Itt Jvfy next
CbUnu to real estate
nay be reeeired at any
time befon tale.
ProTiaioB forenaUiBg
tlie eommiiaioiien to
reetify emn in certain
cases, notwithstanding
the estate may hire
been sold.
Purchaser's consent to
be first obtained.
Return of pnrehase mo-
ney.
Saving of right to tra-
verse.
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4M
C. 8, S.— Ninth Ybab or Obobos IV.— 1888.
[Fonj
rveamble.
ProTU»OB ID behalf of
certain Rli|;ions socie-
ties; allowing; landa to
be held for their nae by
trustees and their suc-
cessors in perpetual
SQCcesiiop. .
No one eoDgrc^tion
•hall hold more than
five acres.
Trust deeda to be re-
gistered.
ConveyaEces hereto-
fore made for the pni^
poses of this act made
Talid.
Registry.
Chapter II.
An act for the relief of the religious societies therein mentioned.
[Passed March 25, 1828.]
Whereas religious societies of various denominations of Christians find difficulty in
securing the title of land requisite for the site of a church, meeting house, or" chapel, or
burying ground, for want of a corporate capacity to take and hold the same in perpetual
succession ; and whereas it is expedient to provide some safe and adequate reUef in such
cases ; be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, *An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That whenever any religious congregation or society of Presbyterians, Lu-
therans, Calvinists, Methodists, Congregationalists, Independents, Anabaptists, Quakers,
Menonists, Tunkers, or Moravians, shall have an occasion to take a conveyance qf land
for any of the uses aforesaid, it shall and may be lawful for them to appoint trustees, to
whom and their successors to be appointed in such manner as shall be specified in (he
deed, the land requisite for all or any of the purposes aforesaid miay be conveyed ; and
such trustees, and their successors in perpetual succession, by the name expressed in such
deed, shall be capable of taking, holding, and possessing such land, and of commencing
and maintaining any action or actions in law or equity for the protection ther^^^ ^^ ^^
their right thereto.
II. And be it further enacted by the authority aforesaid, That there shall not be held
in trust for the purposes aforesaid more than five acres of land for any one congregation.
III. And be it further ena^^ted by the authority aforesaid. That such trustees shall,
within twelve months after the execution of such deed, cause the same to be registered
in the office of the register of the county in which the land lies.
IV. And be it further enacted by the authority aforesaid, That all conveyances made
before the passing of tliis act, for all or any of the purposes aforesaid, shall be good and
valid in law, in like manner as if the same had been made after the pacing of this act,
and subject to the provisions of this act ; proyided such conveyance shall have been
aUeady registered, or shall be hereafter registered as aforesaid, within twelve months
after the passing of this act.
{See 59th Geo. UL c
7; 6th Geo. IV, after
c6.)
Pieamble.
Persona mi^, in eertaan
cases, pay to the trea*
surer of the district in
which they reside, tax-
es npon lands situate in
other districts.
Receipts ih be given.
Additinniil coiftpensa-
tioD to'^thc. treasurer in
such cases. ' t
Chaqpter III.
An<tctto nmend the assessment laws of this province.
[Passed Blareh fS^ ISSS.]
Whbrsas it is expedient to enable persons holding lands in the several districts ^this
province to pay the rates and taxes on the sair:e to the treasurer of the district in which
they may reside ; be it therefore enacted by the King^s most excellent Majesty, hy and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making
more effectual provision for the government of the province of Quebec, in North Ame*
'>ica, and to make further provision for the government of the said province,* " and by
the authority of the same, That from and after the passing of this act, it shall and may he
lawful, in certain cases, for any person or persons nolding or owning lands in any district
of this province, which are not returned on the assessment roll of any township or place
therein, to pay the rates on such lands to the tioa?urer of the district in which he, she,
or tfcey, or their agent or agents, may reside ; and the treasurer who may receive such
rates s}iall^ and he is hereby required, on being requested so to do, to give a receipt for
the same^^^speeifying the amount paid, the period for which it is paid, the lot or parcel of
hmd Oft >vhrcn the same is paid, and the concession and township in which such land is
situated, and also Jhc time or date of such payment : Provided always, That in all cases
when the rates as l^Wesaid shall be paid by virtue of this act to the treasurer of another
district than that in'-^ich the land on which such rates are paid is situate, the person so
paying the rates shall at the same time pay to such treasurer a sum equal to five per cent
on said rates, in addition to such rates, which per centage shall be retained by such tre»»
surer as a compensation for the duties imposed upon him by this act. ^>> t
Digitized byVnOOQlC
PMUAlOBirT.]
C. 3 — NnrxH Ysah ojr Gbmm IV.---ieS8.
4»
II. Afid be it further enacted by the authority aforesaid, Hiat it shall be the duty of
the treasurer of any district receiving rates and assessments under this act, on any had
noi 0ituated in his district, to keep an exact and accurate account of the monies which he
shall receive for each district separately, stating the lots, parcels, or tracts of land on
w^hieh the same may be paid, and the ccmcessions and townships in which they may be
situated, and the period for which such rates are paid, and also the time or date of such
payments ; a copy of which account, verified upon oath, he shall transmit annually, on
the first day of July, to the treasurer of the district in which the lands may be situated,
and he shall at the same time transmit the amount of taxes, rates, or assessments, which
he may have received under the provisions of this act.
III. And be it further enacted by the authority aforesaid. That the treasurer of any
district, on receiving money from the treasurer of any other district, shall forthwith credit
the several lots or parcels of land, specified in the schedule accompanying the money,
with the amount mentioned in such schedule to be paid thereon, and sh^i, within ten
days aXter the same shall have been received, transmit to the treasurer from whom the
same may have been received, a receipt for the amount, specifying the lots, parcels, or
tractB of land on which such rates or taxes are paid, the amount paid on each particular
lot or parcel of land, the periods for which the same are paid, and the concessions, town*>
ships, :md districts, in which the lands are situated, and the time or date of the several
payments, which receipt the treasurer who may have received the taxes in the first
iostancc, shall show to any person interested therein, on being requested so to do.
IV. And whereas, in consequence of the diflSculty of transmitting monies, many c^the
inhabitants have been unable to pay the taxes on lands owned by them in distant districts,
and it is expedient to extend the period for the payment thereof ;^ and whereas none of
those persons who have paid the tax on wild lands, on or before the first day of January
ifi this present year, have been subject to the payment of more than fifty per cent, addi-
tional tax, and it is expedient to make provision respecting the increase of taxes in future ;
be U therefore enacted by the authority aforesaid. That if the amount of taxes due
and payable on anj^ lots or parcels of land shall be paid and satisfied on or before the first
day of July, which will be in the year of our Lord one thousand eight hundred and twenty-
nine, the same shall not be liable to any other or greater increase than fifty per cent., and
that fi-om and after the passing of this act, it shall and may be lawful for the treasurers of
the several districts, and they are hereby authorized and required, when the taxes, rates,
or assessments, have been suffered to fall in arrear for any period exceeding four years, to
receive from any person, and give a receipt for, the tax on such lot jor parcel of land, with
no other addition or advance than fifty per cent, on the amount due at the time of the
payment thereof; and that in all cases where it shall be necessary to levy the amount of
taxes in arrear by distress, or by the sale of a portion of the lands on which such taxes
may be due, the amount of tax due thereon shall be levied with an increase of fifty per
cent, and no more, exclusive of costs, any law to the contrary in any wise notwithstanding.
V. Provided always, and be it further enacted by the authority aforesaid. That if the
amount of taxes payaUe on any lot or parcel of land shall be paid and satisfied on or before
the first day of July next after the passing of this act, the same shall not be liable to any
other or greater increase than fifty per cent, on the first five years.
Wlwt shall be HiMiMl
in laclk acoonnU.
Copies of aceonnta Te-
rmed on oath, to be
tranamitted to the trcft-
■uren of the diatricta
in which thelandali^
and aaaeasmcnta paid
oyer.
The treaanrer reeeir-
ing asseaunenta from
treasnrera of other dia-
tricta. to eradit the va-
apeetire lota, and tnaa-
mit receipta tothetne-
Burera forwarding Ihe
money.
No greater accnmnla-
tion Uian fifty per cent,
shall be charged npon
any lands on which the
assessmenta shall b^
Mid on or before Ipt
July, 1629.
And in all <
ter, fifty per cent, and
no more, shall be chai|^
ed in addition, where
the assessments shaU
remain in airear longer
than fire yeara.
Arrears of aasessments
which shall be paid by
the 1st Jnly,18aB, shall
be liable only to an
increase of nfty per
cent on the amoont
due for the first five
years.
in the district in wliich
the lands lie.
No partial payment
shall be receired when
eight yeara'
s are doe.
VI. And be it fiirther enaeted by the authority aforesaid, That fi-om and after the first S^SriTt Juiy*l^
day of July, which will be in the year of our Lord one thousand eight hundred and twenty- reeeire taxes on lands
nine, the treasurers of the several districts shall not receive any taxes on lands in any jj^y^^g belm' w&eiJ
district other than that in which they shall severally reside, in any case where the rates ed to nm in arrear for
or taxes have been suffered to run or be in arrear for the space of six years, knowing it £'*'5uch"case^'c*aa-
to be so ; but in such case, the said tax shall be transmitted by the party desirous to pay seasmentsnrastbeipeid
the same, or his agent, to the treasurer of the district in which the lands are situated. "* ^ istnctm w c
VII. Provided always, and be it further enacted by the authority aforesaid, That in all
eases where the rates, assessments, or taxes, have been suffered to remain unpaid for the
space of eight years on any tract or parcel of land, it shall not be lawful for any treasurer to
receive and place to the credit of any lot, tract, or parcel of land, any sum in satisfaction
of such rates, assessments, or taxes, less than the full amount due for the eight years which
have been suffered so to remain unpaid, any law, usage, or custom, to the contrary not-
withstanding.
VIIF. And be it further enacted by the authority aforesaid, That if the treasurer of any
district shall neglect or refuse to perform the duties imposed upon hkn by this act, he shall
forfeit and pay for such neglect or refusal, the sum of fifty pounds, to be recovered before
the court of general quarter sessions of the peace, on the oath of one or more credible
witness or witnesses, one half of which sum shall be paid to the informer or person prose-
cuting for the same, and the other moiety to be paid into the public funds of the district;
Digitized by
Penalty of n<
omission in
surer.
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;Iect or
tc tree-
Google
466
C. 4.— Ninth Ykab of Gkobob IV.— 1888.
[FoVB'm Si
InitiMt in qvirtartea-
tions bomd to ateer-
tain that he has cor-
reetlj dUebamd the
duties impotea on him
hfthiiaet.
6th Geo. lY, o 7, a 6,
repealed.
Further time giren for
the dntiei
in that
lttJiil7,1829.
Relief aifoided where
asMtamenta paid hare
not heen credited.
Froof Bopplied where
Uie par^ who has
Btade sncn payment is
dead.
and it shall be the duty of the magistrates in general quarter sessions, next after the first
day of July in each and every year, to examine the accounts required to be kept under
this act, and to ascertain whether the same have been transmitted, together with the
monies, to the treasurers of the several districts interested therein.
IX. And be it further enacted by the authority aforesaid. That the sixth clause of an
act passed in the sixth year of his present Majesty's reign, entitled, " An act to amend
and make permanent a certain act of the parliament of this province passed in the fifiy-
ninth year of the reign of his late Majesty King George the Third, entitled, ^ An act to
repeal the several laws now in force relative to levying and collecting rates and assessments
in this province, and further to provide for the more equal and general assessment of lands
and other rateable property throughout this province,' and to render more effect oal (be
several laws of this province imposing rates and assessments, by providing under certain
restrictions for the levying such rates and assessments, by the sale of a portion of the
lands on which the same are charged," be, and the same is, hereby repealed ; and that the
several acts and duties therein prescribed and requried to be done by the several treasurers
shall be by them respectively performed, at or before the court of general quarter sessions of
the peace which shall ensue next after the first day of July, one thousand eight hundred
and twenty-nine, and at the same period in each and every year thereafter, and the re-
spective clerks of the peace shall thereon proceed in manner pointed out by theVeventh
clause of the said last recited act.
X. And be it further enacted by the authority aforesaid. That from and after the passing
of this act, it shall and may be lawful for all or any person or persons who may have paid
the assessment upon their lands, from time to time, without the lot or concession beiz^
specified as the law requires, or in any case where an erroneous description of any lot or
parcel of land may have been given, to make oath before any of his Majesty's justices of
the peace within the respective disb-icts of this province, that such sum or sums of money
as have been paid from time to time for such lands as assessed, were for such lots and
concessions, specifying the same, to enable the treasurers of the different districts wherein
lands are so affected, to credit, and he is hereby directed, to credit such lots so specified
with the amount which may have been paid from time to time upon the assessment roU.
XL And be it further enacted by the authority aforesaid, That when fi-om death or
other causes such affidavit cannot be made, it shall and may be lawful for his Majesty's
justices of the peace within their respective districts, in general quarter sessions assembled,
to hear and determine upon such evidence as may be adduced respecting such land being
paid for, and if in favor of the plaintiff, to issue an order upon the treasurer directing hiro
to credit the respective lots accordingly.
PreamUe.
Owners or oecnpiers
of mills to construct
aprons to their dams.
Penalties for neglect.
Appropriation.
Mode of constructing
such apron
Cbapter IV.
An act to provide for the construction of aprons to mill dams over certain streams in
this province.
[Passed Maroh X, 1828]
Wherbas it is expedient and found necessary to afford facility to the inhabitants of
this province engaged in the lumber trade, in conveying their rafts to market, as well as
for the ascent of fish in various streams now obstructed by mill dams, for the accommo-
dation of those residing at a distance from the mouths thereof ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act' for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by tjie authority of the same. That from
and after the first day of May, in the year of our Lord one thousand eight hundred and
twenty-nine, every owner or occupier, or owners or occupiers, of any mill dam which is
or may be legally erected, or where lumber is usually brought down the stream on which
such mill dam is erected, or where salmon or pickerel abound therein in this province,
who shall neglect to construct and erect a good and sufficient apron to his or their dam,
as hereinafter set forth, shall for such offence, yearly, and every year, forfeit and pay the
sum of twenty-five pounds of current money of this province ; one moiety thereof to his
Majesty, his heirs and successors, for the public uses of the said province and the support
of the government thereof, and the other moiety of the said sum to any person who shall
sue for the same in any of his Majesty's courts of record within this province.
11. And be it further enacted by the authority aforesaid, That eyery such apron shall
be erected and constructed in the foUowin^^ manner, that is to say ; such apron shall not
Digitized by VnOOVJ IC
NnrTH Pakliamxnt.]
C. 5, 6. — Ninth Year of Gboroe IV. — 1828.
467
be less than eighteen feet wide, by an indined plane of twenty-four feet eight inches, to
a perpendicular of six feet, and so in proportion to the height where the width of the
stream will admit of it ; and where such stream or dam is less than fifteen feet wide, the
whole dam shall be aproned in like manner with the same inclined plane.
Chapter V.
An aci to make valid the acta qf road aurveyorsy and to make further proviaion/or the
aame.
[Passed March 26, 1828.]
Whsrkas doubts have been entertained, whether by law any person appointed surveyor
of highways can hold his office, or legally act as surveyor for a longer period than one
year, without being re-appointed, and again taking the oath required by law to be taken
by every surveyor of highways, and whether any report or act of such surveyor, or
the order of any court of general quarter sessions confirming any report of such sur-
veyor, made after such period, is legal and valid ; and whereas in many instances,
persons appointed surveyors of highways have continued to act in that capacity for
several years, without their appointments being annually renewed, and without again
taking the oath required by law to be taken by every such surveyor, and it is expedient
to confirm and mdce valid the acts of such surveyors, so far as the same would have
been legal and valid had such surveyors been in this respect legally appointed and quali-
fied ; be it therefore enacted by the King^s most excellent Majesty, by and with the advice
and consent of the legislative council and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual
(MTovision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and hy the authority of the
same, That any person who has at any time heretofore been appointed a surveyor of
highways by the justices of the peace in any district of this province, in general quarter
sessions, in that month assembled in which by law they are authorized to appoint survey-
ors of hi^ways, and who has continued to act as a surveyor of highways after the
general quarter sessions in such district, in the same month in the year next succeeding
that in which he was appointed as aforesaid, although he may not again in any succeeding
year have been appointed surveyor of highways by the justices of the peace of such
district, in general quarter sessions assembled, in the month in which by law they are
authorized as aforesaid to appoint a surveyor of highways, and although he may not again
have taken the oath required by law to be taken by every surveyor of highways as afore-
said, shall be deemed and taken to have been a surveyor of highways for the county or
riding for which he was originally appointed, and to have been legally qualified to act as
such, and that all acts done by him, as such surveyor, and all orders of any court of
general quarter sessions for confirming any report made by him, as such surveyor, shall
be deemed and taken to be legal and valid, as fully to all intents and purposes as if such
surveyor had been reappointed in each and every succeeding year by the justices of the
peace of suc£ district, m general quarter sessions assembled, in the month in which by
law they are authorized as aforesaid to appoint surveyors of highways, and had duly taken
the oath annually required by law to be taken as aforesaid by every surveyor of high-
ways : Provided, That nothing herein contained shall extend, or be construed to extend,
to confirm or render legal or valid any thing done by any surveyor of highways after his
removal, who shall have been legally removed from the office of surveyor of highways
by the justices of the peace in general quarter sessions assembled.
II. And be. it iurther (enacted by the authority aforesaid. That from and after the passing
of this act, any person legally appointed surveyor of highways, and who shall take and
subscribe the oath in such case made and provided, is hereby authorized and required to
perform the duty of road surveyor until such time as he shall be legally removed from
office, without again taking the oath of office, any thing in any law, usage, or custom, to
the contrary in any wise notwithstanding.
(See GOOi Geo. Ill, e
Preamble.
All acts donebyroed
sttireyors who here
been suffered to Mrre
bejoad tbeir Tew,
without being re-elect-
ed or sworn, made Ta-
lid, notwithstanding
the want of cuch re-
elections fcc.
But this act shall not
confirm any thing done
by road surveyors after
they have been legaOy
remored from office.
Hereafter road survey-
ors, having been sworn,
may continue to dis-
cluurgc their duty with-
out aeain taking the
oath of office.
Chapter VI.
An act for making and maintaining a road between Emeatown and the gore of Fre-
derickaburgh.
[Passed March 26, 1828.}
WhsrCas in consequence of a dispute having arisen between the justices of the peace Preamble.
of Emestown and the justices .of the peace of Fredericksburgh, in the Midland district,
Digitized by
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«88
C. 7.-~NiNTH YsAH ov OaoMi: IV^ISSS.
[Fovsm Shho*,
The jastieet of the
peace acting for Enies-
town^ in tlie Midland
difltnet, to attend to
themakinff and repair-
inr one lu£r of the road
Mweeii Eraestown
and the gore of Frecle-
rickibuii^
The jnttieea acting for
IVederidubaigh to at-
tend to and take charge
of the other half of the
same road.
cespeetiiig the right of either party of such justices to take eharg0 of a {NiUie road itm-
ning from front to rear between the aforesaid township of Emestown and the gore of
Fredericksbiirgb> or to which parly of right the making and repairing of audi lond he-
longs ; in consequence of which dispute, me aforesaid road, though mueh travelled from
necessity, is dangerous and difficult to travel on account of being left, in a great measure,
for a long time past, without being mended and imju-oved ; be it therefore enaeted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Oreat BriCaiit,
entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, 'An act for making more effectual provision for the govenmieiit
of the province of Quebec, in North America, and to mAe further provis^n ht Ae
government of the said province,"' and by the authority of the same, Thai bam and
2^T the passing of this act, it shall be the duty of the justices of the peace, actine far
the township of Emestown, and they are hereby authorized and required to take cnarge
of, and to cause to be made and repaired, and kept in repair, one half, or an equal propor-
tion, of the aforesaid road ; which proportion shall be in the following manner, Aat h to
say ; the rear half of the first and the whole of the second, fifth, and stsih coneessfons,
commencing at the front and ending at the rear of the concessions of Emestowti.
II. And be it further enacted by the authority aforesaid. That the jtistices of fhe peace
acting for the township of Fredericksburgh, are hereby authorized and required to itkt
charge of, and cause to be made and kept in repair, one half, or an equal proportion, of the
aforesaid road ; which proportion shall be in the following manner, that is fo^say ; fte
front half of the* first, and the whole of the third, fourth, and seventh concessions, coitf-
mencing at the front and ending at the rear of the concessions of Emestown.
(See lOCh Geo. IV, c
PfcamMe.
Commissioners to be
appointed for erecting
a light hoQse on the
Fabe-Ducks island in
lake Ontario.
JSlfiWS granted for e-
rectin^and furnishing
such Ug^i hoose.
Commissioners to re-
port on 1st December
next, and account for
the monies expended
by them; and also to
Xrt what tonnage or
r duties onTCssebi
wiU be sufficient to de-
fray the charge of the
light hoose, and how
sncb duties can be
most conveniently col-
lected.
Cbapter VII,
An act to provide for the erection of a tight house on the Fiike-Ducks island^ in lake
Ontario,
[Passed BCandi 25, t92S.l
Whereas it would tend greatly to the safety and convenience of navigation upon late
Ontario, if a light house were constructed upon the island commonly called the False-
Ducks island in the said lake ; be it therefore enacted by the King's most eircellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under Ae
authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeaf
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
act for making more efifectual provision for the government of the province of Quebec, in
North America, and to make further provision lor the government of tlie said province,'"
and by the authority of the same, That it shall and may be lawful for the governor, lieu-
tenant governor, or person administering the government of this province, immediately
after the passing of this act, to appoint three persons to be commissioners for erecting a
good and sufficient light house upon such part of the island commonly called the False-
Ducks island, in lake Ontai'io, as they shall judge the most proper, and for procuring the
necessary apparatus for lighting the same.
II. And be it further enacted by the authority aforesaid. That from and out of the rates
and duties now raised, levied, and collected, or which may hereafter be raised, levied,
and collected, and remaining in the hands of the receiver general unappropriated, there
be granted to his Majesty the sum of one thousand pounds, to enable his Majesty to defray
the expense of erecting the said light house, and furnishing the same ; and that such sum
shall be paid bv warrant of the governor, lieutenant governor, or person administering the go-
vernment of this province, for the time being, to be issued in favor of the said conmiission-
ers, or any of them, and shall be accounted for to his Majesty through the lords commissioners
of his treasury, in such manner and form as his Majesty shall be graciously pleased to direct
III. And be it further enacted by the authority aforesaid, That the commissioners to
be appointed for the purposes of this act shall, before the first day of December next,
render an account to the governor, lieutenant governor, or person administering the
government of this province, of the monies expended by them under this act, and shall,
at the same time, report what tonnage, or other duties, upon vessels of all descriptions
navigating lake Ontario, will, in their opinion, be sufficient to defray the charge of main-
taining the said light house, and repay the said sum of one thousand pounds, with the
interest accruing thereon, and in what manner and at what place the said duties can be
most conveniently collected ; which account and report shall be laid before the legiritttnre
at their next session. ^^ r^r^
Digitized byVnOOy IC
NfJSTB P.^9fdAM^ST.]
C. 8, 9, 10.— NiHTH Ykar of Geobge IV.— 1828.
460
Cliapter VIII,
^n act io ecmfy^ue an adj enUiled^ ^^ An act to continue^ for a limited time, an act passed
i» the Ji/iy^ghth year ofhia late Majesty^ s reign^ entitled j *• An act to continue, repeal
part qf^ and amend an act passed in the fijly-sixth year of his Majesty'^ s rdgn^ enti-
tled, ^ An act granting to his Majesty duties on licenses to hawkers, pedlars, and petty
chapmen, and other trading persons therein mentioned,^ and to extend the provisions
of the same.
[Passed Marcfi 25, 1828.]
Whbrsas an act passed in the fourth year of his Majesty's reign, entitled, ^^ An act to
continue for a limited time an act passed in the fifty-eighth year of his late Majesty's reign,
entitled, ' An act to continue, repeal part of, and amend an act passed in the fifty-sixth
year of his Majesty's reign, entitled, ^ An act granting to his Majesty duties on licenses
to hawkers, pedlars, and petty chapmen, and other trading persons therein mentioned,'
and to extend the provisions of the same,' " is about to expire ; and whereas it is expe-
dient to continue the same for a limited period ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative coimcil and
assembly of the province of Upper Canada, constituted and assembled by virtue of and under
the authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled,
* An act for making more eflfectual provision for the government of the province of Quebec,
in North America, and to make further provision for the government of the said pro-
vince,' " and by the authority of the same, That the said recited act be, and the same is,
hereby continued for four years, and from thence to the end of the then next ensuing
session of parliament, and no longer.
11. And be it further enacted by the authority aforesaid, That it shall and may be law-
ful for any person or persons, being his Majesty's -subject or subjects, or their agent or
agents, to peddle and expose to sale, leather, hollow-ware, farming utensils, goods, wares,
or merchandize, being the growth, produce, or manufacture of this province, having been
grown or manufactured by such person or persons, or by persons employed by him, her,
or them, or printed papers published in this province, without a license so to do, any laW
or usage to the contrary in any wise notwithstanding.
Preamble.
Reciting 4th Geo. IV,
CIS.
58Ui Geo. Ill, e 6, eon-
tinued for four yean,
and from thence to
the end of the next
■esaiotk of parliament.
Certain articles nown
or manafactured m the
Srovince maybe ped-
led and exposed to
sale by the persons
powing or mannfactar-
inff the same, without
a license.
Chapter IX.
An aji to continue for a limited time the laws imposing duiies upon stiUs.
Whsrsas an act passed in the fourth year of his Majesty's reign, entitled, ^^ An act
prescribing the mode of measuring the contents of wooden stills, also for fixing the rate
of duty to be paid on al! stills used for the distillation of spirituous liquors within this
province," is about to expire ; and whereas it is expedient to continue the same for a
limited time ; be it therefore enacted by the King's most excellent Majesty, by and With the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^' An act to repeal certain parts of an act passed
in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to
make further provision for the government of the said province,' " and by the authority
of the same, That the said recited act be, and the same is, hereby continued for four
years, and from thence to the end of the then next ensuing sesion of parliament and no
longer.
Preamble.
4th Geo. rv, 1st set*
sion, e 18, eontinaed
for foor years, and
from thence to the end
of the next session of
pariiament.
Preamble.
Chapter X.
An act to continue an act imposing duties on goods sold by auction.
[P&ssed March 26, 1829]
Whereas an act passed in the fourth year of his Majesty's reign, entitled, " Art act to
continue for a limited time an act passed in the fifty-eighth year of his late Majesty's
reign, entitled, * An act granting to his Majesty a duty on licenses to auctioneers, and on
goods, wares, and merchandize, sold by auction,' " is about to expire ; and whereas it is
expedient for a limited time to continue the same ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assen^bly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^'An act
59 Digitized by
Google
470
C, ll.-r-NiNTH Year of George IV.— 1828.
[FOVBTB SsasioiTy
4thGeo. iy,el7,con-
tUaed for roar years,
and to tlM and of the
^esEt easaiag session of
pailiaaMnt.
to repeal certain parts of an act passed in the fourteenth year of his Majesty'a i^%B)
entitled, * An act for making more effectual provision for the government of the provmee
of Quebec, in North America, and to make further provision for the govemm^ii of the
said province,' '' and by the authority of the same. That the said act be, and the same is,
hereby continued for four years, and from thence to the end of the then next ensuing
session of parliament, and no longer.
^Amaaded. 8<
Gaow iy,e 7.)
Preanilila.
8ae lOlh
4th Geo. IV, G 22, and
4th Geo. IV, 2d ses-
sioa, e 21, repealed.
Two eommissioBers to
ba alaatad for settling
4he aflairs of the kte
pratanded bank, one by
tht stockholders, sad
another by the holders
of aertiSeatas.
Time of holdina elec-
tion by the stockhold-
Tima of holdiag elac-
tfoa by the holders of
certiiratas.
Vot6si
proxj.
rbagirenby
Eaek parson to gire
aoeyote.
Ck>Bunissionars to be
chosen by a msjoritj
ofTOtas.
Third eonmissioBerto
How yaeanciai are to
aa sappuaa.
Chapter XI.
An act to repeal the laws now in force respecting the late pretended bank of Vj^ef
Canada^ and to make provision for settling the affairs of the said in^itvHon.
[Passed Mareh 2S> 1828.1
Whereas 41 certain act of the parliament of this province passed in the fouiiih year of
the reign of bis present Majesty, entitled, ^^ An act vesting in the hands of certain conh
missioners therein named, all the stock, debts, bonds, and property of the pretended bank
of Upper Canada, lately established at Kingston, for the benefit of the creditors of that
institution," and a certain other act of the parliament of this province passed in the fourth
year of his present Majesty's reign, entitled, "An act to repeal part of an act passed in
the last session of parliament, entitled, ^ An act vesting in the hands of certain commis-
sioners therein named, all the stock, debts, bonds, and property of the pretended bank of
Upper Canada, lately established at Kingston, for the benefit of the creditors of that
institution ;' and to make further provision for settling the affairs of the said pretended
bank," have been found ineffectual, and it is expedient to provide other means for col-
lecting the debts contracted with the said institution, for the benefit of the creditors
thereof; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act
^Missed in the fourteenth year of his Majesty's reign, entitled, * An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That the said several acts hereinbefore recited be, and the same are, hereby
repealed.
II. And be it further enacted by the authority aforesaid. That the holders of stock io
the said late pretended bank shall and may meet at the court house in the town of Kin^
ton, in the Midland district, on the first Monday in May next after the passing of this act,
at or after the hour of eleven in the forenoon of the same day, for the purpose of chooang
some one person to be a commissioner for the purposes hereinafter mentioned ; and that
the persons holding certificates given for notes of the said pretended bank, by the com-
missioners heretofore appointed for settling the affairs of the said pretended bank, shall
and may meet at the court house in the town of Kingston aforesaid, on the second Mon-
day in May next after the passing of this act, at or after the hour of eleven in the forenoon
of the same day, for the purpose of choosing some one other person to be a commissioner
for the purposes hereinafter mentioned.
^ III. And be it further enacted by the authority aforesaid, That at the respective elec-
tions hereinbefore provided for, the holders of stock and certificate holders may vote by
proxy, suoh proxy to be appointed by power of attorney, under the hand and seal of the
principal;' that each stockholder and each certificate holder shall have one vote, and no
more ; and that the commissioners shall be chosen at such elections respectively, by a
majority of the votes so to be given personally or by proxy.
iV. And be it further enacted by the authority aforesaid. That the two commissioners
to be chosen as aforesaid, shall and may, within one week from the time of their heing so
chosen, appoint some one person to be a commissioner with them for the purposes of this
act.
V. And be it further enacted by the authority aforesaid, That in case of vacancy by
death, incapacity, removal from the district, or resignation, it shall and may be lawful for
the surviving or remaining commissioner or commissioners, in case the commissioner or
commissioners, so vacating his or their appointment or appointments, shall have been
chosen at either of the elections provided for by this act, to call a meeting of the stock-
holders, or of the holders of the certificates, according to the nature of the vacancy to be
supplied, to be held at the court house in the town of Kingston, at some day to be named
by the said commissioners ; and of which public notice shall be given by advertisement
in the several newspapers in the town of Kingston, at least two weeks before the time
appointed for such meeting ; and in case of vacancy of the commissioner who shall have
been appointed by the other two commissioners, in the manner *i^fpH{H^^?5fi5'*fPf\^ ^^
NnrxB PABi4AmvT.] • G. 11. — Nintr Ybar of Gbobob IV. — 1838.
4T|
The kte eommiaiimi-
en iludl delirer orer
the hooks end pepen,
Ite.
Commisikmen
bring eetioDt.
By whet I
mi^
How they mey mm.
Statute of IfaakeUoM
shall not bar if eetkNui
are brnnght within a
year from the
of this act.
shall and may be lawful for the two remaining commissiopers, and they are hereby re-
quired to appoint, within two weeks, a third commissioner, to supply such vacancy.
VI. And be it further enacted by the authority aforesaid, That the act of any two Aets of a wjotUy at
commissioners, who shall be appointed under this act, shall be valid, so far as the autho- g^^^^»J*"«»«>'»Wl
rity of such commissioners shall extend.
VII. And be it further enacted by the authority aforesaid, That the commissioners
heretofore wpointed for settling the affairs of the late pretended bank, shall, within one
week after the appointment of the commissioners under this act, deliver, or cause to be
delivered over, upon request, to the commissioners who shall be constituted under this
act, aU the books, papei*s, documents, matters, and things, whatsoever, remaining in their
charge and appertaining to the said late pretended bank, or the affairs thereof.
• VIII. And be it furmer enacted by the authority aforesaid, That the commissioners to
be constituted under this act may, from time to time, prosecute in and by the name of the
Kingston bank commissioners, such actions at law as may be necessary for the recovery of
any debts due to the institution, or to others, to the use and in behalf or account of the
said institution, by mortgage, bond, note, or otherwise ; and that all such debts, whether
due by specialty or by simple cbntract, may, if the plaintiff shall choose to sue in that
form, be recovered in an action on an account stated, as between the defendant and the
parties suing by the name aforesaid ; and such specialty or other proof of debt may be
received as evidence of an account stated.
IX. And be it further enacted by the authority aforesaid. That the statute of limitations
shall not apply to bar or extinguish any debt due to the said late pretended bank, provided
the same shall be put in suit within one year from the passing of this act.
X. And whereas from the sudden failure of the said institution, and the consequent
confusion in its affairs, which rendered it for a long time impracticable to resort to the
necessaiy legal remedy for the recovery of the debts then outstanding, it may have hap-
pened in some instances, that the indorsers of notes or drawers of bills discounted at the
said institution, have not received notice of non-payment or non-acceptance within the
period which the law requires, and it is expedient to prevent advantage being taken of
such omission when it has not operated to the prejudice of such indorsers ; be it therefore
further enacted by the authority aforesaid, That the omission to give any such notice as
aforesaid, upon any demand that may have become due after the failure of the said insti-
tution shall not bar a recovery against any indorser or drawer, unless it shall be satisfactorily
proved that such indorser or drawer has by reason of such notice not being given, as the
law requires, been prejudiced in the means of recovery, against the party by whose non-
payment or non-acceptance he had become liable.
XI. And be it further enacted by the authority aforesaid, That whenever any person,
appearing to be indebted to the said institution, shall have left this province, since the
faflure of the said institution, and shall not be resident therein, it shall and may be lawful
to serve process in any suit to be instituted under the authority of this act, against such
person, by leaving a copy of such process at the last place of abode of such person within
this province, with any grown up person dwelling or living in such house, or by affixing
a copy of such process in the crown office of this province, eight days before the return
thereof; and that a declaration in every such case, being filed in the crown office of this
province, and all other and subsequent proceedings in any such cause which in ordinary
cases are served upon the defendant, shall be considered to be served, by filing the same
in the crown office at York, and the office of deputy clerk of the crown at Kingston, and
on notice of such filing, inserted for two weeks in the Kingston Chronicle and Upper
Canada Herald.
XII. And be it further enacted by the authority aforesaid. That no bond, 'mortgage, lUegaiitrof the intti-
note, security, or undertaking, of what kind or nature soever, made to the said institution, jjjjed b an*** ^^^r**"
or to any person or persons to their use, shall be held to be invalid or irrecoverable on indebted^o*??^ ^'*^
account of any alleged illegality of the said institution.
XIII. And be it further enacted by the authority aforesaid. That the commissioners to
be constituted under this act shall, within two weeks after their appointment, cause a
notice of their place and hours of business to be advertised in the Upper Canada Gazette,
and in all other newspapers in Upper Canada, and in the Montreal and Quebec gazettes,
in six successive numbers of each paper, calling upon all holders of notes or certificates, or
other creditors of the said late institution, to present their claims within the period pror
scribed by this act, or otherwise such claims will be forever barred and cancelled.
XIV. And be it further enacted by the authority aforesaid, That every claim upon the
said institution, unless it shall be presented to the commissioners to be appointed under
this act, on or before the first day of November next, shall be forever extinguished and
barred.
XV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful to and for the commissioners to be constituted under this act, to exercise their dis-
Want of notice to
drawen and indoraera
shall not avaU, nnkaa
they have hcen |Hrejii-
dieed hf the want of
■neb notice.
Mode of pmeeediaie
against pertoM who
hare left the prorince.
»aiTe
juaee
Commiaaionen to
notice of their
andhonrs of
T^caU for the prodm^
tion of all claims agahut
the late inaUtatlon.
An claims
baned which shall not
be presented by fint of
Noremberneii.
Certain disiwelio— ly
powen giTca to th*
Digitized by
Google
47a
eomnoiskmen for the
mora equitable and
eottreaient tettlemeiit
oT debU due to the late
Iiiteretft on debts due
to the Mid bank, to
cease in eeitain eases.
(^Hmi^isaionen to
Biake reports of their
iiroeeediiic8,aiid of the
ktate of the affiurs of
^ktebank.
To make half yearly
dtfideadt.
BSaydedaet disbnne-
First diyidend, when
tobeauade.
PiOTisionfor indemai-
fyinc the commission-
ers heretofoBC appoint-
ed, for all disbone-
meats necessarily ip-
curred by them.
This act to benotioed
as a p«Uic apt.
C. 12.— Ninth Y£ar of Gsoroe IV.— 1828. [VtriftM SIfiMok,
cretion in regard to the giving a longer credit to any debtor or dfelitord to Ae ^mA Itte
institution, and that they shall also have authority to accept of property, real or pergonal,
or to receive bills or notes of the said late institution, or certificates given for the none,
in satisfaction of the whole or part of any debt which said commissioners are authorized
to collect, or to refer any such matter to arbitration, or make any compromise in regard to
any such del^t as they may think reasonable and proper.
XVI. And be it further enacted by the authority aforesaid. That if any person indebted
to the said late institution shall, before the passing of this act, have tendered payment of
the debt, or any part thereof due by him, in notes of the said late institution, or certifi-
cates given for such notes, no interest shall be charged in respect to such debt, or such
part thereof as he shall have so tendered payment for, from the time of such tender
having been so made.
XVIL And be it furtlier enacted by the authority aforesaid. That the commisdioneis
shall make a report to the governor, lieutenant governor, or person admlnistenng the
government of this province, on the first day of January in every year, of their proceed-
ings under this act, and of the state of the affairs of the said bank, to be laid before die
legislature at its next session.
aVIII. And be it further enacted by the authority aforesaid, That the commissioners
who shall be constituted under this act shall make half yearly dividends among the cre-
ditors of the said late institution, of the monies collected by them, first deducting therefrom
their necessary disbursements in the execution of this act ; and that the first of such
dividends shall be made at the expiration of twelve calendar months after the appointmeDt
of the said commissioners.
XIX. And be it further enacted by the authority aforesaid. That the commissioners
heretofore appointed for settling the affairs of the said late institution, shall be allowed to
make out an account against the government of this province, for all disbursements neces-
sarily incurred by them in the execution of the duties imposed upon them by la^, which
account shall be sworn to by them, and shall be accompanied by the proper receipts, or
other vouchers ; and that it shall and may be lawful for the governor, lieutetiant governor,
or person administering the government of this province, to issue his warrant in favor of
the said commissioners, for the amount to be allowed in such account ; which warrant
shall and may be discharged by the receiver general, out of the monies of this province
remaining in his hands unappropriated, and the monies to be paid thereon shall be
accounted for to the commissioners of his Majesty's treasury, in such manner and form as
his Majesty shall be graciously pleased to direct.
XX. And be it further enacted by the authority aforesaid, That this act shall be deemed
to be a public act, and as such efiall be judicially noticed without specially shewing the
same.
(See 8th Geo. TV, e
19; 11th Geo. IV, c
12; nth Geo. IV, c 27;
1st Wil. IV, c 21.)
Pres^mble.
AiWtnfors to beap-
Chapter XII.
An act to provide for the valuation of the labor and materials applied in constructing
the harbor at Burlington bay^ and for other purposes relating to the said harbor,
[Pasted Mareh 2S, IS2ai
Whbreas there appears reason to doubt whether the amount paid t^o the isontractor for
making the canal at Burlington bay, upon the estimate made in pursuance of the act of
the parliament of this province passed for that purpose during the last session, will remu-
nerate the said contractor for the monies actually expended by him for labor and materials
applied in the construction of the said work ; and whereas from the peculiar nature of
the said undertaking, the difficulties and expense attending its prosecution could not be
certainly foreseen, and as there is reason to expect that the revenue arising from tolls and
duties to be levied at the said canal will reimburse the charge of the work, and the
said contractor, James G. Strowbridge, hath by his petition set forth that he has suffered
great losses by the said work, and hath prayed that measures may be taken for ascertam-
ing by arbitration the true value of the labor and materials applied by him in constructing
the same ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the legislative council and rssembly of the province of Upper Ca-
nada, constituted and assembled by virtue of and uadev the authority of an act passed in the
parliamentof Great Britain, entitled, "An &ct to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
same. That it shall and may be lawful for the commissioners appointed to superintend the
the actual Tihie of the Said work at Burlington bay, or a majority of them, within one month from the passing of
Digitized by VrjiJOV IC
HtHiTA TMMiAAvmm.]
C. l3.--^IM1ffi Y«AA OS* OlBCffiW lV.--*lS3d^
4f»
tins act, (o appoint one arbitrator, and for the said James O. Stro^bridge wfdiin tbe Mttie
period, to appoint another arbitrator, and that the said two arbitrators, within one week
after their appointment, shall and maj appoint a third arbitrator, which three arbitrators
sLall hare power to summon witnesses before them, and to hear them on oath ; and, if
tbej think it expedient, to hear the commissioners, or any of them, and also the said
James 6. Strowbridge, on oath, as to all such matters and things as maj appear necessary
for enabling them to make a just award upon the true value of the materials and labor
applied by the said James G. Strowbridge, in the prosecution of the work.
II. And be it further enacted by the authority aforesaid, That if within the period
limited by this act, no third arbitrator shall be chosen, a third avbitrator shall be appointed
by the ssdd James 6. Strowbridge, on the one part, and the said commissioners, or a ma-
jority of them, on the other part.
^ In. And be it further enacted by the authority aforesaid, That each of the said arbitra-
tors shall, before entering upon the duties assigned to them by this act, take an oath before
some one of his Majesty's justices of the peace in and for the district of Gore, that he
will, to the best of his skiU and judgment, make a just award upon the value of the work
and materials applied by the said James G. Strowbridge, in the work undertaken by him
at Barfa'ngton bay.
IV. And be it further enacted by the authority aforesaid, That the sum which shall be
awarded by the said arbitrators, or a majority of them, to be due to the said James O.
Strowbridge, if any sum shall be found to be so due, shall be paid to him by the commis-
sioners for superintending the said work, out of the monies heretofore granted for the
making of the said canal : Provided always, nevertheless. That sut^h award shall be made
in writing, under the hands and seals of the arbitrators, making the same on or before the
first day of June next.
V. Provided also, and be it further enacted by the authority aforesaid. That it shall not
be lawful for the said arbitrators to award to the said James 6. Strowbridge a greater
sura of money than shall at the time of the making of the said award remain unexpended
of the monies already appropriated for the erection and completion of the said works.
VI. And be it further enacted by the authority aforesaid, That the said arbitrators shall
be paid by the commissioners appointed for superintending the said work, out of the
monies placed at their disposal, such compensation as shall appear to them reasonable for
their time and trouble, and as may enable them to remunerate any engineer, or other per-
son employed by them, in surveying the said work.
YII. And whereas the rates of tolls and tonnage duty to be levied at the said canal
require to be in some respects altered, be it therefore further enacted by the authority
aforesaid, That so much of an act passed in the fourth year of his Majesty's reign, enti-
tled, ^^ An act to provide for constructing a navigable canal between Burlington bay and
lake Ontario," as enacts that boats or craft under five tons each shaU pay a toll or due of
five shillings sterling, and that vessels over five tons shall pay one shilling and three
pence, sterung, per ton measurement, shall be, and the same is, hereby repealed ; and
that the tolls or dues chargeable upon vessels, boats, or craft, shall be as follow : that is to
5ay, upon all vessels or boats under ten tons burthen, the sum of two shillings and six
pence, and upon all vessels over ten tons burthen, the sum of one shilling per ton, upon
all cargo contained in them which shall be declared upon oath to be intended to be unla-
den at the harbor or elsewhere in Burlington bay : Provided always, That no vessel
exceeding fifty tons in burthen shall pay a less toll than ten shillings.
VIII. [Repealed by 11th Geo. IV, c 12.]
IX. And be it further enacted by the authority aforesaid. That so much of the above
recited act as provides that the tolls and dues thereby imposed shall be charged in ster-
ling money, shall be repealed^ and that the same sums therein mentioned, as well as the
tolls and dues hereby imposed, shall be considered to be and shall be charged in lawful
currency of this province.
cmploTttd IB mrtiM
tkalMtfboral Bulii^
ton bay.
Power aad itatMt oC
MMh arbitmton.
ProTisioD in case dn-
fmilt thali be aukde in
choosing n third arbi-
tntor.
Oath to be taken by.tba
aibitraton.
Sum awarded io be
paid by the eomade-
•ionen ont of moniet
heretefoit graotad Ut
Award to be
or befora Ut Jmeneart.
8am awarded shell mat
exceed the bthuiee ra-
lyi^lpinig g| t^ time of
the award in the hand*
of Che
izpended.
ieletWa.IV,c2l.)
(See
to be
arnde to the ubitnteia
for thcirtime aad troor
Ue.
Altention in the te»
nage dnty on Teeeeb.
Bates of tonnage dnif.
Wheat, or other gnjn»
to pay l|d. per boshel.
Tolls to be charged in
prorincial enrreney,
and not in steiting.
(8ee4thGeo.rV,ca)
Chapter Xlll.
An act to borrow a sum of money fi^om his Majesiy*s government^ and to make provi-
sion for the payment of the same.
[Passed March 25, 1828.]
Whereas it has been found necessary for the advancing certain public improvements
most essential to the prosperity of this province, to borrow several sums of money,
amounting together to upwards of one hundred thousand pounds, currency, which sums
have been raised upon debentures, issued under the authority of several acts of the le]gis-
Digitized by
Preamble.
Google
m
[FouBVH S:
£4^00 fterling to be
appropriated ammally
tttwana tlM paymcat
oCiateMata&d prinei-
pat vpoB any loan
which aoay be con-
tiaeted for nader the
proTifioM of thii aet
To be paid bv the re-
rant
he.
the governor.
JPlremiam on biU« of
exchange drawn in con-
aeqaence of any rach
loan, to be accounted
for by the reeeiTer ge-
fforby 1
n^raf.
The grant of £4,000
not to be set apart until
theloaaahaUbeeffBet-
9d.
C. 14, 15» 16, 17.--NiirrH Ysar or Gsoboc tV.--18S8.
lature, and bearing the high rate of interest of six pounds, per centum, beii^ tlie ordinary
and legal rate of interest in this province ; and whereas there is good reason to beliero
that his Majesty's government will be graciously pleased to effect a loan in England, at a
reduced rate of interest, for the re-payment of the monies so borrowed, on receiving
security by an act of the legislature of this province, for the redemption of such loan and
the regular interest thereon, and it is most desirable to accept of such loan, and to make
provision for the same ; be it therefore enacted by the King's most excellent M2gesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, '^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making
more effectual provision for the government of the province of Quebec, in North Ame-
rica, and to mdke further provision for the government of the said province,' " and by Ihe^
authority of the same. That from and out of the duties raised, levied, and collect^, or'
hereafter to be raised, levied, and^coUected, at the port of Quebec, and payable to this
province for the public uses thereof, his Majesty's receiver general, for the time being,
shall pay annually to the lords commissioners of his Majesty's treasury, the sum of four
thousand five hundred pounds, sterling, which shall be^ applied and paid towards the pay-
ment of the interest upon any loan which may be effected in England for the use of this
province, and for the gradual liquidation of the principal thereof.
II. And be it further enacted by the authority aforesaid. That the said annual simi of
four thousand five hundred pounds, sterling, shall be paid by his Majesty's receiver general
of this province, for the time being, at such periods as may in that behalf be required bj
his Majesty's government, and in discharge of such warrant or warrants as may for that
purpose be issued by the governor, lieutenant governor, or person administering the
government of this province.
III. And be it further enacted by the authority aforesaid, That the receiver general
shall account to the governor, lieutenant governor, or person administering the government
of this province, for the time being, for all sums of money which he may receive as
premium on bills of exchange, on drawing any loan from England, which may be effected
in consequence of this act ; which account the receiver general shall verify upon oath, and
apply the amount so received to the credit of the province for the general uses thereof:
Provided always. That the said sum of four thousand five hundred pounds, sterling, shaU
not be set apart, remitted, or paid, as aforesaid, until the said loan shall be effected and
available for the redemption of the said public debt of this province.
Chapter XIV.
An act for graniing to his Majesty a supply for the support of the civil govemmerU and
the administration of Justice.
[Granting JC2,000 towards the support of the ciril goTemment for the yev 1B2S.1
Chapter XV. /
An act to make good certain monies advanced by his excellency the lieutenant governor^
pursuant to an address of the house of assembly at the last session of parliament.
jrOrantlng £2J3ffr 18t. |d, to meet a like sum adyanced for the contingent expenses of the legislature daring the session
Chapter XVI.
C8e6 Id Geo IV e 2 *
4Ui Geo. IT, e '2, s) An act granting to his Majesty a sum of money to be applied in defraying the expense
of drafting and engraving a map of the Rideau canal.
[Granting jS280 to defray the expense of procuring fire hundred copies of the map of the Ridean canal.]
Chapter XVII.
An act for the relief of John Matthews.
[Passed Mareh 25, 1828.]
Whereas the commissioners under an act passed in the fifty-fourth jear of the reifft
of his late Majesty, entitled, ^'An act to declare certain persons therein described, aliens,
Digitized by VnOOV IC
NlHTH PAmLIAMXNT.]
C. 18.— Ninth Yimr or Oso&os IV.— 1828.
475
and to vest their estates in his Majesty," have received from John Matthews, esquire, the
sum of twenty-five pounds, as the consideration money of some piece or parcel of land, in
the township of Thorold, in the Niagara district, described in the deed irom the said
commissioners to the said John Matthews, as follows : " A certain parcel or tract of land
in the seventh concession in the said township of Thorold, so found to have been in the
seizen of the said Samuel Hartwell, at the time of his committing high treason as aforesaid,
purchased by the said Samuel Hartwell from one John Fox, and at the present supposed
to be in the possession of Thaddeus Davis, of Thorold, as aforesaid, containing, by admea-
surement, thirty acres, be the same more or less ;'' and whereas the said description is
vague, uncertain, and insuflBcient, and not such as by the terms of the sale ought to have
been given, and it is therefore desirable to pass a law to enable the said commissioners to
refund the said sum of twenty-fiv^ pounds, received as aforesaid, to the said John Matthews ;
be it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament of
may be lawful for the said commissioners under the said act to return the said sum of
twenty-five pounds to the said John Matthews.
II. Provided also. That the said John Matthews shall first surrender any deed and
memorial which the said commissioners have heretofore transmitted to the said John
Matthews, purporting to be a title to the aforesaid piece or parcel of land.
Oonaibrioiien for Ibr*
feited ettirtei anthori*-
•d to npmj to John
Blatthewi, oiq. £18^
reeeired from Um •■
the pureiiaM moiioy for
an eitate inpeifeetly
deicribod.
The deed grroB to the
said J. Matthewi ihall
fint be raireadered.
Chapter XVIIl*
An act fat the reUef of Eliza Thompson and El^sa Anne Eleanor ChUe.
[Paiaed March 26, 1898.]
Wrebsas Eliza Thompson, widow of the late Timothy Thompson, of Fredericksburgh,
tesquire, deceased, hath by petition set forth, that her late husband, together with herself
and family, have been resident on lot number three in the first concession of the town*
ship of Fredericksburgh, since the year one thousand seven hundred and ninety-six, and
have made great improvements thereon, and that long prior to the death of her said hus-
band, it was understood that the said lot had many years since been purchased and paid
for by him, from his uncle the late Samuel Thompson, the original grantee thereof, but
that since the death of the said Timothy l^ompson, no conveyance could be found among
the papers of the said Timothy Thompson for the same, and that since the death of her
said husband, she has learnt, by advertisement in the public papers, that the said lot has
been forfeited as the property of the said Samuel Thompson, an indicted and outlawed
traitor during the late war with the United States of America, and that upon application to
the commissioners of forfeited estates, they have decided that they have no power to grant
relief, and that by the will of the late husband she has been left a life estate in the said pre-
mises, with the remainder in fee to Eliza Anne Eleanor Clute, her grand-daughter ; and
whereas it is necessary and expedient that relief should be granted in the premises ; be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constitu-
ted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, ^ An act for making more effectual provision
for the government of the province of Quebec, in North America, and to jnake further
provision for the government of the said province,' " and by the authority of the same.
That it shall and may be lawful to and for the said commissioners of forfeited estates, and
they are hereby authorized and required, at their next or any subsequent meeting after
the passing of this act, to receive the claim of the said Eliza Thompson, in behalf of
herself and her said grand-daughter, to the said lot of land, and decide thereupon, upon
such testimony as may be brought before them ; and if in addition to the long possession
of the said Timothy Thompson, other reasonable evidence is adduced to satisfy them, or
a majority of them, that the said Samuel Thompson had conveyed or intended to convey
the said land to the said Timothy Thompson, having been either wholly or in part satisfied
for the same ; then it shall be lawful for such commissioners to decree the said lot to such
claimants as aforesaid, according to the terms of the will of the said Timothy Thompson,
and to do and execute whatever may be necessary for vesting the property in such claim-
ants, pursuant to such decree.
Commiiiioners for for-
feited estates aathoria-
ed to recetTo the claim
of Eli za Thompion and
Eliza Anne Eleanor
Clnte to aeertaia eatate
forfeited under an in-
quiiition againit Sam-
uel Thompton.
Power and duty of tbe
cummiaaionen in it-
gard to inch claim.
Digitized by
Google
4T«
/Q. 19.~Nurra Ymjla or Gjbqxm: IV.— *18t8.
IFOVMS
{8MlttWiLiy,ef0,
IoMiB|r hitt jSS,0OO to-
wanUltf eomptetion.)
Authority gifsen to W.
ChifholA, etqaire, hif
hoirs, ke. to coiMtruet
a batlwr ot the month
of the Sixteen-Biile
Creek, is Trafalgar.
With pien, whairei,
to le^ytoO.
Bates of t(^
Remedy for eompellins
pajmeat of tollg ana
CllJipl;^ XIX.
An act to enable WUliam Chisholnij ciqtitre, to erect a harb&f at the Stxteen-MUe creek^
in the township of Trafalgar y in the Gore district.
[Paised March 25, IfflS.]
Whereas the construction of a harbor at the entrance of the Sixteen-Mile creek into
lake Ontario, in the township of Trafalgar, in the district of Gore, would be of great ad-
vantage to the owners of vessels navigating the said lake, as well as to persons in general
living in the adjacent country ; and whereas William Chisholm, esquire, the owner of the
land on both sides of the said stream, near the mouth, where the said hsu^or can alone be
constructed, haUi, by his petition to the different branches of this present pcgrfiunen^
prayed that permissijon be granted to him bv a legislative enactment, to construct a baxbor
at the mouth of the said creok, upon hemg allowed a reasonable toll upon goods and
other commodities p^eeing into or out of the same ; be it therefore enacteci by the King's
most excellent Majesty, by and with the advice and consent of the leoslative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled^ "An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ^ An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the 3aid
province,' '' and by the authority of the same. That it shall and may be lawful for the
said William Chisholm, his heirs, executors, and assigns, within five years from the pass-
ing of this act, to construct a harbor at the place aforesaid, which shall be accessible to,
and fit, safe, and convenient, for the reception of such description and burthen of vessels
as commonly navigate the said lake ; that it shall and may be lawful for the said William
Chisholm, his heirs, executors, and assigns, to erect and build all such needful moles,
piers, wharves, erections, buildings, and edifices, as shall be useful and proper for tbe pro-
tection of the said harbor, and for the accommodation of vesseb entering or lying within
the same.
II. And be it further enacted by the authority aforesaid. That as soon as the said har-
bor shall be so far completed as to be capable of admitting the free passive of vessels into
the same, the said William Chisholm shall haye full power and authority to ask and
demand toll, as hereinafter mentioned.
III. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the said William Chisholm, his heirs, executors, and assigns, to ask, demaDd,
and receive toll of and from all and every master, owner, or person in charge, of any
vessel or boat, passing into the said harbor ; and also on any goods, wares, or oonunodities,
loading or unloading within the same, according to the rate following, that is to say:
RATE OF FEES.
Pot and pearl ash, per barrel, four pence.
•Salt pork, beef, and whiskey, per barrel, three pence.
Flour, per barrel, tw6 pence.
Lard and butter, per barrel, three pence.
Lard and butter, per keg, one penny.
Boards, per thousand feet, one shilling and three pence.
Lumber, per thousand feet, board measure, one shilling and three pence^
Pipe staves, per thousand, ten shillings.
West India, ditto, two shillings and six pence.
Wheat, and all other grain, for exportation, per bushel, one penny.
Merchandize, per barrel bulk, nine pence.
Merchandize, per hundred weight, three pence.
Boats under twelve tons, one shilling and three pence.
All boats or other vessels under ten tons, burthen free.
Boats and vessels above twelve tons, and under fifty, two shillings and six pence.
All vessels over fifty tons, five shillings.
All other articles of merchandize, not here enumerated, per barrel bulk, nine pence.
All other articles of merchandize, not here enumerated, per hundred weight, three
pence.
IV. And be it further enacted by the authority aforesaid. That if any person or persoes
shall neglect or refuse to pay the tolls or dues to be collected under this act, it shall and
may be lawful for the said William Chisholm, or his agent, to receive such tolk or dues,
to seize and detain such vessel or boat, or the goods on which the same were due and
payable, until such dues shall be paid ; and if the same shall remain unpaid for the space
of thirty days after such seizure, the said William Chisholm, or his agent, shall be at
liberty to sell and dispose of the same, or such part thereof as mayfie necessary to pay
Digitized by VrjiJOV LC
NlHTB PaB^UWBNT.]
C. 20.— Ninth Year of Gjboroe IV*— 1828.
477
the said toll or dues, bj public auction, after ten days' public notice, returning the ovei*-'
plus, after deducting costs and charges, to the owner or owners thereof.
V. And be it further enacted by the authority aforesaid. That the legislature of this
province shall be at liberty, at any time beyond the space of thirty years, to purchase the
entire estate, property, and use of the said harbor, from the said William Chisholm, his
heirs and assigns, by paying to the said William Chisholm, his heirs and assigns, the
estimated value of the works so erected by him the said William Chisholm, his heirs and
assigns, at the time that they shall be so purchased, to be ascertained by arbitration of
three persons, one of whom shall be appointed by the governor, lieutenant governor, or
person administering the government of this province, another by the said William Chis-
holm, his heirs or assigns, and a third by such two arbitrators, together with twenty per
cent advance thereupon, to the credit of which payment all revenue exceeding twenty
per cent, upon the said bona fide Expenditure, and over and above the expense of main-
taimng and repairing' the said harbor shall be charged and taken; and it is also hereby
provided and declared, that if any deficiency of the said twenty per cent, annual profit
should occur in the receipt of the tolls or dues of the said harbor, as hereinbefore esta-
blished, such deficiency shall be also charged against the increasing revenue of the
subsequent years, so that the said William Chisholm, his heirs and assigns, may fairly and
actually receive the sum of twenty per cent, on the capital expended for the whole time
for which he or they shall have been in legal possession and enjoyment of the said harbor.
VI. And be it further enacted by the authority aforesaid. That whenever the said tolls
shall, in the annual receipts, exceed in amount a sum sufficient to defray the expenses of
maintaining and repairing the said harbor, and to afford an annual income to the said Wil-
liam Chisholm, hb heirs and assigns, of twenty per cent, profit upon the capital actually
expended in the construction of the said harbor, from the time of the commencement of
its use by vessels as aforesaid, then, and in such case, the increasing surplus revenue of
the said tolls^shall be charged against the said William Chisholm, as so much by him
received in the nature of a sinking fund, by means whereof to purchase from the said
William Chisholm, his heirs and assigns, the entire estate, use, and property of the said
harbor, or with the wharves, piers, and other appurtenances, to and for the use of the
public, in such manner and form as the legislature of this province may hereafter provide.
VII. And be it Airther enacted by the authority aforesaid, That the said William Chis-
holm, his heirs and assigns, shall at any time, when so required by either branch of the
legislature, furnish a true and correct copy, verified upon oath, of the imports and exports
into and out of the said harbor, and of the tolls and dues levied and collected on the same ;
and that after the first day of January, in the year of our Lord one thousand eight hun-
dred and (hirt j-eight, the rate of tolls to be charged and taken by the said William Chis-
holm, his agent or agents, at the said harbor, on all goods imported into or exported
therefrom, shall be subject to the regulation of the legislature of this province.
VIU. And be it further enacted bj the authority aforesaid. That this act shall continue
in force for the space of fifty years from the time of the passing thereof, and from thence
to the end of the then next ensuing session of parliament, at which time the estate, right,
title, tolls, and rates, of the said harbor, together with the piers, wharves, waters, and
navigation thereof, shall vest in his Majesty, bis heirs and successors, to and for the public
use of this province, and at the disposition of the parliament thereof, unless otherwise
provided for by any act of the legislature for that purpose at any time hereafter enacted.
After Uiirty yoats, Um
legwUtttre nay pnr-
chaie the entire eatate
in Uie harbor, &e. apon
an estimatioo of the
vidne.
To-be settled byiurbi-
tration, and twenty per
cent advance upon
•neb value to be ^d
in addition.
Any excel! of toUa a-
bove twenty per eeat.
on the amount expend-
ed, which W. Chis-
holm shall have reeeiv
ed during the period,
•hall be taken into ae-
eonnt as part of the
sum to be paid him,
and ereditea to the
public aecordingly.
fixeessof the tolls a«
bove twenty per eent.
on the capital mvested,
shall be regarded as a
sinking fund, to mom^
mnlateforthe puiposft
of purchasiaiK the su4
hanx>r, for toe public '
Wm. Chishohoi to ae-
count.
AAer Januaiv 1, 1S88,
the tolls may DC further
regulated by tiie legis-
lature.
Act to be in force for
fifty years, at the end
of which period the
harbor and all right to
tolls. Ice. shall vest in
his Majesty.
Chapter XX.
An act for emAling WUKam Warren Baldwin^ esquirej to carry itUo effect the urill of
the late Laurent Quetton Saint George^ and for other purposes relating to the real and ^^ ^ ^'^ *^' •
personal estates tohich taere of the sekd Laurent Quetton Saint George,
[Besenred for his Majesty's consent, which was not given within the time allowed by Uw.] *
All Act,
To secure to and confer upon certain inhabitants of this province^ the civil and political
rights of natural bom British subjects.
[Assented to by hia JVlajcsty in cuimciJ, May 7th, 1828. J
VVhsksas it is expedient to remove by law doubts that may have arisen as to the civil
rights and titles to real estate of some of the persons hereiuafter mentioned, and to pro-
vide by some general law for the naturalization of such pcrbons not being by law entitled
to be regaurded as natural born subjects of his Majesty, as are actually domiciled in this
60
Preamble.
Digitized by
Google
478
Ninth Year of Gborob IV. — 1828.
[POUBTK SKSBlOir,
CerUin descriptions of
persoDs admitted to,
Mid confirmed in the
pririleget of British
birth.
Their children or de-
seendnnts.
Oath of allegiance re-
quired.
All persons domiciled
in this proTin<
1st of March, 1828, and
»roTince on the
residing seren years, to
be deemed sabjects.
Oath to be taken, or
(Period for taking the
oath extended to four
▼can from KHh March,
1881, and to the end of
the ensuing session.
See 1st Wa. IV, c8,
.2.)
False swearing, per-
juiy.
province;* be it therefore enacted by the King's most excellent Majesty, by and with
the advice and cdnsent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, * An act for making more
effectual provision for the government of the province of Quebec, in North Ameriea, and
to make further provision tor the government of the said province,' " and by the authority
of the same. That all persons who have at any time received grants of land in this pro-
vince from the crown, and all persons who have held any public office in the province,
under the great seal or privy seal of the province, or under the sign manual of the governor,
lieutenant governor, or person administering the government of the province, and all
persons who have tsJccn the oath of allegiance, or being of the persons who by the laws
of this province are allowed to affirm in civil cases, have made the affirmation o( allegiance
to his Majesty, or his. Majesty's predecessors, before any person duly authorized to admi-
nister such oath or affirmation, and all persons who had their settled place of abode in this
province before the year of our Lord one thousand eight hundred and twenty, and are
still resident therein, shall be, and are hereby admitted and confirmed in all the privileges
of British birth, and shall be deemed, adjudged, and taken to be, and so far as respects
their capacity at any time heretofore, to take, hold, possess, enjoy, claim, recover, convey,
devise, impart, or transmit, any real estate in his Majesty's dominions, or any right, title,
privilege, or appurtenance thereto, or any interest therein, to have been natural bom
subjects of his Majesty, to all intents, constructions, and purposes, whatsoever, as if they
and every of them had been born in his Majesty's united kingdom of Great Britain and
Ireland, and that the children, or more remote descendants, of any person or persons of
either of the foregoing descriptions who may be dead, shall be, and are hereby admitted
to the same privileges which such parents or ancestors, if living, could claim under this
act: Provided, nevertheless, That no one (except females) of either of "the above de-
scription of persons who has not taken the oath, or being of those persons who are allowed
by the laws of this province to affirm in civil cases, has not made the affirmation of alle-
giance before some person duly authorized to administer the same, shall be entitled to the
benefits of this act, unless he shall take the said oath or affirmation (as the case may be)
before some person duly authorized to administer the same.
II. And be it further enacted by the authority aforesaid, That all persons actually
domiciled in this province on the first day of March, one thousand eight hundred and
twenty-eight, not being of either of the descriptions of persons before mentioned, who
shall have resided, or shall continue to reside therein, or in some other part of his Majes-
ty's dominions, until they shall have been resident inhabitants of his Majesty's dominions
for the space of seven years continually, without having been during that time stated
residents in any foreign country, shall be deemed and adjudged, and taken to be, and so
far as respects their capacity at any time heretofore, to take, hold, possess, enjoy, claim,
recover, convey, devise, impart, or transmit, any real estate in this province, or any right,
title, privilege, or appurtenances thereto, or any interest therein, to have been natural
born subjects of his Majesty, to all intents, constructions, and purposes whatsoever, as if
they, and every of them, had been born within this province : Provided, nevertheless.
That no one of the persons described in this clause (except females) who at the passing
of this act has been resident in his Majesty's dominions seven years continually as afore-
said, shall be entjtled to the benefits of this act, unless within three years from and after
the passing of this act, if at the said passing of the act, he shall be of the age of sixteen
years or upwards, (or if he shall not at the said passing of the act be of the said age, then
within three years after he shall attain the said age,) he shall take and subscribe the oath
in the schedule to this act annexed, marked j1., or being of those persons who are allowed
by the laws of this province to affirm in civil cases, shall make affirmation to the same
effect, before the register or deputy register of some county in this province, and that no
one of the persons described in this clause, who has not been resident as aforesaid seven
years continually in his Majesty's dominions, shall be entitled to the benefits of this act,
unless within three years after he shall have completed a stated residence of seven years
continually, as aforesaid, in his Majesty's dominions, (if at the completion of such resi-
dence he shall be of the age of sixteen years or upwards, or if at that time not of that age,
then within three years after he shall have attained that age,) he shall take and subscribe
such oath, or make such affirmation.
III. And be it further enacted by the authority aforesaid. That any person who shall
wilfully swear falsely, or make false affirmation in making said oath or affirmation before
the register or his deputy, under the provisions of this act, shall be deemed guilty of
wilful and corrupt perjury, and that every such person shall, on conviction thereof, forfeit
all the privileges and advantages which he would otherwise by such oath or affirmation
Digitized by
Google
Niam Pabliambnt.]
NnfTH Ykar of GeorosJV. — 1888.
479
•erred.
in case ef 1<m« of regie-
Extract of register to
be eridence.
Bi.'
igiiter
I Dooks
on oath.
Terify
have been entitled to under this act ; but that the rights of others in respect to estates ^^ '^i^^ of otiiert
derived from or held under such persons, shall not be thereby prejudiced. £!lbyf ^ P'^**"*^
IV. And be it furtBer enacted by the authority aforesaid, That the register of each and Re • tew m admi.
every county in this province, or his deputy, shall administer the oath or affirmation by niiter ^e «lthi, and
this act required, to any person above the age of sixteen years who shall desire to take •i»«Wkeepregii.tere.
the same, and shall keep books of registry, in the beginning of which shall be written the
oath and affirmation required by this act, and which shall contain the columns and speci-
fications described in the second schedule to this act annexed, marked J?., and that in the
column appointed for that purpose, the person making the oath or affirmation shall set his
signature, or if unable to write, his mark, in the same line of the register in which entry
is made of the name and description of such person.
V. And be it further enacted by the authority aforesaid^ That duplicate books of such Duplicate regist«r»to
registry shall be kept, both of wfiich being original, shall contain the actual signatures or ^Jj^^ *"** *^^ P"'
marks of the person subscribing, and that on or before the thirty-first day of December, '*'"'^
in each and every year, the register shall transmit one of the originals thereof to the sec-
retary of the province, for the time being, and that the said books of registry shall remain
ajod be preserved as public records in the said offices respectively.
VL And be it further enacted by the authority aforesaid, That if from any casualty or
otherwise, either of such original registers, or any part thereof, shall be lost or destroyed, ^' ^°^ ittppUed.
it shall be supplied by a copy taken from the other original of such register, remaining in
the office of the register or secretary of the province, (as the case may be,) and attested
as a true copy upon the oath of the officer having custody of the same, made before any
commissioner for taking affidavits in the court of king's bench, which copy so attested
shall be regarded to all intents and purposes as the original register.
VII, And be it further enacted by the authority aforesaid. That a copy or extract from
any book of registry, made under the authority of this act, of the whole entry made in
such register, with respect to any person whose name is recorded therein, and certified by
the register or by the secretary of the province, for the time being, or their respective
deputy or deputies, shall be deemed and taken to be sufficient evidence of the naturaliza-
tion of the person therein described.
VUL And be it further enacted by the authority aforesaid. That whenever any register
shall transmit any book of registry to the secretary of the province, as hereinbefore pro-
vided, he and his deputy, if he shall have a deputy, shall at the end of such book of
registry verify the same on oath, to be taken before some one of his Majesty's justices of
the peaee,in which the said register and bis deputy shall severally depose that to the
best of his or their knowledge and belief, such book of registry forms a true and correct
record of the statements made to him or them by the several persons therein described,
and which they severally verified by oath or affirmation taken before him or them.
IX. And be it further enacted by the authority aforesaid, That after the first day of
January, in the year of our Lord one thousand eight hundred and fifty, no further oaths
shall be administered, or proceedings had, for the purpose of being naturalized under this
act.
X. Provided always, and be it further enacted by the authority aforesaid. That if any
person to whom it shall belong to attest the truth of any such record, shall neglect or
omit to attest the same in manner aforesaid, he shall forfeit and pay the sum of two hun-
dred pounds, to be recovered by information in his Majesty's court of king's bench ; but
such omission shall not prejudice the right of any person who may have taken the oath
or made the affirmation required by this act, or preclude him from receiving a certificate
or extract, according to the provisions thereof.
XI. And be it further enacted by the authority aforesaid. That a general alphabetical Alphabetical lutt
list shall be made and kept by the secretary of this province, and by the several registers,
of the sir names and christian names of all persons whose names and descriptions are
recorded in the several books of registry, referring to their place in such books respec-
tively, and that such list and books shall be open at all times to inspection, during the
hours of business in such office, and that any person desirous of searching in the said list
or books, shall pay to the officer keeping the same, one shilling, for each person whose Fee for leaivh.
name he shall desire to search for.
XII. And be it further enacted by tha authority aforesaid, That for administering the
oath or affirmation as aforesaid, making the entry required by this act, and giving a certified
copy or extract of such entry, the register or his deputy shall be entitled to demand and
recover from every person making such oath or affirmation, the sum of one shilling and ;^**''
three pence ; and that the register and secretary of the province, and their respective
deputies, shall be entitled to demand and receive for searching and giving such extract at
any other time, the sum of one shilling ; and that no more or other fees than are expressly
allowed by this act shall be demanded or received for any services done under this act,
by the register or by the secretary of the province, or their respective deputies.
Digitized by
No proceedings to be
had under this aet after
18G0.
Penalty for omitting tQ»
▼erif J record.
Book* to be left open
for inspeetioB.
Google
480
NnrrH Ykas or Gsosok iy.-^l8S6.
oan be iiatm«li>ed ttn-
d»lldi«el.
Acta reiMCting clisi-
bilitytotlie auenoiblT,
<Hr64th G«o. Ill, c9,
Dot to bo affected by
tbu act.
"-^
i-
Remedy with respect
td ettatea held by
ftliens, or derived thro'
aliens.
Exceptions in certain
cases.
XIII. And be it farther enacted by the authoritT aforesaid^ That If any pemcm, not
entitled to be regarded as a natural bom subject of his Majesty^ who at the time «f the
passing of this act was domiciled in this province, shall die b^br« thfe period limited by
this act for his taking the oath, according to the provisions thereof, such potoD cfaaM be
nevertheless deemed to have been a natural bom subject of his Majesty, so far as teganb
the taking, holding, imparting, and transferring of any real estate, by grant, iiiaina§^
dower, devise, or inheritance.
XIV. And be it further enacted by the authority aforesaid, That nothiiig in this act
contained shall be taken to repeal, or in any manner alter or aJQfeet any statute passed bj
the legislature of this province, respecting the qualification of voters for members to serve
in the assembly of this province, or the eligibility of members to serve in the said assem-
bly, or in any manner to affect or interfere with a certain act of the legislature of this
province passed in the fifty-fourth year of his late Majesty's reign, entitled, ^^An act to
declare certain persons therein described, aliens, and to vest their estates m hb Majesty,''
or with any proceedings had thereupon, or to repeal any laws now in force in tUs pn>*
vince for the naturalization of foreigners.
XV. And be it further enacted by the authority aforesaid, That from and after the
Kssing of this act, no person shall be disturbed in the possession, or shidl be predoded
>m the recovery, of any lands, tenements, or hereditaments, in this province, on the
ground of bis or her being or having been an alien, or on the ground of any person fioin
or through whom he or she may claim, being or having been an ali^i, provided thepenoa
against whom such disability shall be so objected, being a female, waa resident in this
province on the twenty-sixth day of May, in the year of our Lord one thousand e^
hundred and twenty-six, or being a male, was resident in this province on the said twenty-
sixth day of May, and was then actually under the age of sixteen years.
XVI. And be it further enacted by the authority aforesaid, That in all cases where any
person claiming to hold as next entitled, on acoount of any person nearer in the iiae of
descent having been an alien, shall in virtue of such claim have taken actual possession
of any real estate, before the said twenty-sixth day of May, and have made improvemei^
thereon ; and also, in all cases where any person claiming to hold as next entitled, on
account of the person nearer in the line of descent having been an alien, shaii have actu-
ally sold or departed with, or shall have actually contracted to sell or depart with his real
estate, before the said twenty-sixth day of May, no person being at that time in adverse
possession of the same ; the provisions of this act shall not extend to render invalid any
right or title to such estate, but such right or title shall be taken and adjudged to be as lif
this act had not passed.
Sehodules.
I do swear, [or being one of the persons aHowed by law to affirm m ciril eases, do affirm,] that I kaTe resided serea
jears in his Majesty's dominions, without having been durinv that time a stated resident in any foreign ooomtxy, and tkst I
will be faithful and hear true allegiance to the Sovereign of tne united kingdom of Great Britun and Ireland, and of this
province, as dependent thereon.
NAME.
PRESKNT RE8I-
DXNCX.
ADDITIOIV, DEGREE,
OCCUPATIOlf.
BXOltATUIUB.
DATE OF nli-irUMBCR Or K!f-
oxsTftv. rav.
Digitized by
Google
Ftrsi Session of the tentb Provineial Parliament.
MST AT TORE, ON THE CIGEITH DAT OF JANUARY, 1829, AND PROROGUED ON THE TWENTISTB
DAT OF HARCR, IN THB TENTH TEAR OF THE REI«N OF GEOROE IV.
SIR JOHN COLBORNE, K. C B., LIEUTENANT GOVERNOR.
AiUio Domini IgftO,
Chapter I«
jAn act to provide far the admission of the evidence of Quakers^ MenomistSj Tunkers^
und Moravians^ in criminal oases.
[PMied Blareh 20, 1829.]
Wherkas the administration of the law in criminal proceeding is much impeded hj
reason that the evidence of persons belonging to certain religious sects, who from scrmdes
of conscience decline taking an oath, cannot be received, to the impunity of ofiendersi
and the consequent encouragement of crime ; for remedy whereof, be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtae of and under the auUiority of an act passed in the parliament of
Great Britain, entided, '^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
gOFernment of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That from
and after the passing of this act, every Quaker, Menonist, or Tunker, or person being a
member of the church or congregation known by the name of ^' Unitas Fratrum," or the
United Brethren, sometimes otherwise called the Moravian church, in any criminal case
in which an oath is required by law, or upon any lawful occasion whatever in the admi«
nistration of the law, for the prevention or punishment of ofiences wherein the oath of
any persons can be admitted, may make his or her affirmation or declaration in these words
following, that is to say : ^^ I, A. B., do solemnly, sfncerely, and truly declare and affirm,"
having first made the following declaration or affirmation, viz : '^ I, A. B., do solemnly,
sincerely, and truly declare, that I am one of the society ealied Quakers, Menomsts,
Tunkers, or Unitas Fratrum, or Moravians," (as the case may be ;) which affirmation or
declaration as aforesaid, of any Quaker, Menonist, Tunker, or person being of the said
church or congregation called Moravians or United Brethren, shall be, and is hereby
declared to be, of the same force and effect to all intents and purposes, in all courts of
law or other places .where by law an oath is or shall be allowea, authonzed, directed, or
required, for the purposes aforesaid, as an oath taken in the usual form ; and all and every
person and persons who is or are or shall be authorized or required to administer any
oath for any of the purposes aforesaid, by any law now in force or hereafter to be made,
although no express provision is made for that purpose in any such law, shall be, and is
or are hereby, required to administer such affirmation or declaration.
II. And be it further enacted by the authority aforesaid, That if anj jperson making
such affirmation or declaration shall be lawfully convicted of having wilfully, falsely, and
corruptly affirmed or declared any matter or thing, which if the same had been deposed
in the usual form upon oath, would have amounted to wilful and corrupt perjury, every
such person so offending shall incur and suffer all the pains, penalties, forfeitures, and
disabilities, which by the laws now in force are to be inflicted on persons convicted of
wilful and corrupt perjury.
III. And be it further enacted by the authority aforesaid. That no Quaker, Menonist,
or Tunker, or person belonging to the society of United Brethren or Moravians, shall by
virtiie of this act be qualified or permitted to serve on juries, in criminal cases.
Preamble.
I^mken, Meiumitti;
Tankers, and Moravv^
ani admitted to ^re
eTidence in erimual
Ttm^ of-affinMtfion.
Pretiout declaration.
Eridenee sa given to
haye the aame offect aa
if cm oath.
All penoL
to administer oaths in
criminal casea may
take affirmations.
Perjurjr may be assign-
ed on talse affirmation.
Persons admitted to
affirm under this act
not to serve on juries
in criminal cases.
Digitized by
Google
4S»
C. 2, S.— TsNTB Ybab of GiiDROB IV.— 1829.
[FiMT Sasttov,
Jnitieefl nMyinae de-
Det— lion not ta ex-
ceed four dayi.
Thb Qrael
affidarit
be med beCon
ad retponden-
Sheriff most reeeiTe
debton to detained,
a&d keep them in gaol,
bat not longer than for-
ty-eight houn^
Act limited to «wo
yean, Ice.
Form of affidaTit for
detaining wairant
Fona of the warrant
Feet aOoired.
Chapter II.
An ad to authorize the detention of dMors in certain cases.
[Patted Mareh 70, 1829.]
Whereas from the delay and inconvenience to which creditors are at present hj law
in many cases subjected, in procuring the necessary process for the speedy arrest of
debtors, such debtors are enabled to escape without being arrested, it is therefore expedient
to provide some more speedy and effectual method of proceeding for the detention of
debtors about to leave the province ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,"*
and by the authority of the same. That from and afler the passing of this act, it shall and
may be lawful for any of his Majesty *s justices of the peace, upon affidavit made before him,
to issue his warrant, under his hand and seal, and cause the defendant to be arrested and
detained until he can be served with a prrrpcr process of the court in which the plaintiff
may intend to proceed with his suit for the recovery of his debt;^,which affidavit shall be
made by the plaintiff, his, her, or their servant, clerk, or agent, and may be in the form
hereinafter mentioned, or to a similar effect, intent, or meaning: Provided, nevertheless,
That the time of such detention by virtue of such warrant, shall in no case exceed the
space of four days, and that nothing in this act shall extend, or be construed to extend, to
dispense with the necessity of filing the usual affidavit required by law, previous to the
writ of capias ad respondendum issuing from the office of the clerk of the crown, or his
deputies, or from the clerks of the several district courts in the respective districts.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful,
and each and every sheriff is hereby required in every district where such warrant of the
justice of the peace shall so have issued, to receive such debtor so arrested and detained
by any constable, into his custody, at the gaol of the district, and the said debtor detain,
for any period not exceeding forty-eight hours.
III. And be it further enacted by the authority aforesaid, That this act be and remain
in force for the space of two years, and from thence to the end of the next ensuing session
of parliament, and no longer.
Fonn of tl&e Afidavit«
Diitriet, towit:
A. B. of the township of in the district, makcth oath and saitb, that C. D. is justly and truly indebted (p
him or her, this deponent, [at the case may be,] in the sum of £ of lawful money of Upper Canada ; and dewmeiit
further taith, that he or the is apprehentive that the taid C. D. wiU leare thit proyiace without aatis^i^ the said dcht,
before the regular process can issue to hold him to bail, and that he or she does not sue out process from any rexatioas or
malieioot motiye whatsoever. Sworn before me, at in the district, thit day of 18
Form or tlio Warrant*
To a eonttaUe of the district of
Thete are to command and require you, to take into your custody, C. D., and his person detain in tecurity until tlw
expiration of four days from the time of actual arrest, A. B. navlng made oath before me, as a justice of the peace, that the
taid C. D. it indebted to him in the sum of £ and for to doing, this shall be your sufficient anthority.
E.F. (L.ff.>.
Dated at in the district of thit day of 18' J, P:
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the persons hereinafter mentioned to demand and receive the following fees,
and no more :
Justices of the peace, for each affidavit, two shillings and six pence.
For each warrant, two shillings and six pence.
Constable apprehending debtor, two shillings and six pence.
Every mile of travel, four pence.
For actual detention in charge, per diem, five shillings.
Preamble.
Cliaptcr III.
An act the better to protect the Mississagairibes^ living on the Indian reserve of the river
Credit y in their exclusive right of fishing and hunting therein.
[Patted March 20, 1820.]
Whkreas heretofore the principal chiefs and warriors of the Mississaga Indians, that
is to say, Chechalk, Osenega, Acheton, and others of the said chiefs, for themselves and
their people, did sell, make over, and surrender, by several deeds registered in the office
of the secretary of the province, to his Majesty, King George the Third, his heirs and
successors, divers large tracts of land lying between the river Etobicoke and the head of
Digitized by VnOOVJ LC
T^KTH PABLlAMSm:'.]
C. 3.— Tenth Yeak of George IV.— 1829.
48S
llic lake Ontario, reserving to themselves, their people, and their posterity forever,
amongst other portions of the said tracts, a certain parcel thereof on the river Credit,
csLlIed in the Indian language the river Mazenahekasepa, with the sole right to the fishe-
ries therein, which parcel of land so reserved is, in the office of the surveyor general,
described as follows, that is to say ; commencing in the southern boundary of the said
^•eserve, at a large white oak squared post, planted by Mr. Wilmot, deputy surveyor, in
the year one thousand eight hundred and six, standing on the bank of lake Ontario, one
mile southwesterly from the said river ; thence north sixty-nine degrees west, sixty-three
chains, thirty-one links, more or less, to where the said boundary line forms the first angle ;
thence south sixty-four degrees west, one hundred and ninetj-one chains, more or less,
to virhere the said boundary line forms the second angle ; thence north, forty-five degrees
livest, twenty chains, more or less, to within the distance of fifty chains of the eastern
limit of Dundas street ; thence north, thirty-eight degrees east, parallel to Dundas street,
three hundred chains, more or less, to the intersection of the said line with the northern
boundary line of the said reserve, produced on a course north sixty-nine degrees west,
from a squared white oak post, planted in the year one thousand eight hundred and six,
hjr the said deputy surveyor, piled with stone, near the bank of lake Ontario, one mile
from the river Credit, at right angles from the general course to the first bend of the said
river, which is north sixty-nine degrees west ; thence along the said northern boundary line
on a course south sixty-nine degrees east, one hundred and eighty-five chains, more or less,
to lake Ontario, at the last mentioned squared post ; thence along the water's edge of the
said lake to the place of beginning, containing four thousand acres, more or less ; and
ivhereas the tribe of the said Mississagas living on the said river Mazenahekasepa, or
Credit, have by petition to his excellency sir John Colborne, complained of many unwar-
rantable disturbances, trespasses, and vexations, practised by divers idle and dissolute
fishermen, and others, upon the said reserved parcel of land and fishery aforesaid, thereby
unjustly diminishing the source of their subsistence, wantonly destroying fish and game^
and setting evil examples by their rudeness and ill manners towards the said worthy and
unoffending people ; and it is necessary to prohibit such unwarrantable disturbances, tres-
passes, vexations, and evil example, in order to preserve to the said Mississaga people the
quiet and peaceable enjoyment of their said land and fishery, and the rights and privileges
thereunto belonging ; be it therefore enacted by the King^s most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North Ame-
rica, and to make further provision for the government of the said province,' " and by
the authority of the same, That if, after the passing of this act, any person or persons
whatsoever, against the will of the said Mississaga people, or without the consent of three
or more of their principal men or chiefs, shall hunt or fish in any way, mode, or manner,
whatsoever, for fish, or game, or fur, of any kind, upon the said reserved parcel of land
and waters thereof, such person or persons so offending shall be liable to be taken by one
of the principal men of the said Indian people, and one of the sworn constables of the
said district, before any one of his Majesty's justices of the peace, convenient to the
said reserved parcel of land, and being convicted by the oath of one or more creditable
witness or witnesses, before such justice of the peace, shall be committed to prison in the
next gaol, there to remain for a space of time not less than one, nor more than three days ;
and the fish, flesh, game, and fur, taken with the offender, shall be deemed to belong to
the Indians arresting and taking such offender ; and the boat, skiff, canoe, net, spears,
light-jacks, traps, springs, or other craft or implements in the possession of the offender at
the time of the offence, or set, placed, laid, moved, or otherwise used by him in hunting
or fishing on the said reserved land, and the waters thereof, against the provision of this
law, shall be liable to be seized and taken by the said Indian people, and held and taken
to be public property of the said Indian tribe, disposable at the discretion of their princi-
pal men or chiefs,* for the public benefit of the said tribe.
IL And whereas it may be necessary to obviate all doubt or ignorance of the extent of
the said right of fishing so necessary to the existence and support of the said Indian tribe
living on the said river Mazenahekasepa, or Credit ; be it therefore enacted by the autho*
rity aforesaid. That the said right to the sole fishery aforesaid shall be held and taken to
extend through the entire stream, from Racey's line down its course, to its mouth, and
from thence one mile into lake Ontario, occupying such, a space thereon as may be sup-
posed to be included in the segment of a circle, having the middle of the said river at its
mouth as the centre, and the distance thence to the eastern boundary where it touches the
shore as its radius, whereby to describe the said segment from the' east to west bounda-
ries thereof on the shore as aforesaid: Provided always, nevertheless. That nothing
Digitized by
B«aerre mad« fortbe
Mittiiiaiiga Indiaaf oa
tbe rirer Crodit, witk a
right of fisbecy.
Bcundaries of fvoli n-
•erralion.
FetiUoB of tiie «aid la-
Pcnona rutiained
from bunting or fuhing
on the said reaerration,
without^ content from
the Indians.
Penalty.
Mode of conviction.
ImfMnaoBinent of offea"
den.
Forfeitore of nteaitlt
used in hunting or fish-
ing*
How to be disposed of.
Limits defined within
which such exclusiTe
privilege is to be enjoy-
ed by the Indians.
Google
G. 4, a^TurCH Ybab or Gsobos IV.— 18S9.
£FiBaT SjB89ia«,
'W* 1^ not td take
flUBMj ibr cxffeneei
eommitted tcaiatttiie
Hm liriTileges hereby
mated not to olwtraet .
umTellMrs on public
]iigiiw«7«, OB the free
MTiigatioB of the riTer.
hereiii eootunod sball extend, or be coiutrued to extend, to take away or in any mse
din^nish, the eommon law rights and remedies, which the said Indian people may at auj
time be desirous of availing themselves, as other subjects <^ his Majesty within this pro-
vince, in protection of their lands from trespass, waste, or other damage whatsoever;
neither shall any thing herein contained extend, or be construed to extend, to prevent or
in any wise to obstruct any of his Majesty's subjects, in travelling, passing, and repassiDg,
by themselves, their teams and carriages, by and along any public highway or road now
or hereafter laid out by lawful authority, in or over any part of the said reserved land,'
nor to prevent or in any wise to obstruct any of his Majesty's subjects with their vessels,
boats, and rafts, to navigate freely the said river and waters, for the purposes of trade or
otiber lawful occasion.
IIL And be it further enacted by the authority aforesaid, That this- act shall continue
in force for four years, and from thence to the end of the then next ensuing sessicn of
parliament, and no longer.
(Referniir to 48th Geo.
III, c 10, end 4Ui Geo.
IV, c 7.)
Preamble.
Cooimusloncrs for ta-
king sUtdaTitfl in the
khiPi benoh, mey take
■AdRYitt relative to
^laimi under heir and
deriaee acta.
Fdf e aweariaj; in such
case, made pei^ury.
F— for takiw
Tit.. ^^
CbApter IV.
An act to ajgtord greater facUUy in procuring testimony upon ctaim» to landa in this
province^ by the heira or demseee of the original nonUneea of the crotM, or their at-
Hgnees.
[Paued March ao. 1829.]
Whbrbas under the several acts now in force in this province to afford relief to those
persons who may be entitled to claim lands in this province, as heins or devisees of the
original nominees of the crown, or their assignees, when no patent has been issued, it i§
doubtful whether the governor, lieutenant governor, or person administering the govern-
ment of this province, has by the said several acts, power and authority to appoint more
than one person in each and every district of this province, for taking and recerving evi-
denoe toucUng and relating to any such claim or claims ; and whereas it is necessary
to afford greater facility in procuring and receiving such evidence; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provinon for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of ihe same, That it shall and
may be lawful for each and every commissioner in his Majesty's court of king's bench in
tfiis province, to take and receive the testimony and evidence of any person or persons,
relative to such claim or claims to be brought forward under the provisions of the said
several acts ; which said testimony and evidence upon oath, the said several commission-
ers in his Majesty's court of king's bench in this province, are hereby authorized and
empowered to take and receive ; and if any person or persons shall wilfully forswear him,
her, or themselves, before any such commissioner authorized to receive testimony under
the provisions of this act, he, she, or they shall, on conviction thereof, be subject to the
pains and penalties of wilful and corrupt perjury.
II. And be it further enacted by the authority aforesaid, That for each and every affida-
vit so to be taken by any commissioner, empowered by this act to take the same, it shall
and may be lawful for such commissioner to demand ajod receive the sum of one shiOing,
and no more.
Preamble.
Cbs^pter V.
An act to repeal an act passed in the forty-fourth year of George the Thirdy entitled^
" An act for the better securing this province against cM seditious attempts or designs
to disturb the tranquility thereof ^^
[Pftseed Aiarvh 28. 183IS.]
Whkreas in the forty-fourth year of his late Majesty's reign, it being thought expe-
dient mOTC effectually to guard the peace of this colony, an act was passed, entitled, ^^ An
act for the better securing this province against all seditious attempts or designs to disturb
the tranquility thereof;" and whereas the ordinary laws of this province are sufficient
for the protection of the inhabitants thereof ; be it therefore enacted by the King's most
exoellent Majesty, by and with the advice and consent of the legislative council and
assembly of the provftice of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the paiiiament of Great Britain, entitled, ^^ An
Digitized by VnUOVJ LC
Tewth pAiuLiAineirr.] C. 6, 1. — Tsm^H Year or Oxokos IV;— 1829»
4M
act to repeal cerUin parts of an &^t passed in the fourteenth jear of his Majesty's rei^>
entitled, ^ An act for making more efifectual provision for the governinent of Ae province
of Quebec, in North Amenta, and to make Airther jH^ovision for the goYemment of the
said province,' " and by the aothontj of the same, That thfe said tecited "act be, and the 44th p^o. Ill, c i> re^
same is, hereby repealed.
Pmuiibltf.
Chapter VI*
An act to dUer the titne of holding the court of general ^qaarter seaHons of Ike peace tfi
the Ottawa district.
[PMted Mareh 20, 1829.]
Whkrsas the periods nonv fixed by law for holding the courts of general quarter
sessions of the peace, in the Ottawa district, are found to be inconvenient, and appli^*
cation hath been made by the magistrates of the said district to alter the same ;, b^ it
therefore enacted by the King's most excellent Majesty, by and with the advice and consent
of the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, ^^ An act to repeal pertain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,'" and by the authority of the same. That the
fourth clause of an act passed in the fifty-sixth year of the reign of his late Majesty*^
King George the Third, entitled, " An act to repeal part pf an act of the parliament of
this province passed in the thirty-eighth year of his Majesty's reign, entitled, ^ An act for
the better division of this province, and more effectually to provide for the administration
of justice, by constituting the counties of Prescott and Russell, under certain modifica-*
lions, a separate district,' " be, and the same is, hereby repealed ; and that from and after
the passing of this act, the said court of general quarter sessions of the peace, in and for TUmi i4>]»miited for
the said district of Ottawa, shall be holden at the place appointed by law for that purpose, qmSSf ^cwAonfm^
on the third Tuesday in the months of January, Aprils June^ and September, in each year* awtrfet ofotuw*.
Slictielk 4di of SSta
G€o. Ill, c 2) it^»ealiedl
Chapter Vlt. .
An act to make more effectual provision fot settling the affairs of the tqte pretended
bank of Upper Canada.
[l»M«ed Mureh 80, 182S.] .
Whcreas a certain act of the parliament of this proyipce, passed in the fourth year of
the reign of his present Majesty, entitled, ^^ An act vesting in the hands of certain com*-
^rMoiUtf.
year of his present Majesty's reign, entitled, " An act to repeal part of an act passed in
the last session of parliament, entitled, ^ An act vesting in the hands of certain commis-*
sioners therein named, all the stock, debts^ bonds^ and property of the pretended bank of *
Upper Canada, lately established at Kingston^ for , the benefit of the creditors of that
institution ;' and to make further provision for settling the affairs of the said pretended
bank ;' ^' and a certain other act of the parliament of this province passed in the last scs-
sion, entitlea, ^^ An act to repeal the laws now in force respecting the late pretended bank
of Upper Canada, and to make provision for settling the affairs of the said institution ;" '
and whereas sundry of the debtors of the said pretended bank have, by petitions to
the legislature, complained pf grievous injuries sustained by them through the pfovt*
siona of the before recited acts ; and whereas it is the true end and design of legislationi
to promote and secure as far as possible universal justice^ it is expedient and lust.t^
provide other means for a final, amicable, and equitable settlement of the affairs of the said
institution ; be it therefore enacted by the King's most excellent Msyesty, by and with the
advice and consent of the legislative council and assembly of the province of Uppei^
Canada, constituted aqd assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled^ ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled,/ An act for making mor^
effectual provision for the government of the province of Quebec, in North America, and
to make fuither provision for the government of the said province^'" and by the authority
of the same. That the said several acts hereinbefore recited be^ and the same are, hereby
repealed*
61 Digitized by
Google
C. 7.~TraTH Ykam or Gbouos IV.— 1829.
{Pi
SjBBdioa,
•Certain penon« ap«
.pointed eoffimissioners
for settling the affairs
of the late pretended
bank ofUpper Canada.
How vacancies shall be
tsupplied.
Books and other docu*
ments to be delivered
«Ter to the commis-
sioners.
How commktioii*n
tnay sue for debts.
In what form of action.
Debtors may insist np-"
on havinz the claims
JtpoMi them referred
to arbitration.
How arbitrators shall
be appointed.
Umpire.
Award shall be final.
Statute of limitations
not to apply in case the
action shall be brought
within a year.
Mode of proceeding
against debtors absent
fnun the proytnce.
Coniuination of mort-
gages, bonds» Ice. given
to or for the ns^ of the
late bank.
Notice of their sittings
to be published by the
commissioners.
Claims against the in-
stitution to be preferred
within six months.
All claims barred un-
less presented before
first of November next.
Commissioners may
give longer credit to
debtors.
If. And be it further enacted bj the authorky aforesaid, That Hugh Christopher Thorn*
son, Henry Smith, and John Strange, be and are hereby appointed to aet as eommissioners
to settle the affairs of the bte pretended bank, lately established at Kingston, and in case
of vacancy by death, removal from the district, or resignation of any one of them, it shall
and may be lawful for the remaining comnussioners to appoint another person of their
mutual choice, to supply such vacancy, in one week from the time of its occurrence.
III. And be it further enacted by the authority aforesaid, That the commissioners here-
tofore appointed for settling the affairs of the late pretended bank, shall, within two weeks
after the passing of this act, and demand made, deliver over, or cause to be delivered over,
upon such demand, to the commissioners hereinbefore named, all the books, paipen^
documents, matters, and things, whatsoever, remaining in their charge, and aj^itaming
to the aaid late pretended bank, or the affairs thereof.
IV. And be it further enacted by the authority aforesaid, That the comoHSsioners
aforesaid may from time to time prosecute, in and by the name of the Kingston bank com*
missioners, such actions at law, as may be necessary for the recovery of any debts due to
the institution, or to others, to the use or in the behalf or account of the said institution,
by mortgage, bond, note, or otherwise ; and that all such debts, whether due by 9peeiiJty,
ox by simfde contract, may, if the plaintiff shall choose to sue in that form, be recovered
in an action on an account stated, as between the defendant and the parties suing by the
name aforesaid, and such specialty, or other proof of debt, may be received as evidence of
an account stated : Provided always. That upon request made by any debtor of the said
institution, it shall be incumbent upon the said commissioners to refer such debt or demand
to arbitration ; that the said commissioners and the debtor, before appointing men of their
respective choice^ shall agree upon some person as the third man in the arbitration, ^nd
in case they do not agree in the choice of such person, it shall and may be lawful for the
commissioners to write the names of three persons not being debtors or creditcH^ of
said institution, or otherwise interested, on slips of paper, and for the debtor to do the
same, when the whole shall be put into a box and shook together, and one drawn there-
from by an indifferent person ; and the person whose name shall be so drawn shall be the
third arbitrator, to act in conjunction with the two to be named by the commissioners and
debtor respectively, in considering and deciding upon all matters and things set before
them, and their award, or the award of any two of them delivered in writing shall be hnal,
and to all intents and purposes binding on the parties.
V. And be it further enacted by the authority aforesaid. That the statute of limitations
shall not apply to bar or extinguish any debt due to the late pretended bank, providing
the same shall be put in suit within one year from the passing of this act.
VI. And be it further enacted by the authority aforesaid, That whenever any person
appearing to be indebted to the said institution shall have left this province since the failure
of the said institution, and shall not be resident therein, it shall and may be lawful to serve
process in any suit, to be instituted under the authority of this act, against such persons,
by leaving a copy of such process at the last place of abode of such person, within this
province, with any grown up person dwelling or living in such house, or by affixing a copy
of such process in the crown office of this province eight days before the return thereof,
and that a declaration in every such case being filed in the crown office of this province,
and all other and subsequent proceedings in any such case, which in ordinary cases are
served upon the defendant, shall be considered to be served by filing the same in the crown
* office at York, and .the office of the deputy clerk of the crown at Kingston, and on notice
of such fiHng inserted for two weeks in the Kingston Chronicle and Upper Canada Herald.
VII. And be it further enacted by the authority aforesaid. That no bond, mortgage,
note, security, or undertaking, of what kind soever, made to the said institution, or to any
person or persons to their use, shall be held to be invalid or irrecoverable, on account of
any alleged illegality of the said institution.
VIIL And be it further enacted by the authority aforesaid. That the commissioners to
be constituted under this act, shall within two weeks after their appointment, cause notice
<rf their place and hours of business to be advertised in the Upper Canada Gazette, and in
all other newspapers in Upper Canada, and in the Montreal and Quebec gazettes, in three
successive numbers of egch paper, calling upon all holders of notes or certificates, or other
creditors of the said late institution, to present their claims within the period of six
months, or otherwise such claims will be forever barred and cancelled.
IX. And be it further enacted by the authority aforesaid. That every claim upon the
said institution, unless it shall be presented to the commissioners to be appointed under
this act, on or before the first day of November next, shall be forever extinguished and
barred.
X. And be it further enacted by the authority aforesaid. That it shall and may be
lawful to and for the commissioners to be constituted under this act, to exercise their
discretion in regard to the giving a longer credit to any debtor or debtors to the said late
Digitized by VnOOVJ IC
Tjbvth Pjuuuiaicbnt.]
C. ^.^cr-aCfumi r^-^AB OP Gbosge IV.— 1829.
iofititution, and 4b&l they shall also have authority to aecept of property, real or personal,
or to receive bills or notes of the said kte institutim, or certificates given for the same,
in satisfaction of the whole or part of any debt which said commissioners are authorized
to collect, or make any compromise in regard to any such debt as they may think reason-
able and proper.
XL .\nd be it further enacted by the authority aforesaid, That if any person indebted
to the said late institution shall before the passing of this act have tendei^d payment of
the debt or any part thereof, due by him in notes of the said late institution, or certificates
given for such notes, no interest shaU be charged in respect to suck debt, or such part
thereof as he shall have so tendered payment for^ from the time of such tender having
been so made.
XII. And be it further enacted by the authority aforesaid. That the commissioners shall
make a report to the governor, lieutenant governor, or person administering the govern-
ment of this province, on the first day of January in every year, of their fX'oceedings under
this act, and of the state of the affairs of the said bank, to be laid before the legislature at
its next session.
XJIi. And be it further enacted by the authority aforesaid, That the commissioners
who shall be constituted under this act shall make dividends among the creditors of the
said late institution, of the monies collected by them, as often as they shall have sufficient
to divide two shillings in the pound, first deducting therefrom their necessary disburse-
ments in the execution of this act.
XIV. And be it further enacted by the authority aforesaid. That the said commissioners
shall have authority, after receiving such payment or compromise as they may deem
reasonable and proper, to release and discharge any bonds, mortgages, specialties, notes,
or securities, of any kind whatsoever, given by any person or persons to the commission-
ers heretofore appointed for the settlement of the affairs of the said institution, or to the
said pretended bank, or to any person or persons, for the use, benefit, or security of the
said institution, whether it be expressed in such bond, mortgage, specialty, note, or secu-
rity, that the same was given for the use, benefit, or security of the said institution, or
lM>t.
XV. And be it further enacted by the authority aforesaid, That the claim of the agent
appointed by the late directors of the said bank, for settling the affairs and examining the
books and accounts of the said bank, shall be ascertained by the said commissioners, and
the amount so ascertained to be due to the said agent for the services performed by him,
shall be payable from and out of the first monies which shall come into the hands of the
said commissioners, applicable to the payment of the debts of the said bank.
XVI. And be it further enacted by the authority aforesaid. That the a^t of any two
commissioners who shall be appointed under this act, shall be v^lid, so far as the authority
of such commissioners shall extend.
XVII. And be it further enacted by the authority aforesaid. That this act shall he
deemed to be a public act, and as such shall be judicially noticed without specially shew-
ing, the same.
Met
real
t FVOMMy
pertoml, or
bil]« or notes of the
kte bank; d .
oilier cempiomue.
No intei^at to be
cher^ to debtors m
certam cases.
Report of proceedings
udcr this act, shall be
laid before the legisto-
tore.
Dividends to be
Disbursements to be.
deducted.
Commissioners em-
powered to release
mortgages, discharge -
bocdft,.&c.
Satisfaction to be made
to the agent appointed
by the late directors of
the pretended bank.
Acts of two
•ioners to be vnild.
Pablic act.
Chapter VIII.
A^ act to make valid under certain restrictiana the registry of deeds and conveyances^^
made by the registrar of the county of Northumberland^ under an appointment ad--
judged to be inxmUd.
[Passed March.20, 1829.]
Whi:r&a8 in or about the year of our Lord one thousand eight hundred and eight,
Thomas Ward, esquire, was appointed registrar of the county of Northumberland, in the
district of Newcastle, and in that capacity registered many conveyances and other deeds
relating to real estate in the said county ; and whereas the appointment of the said Thomas
Ward was afterwards adjudged by the court of king's bench in this province to be invalid,
and he was therefore removed from the said office, but hath since continued to keep the
memorials and registries of all such deeds and conveyances in Ids custody, and purchasers
and otliers are exposed to loss and inconvenience from not being able to satisfy themselves
of the state of any title, by searching in the office of registrar of the said county ; for re-
medy thereof, be it therefore enacted by the King's most excellent Ms^esty, by and with the
advice- and consent of the legislative council and assembly of the province of Upper Ca-
nada, constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual
provision for the government of the fX'ovince of Quebec, in North America, and to make
further pr4> vision lor the government of the said province,' '' and by the authority of the
Digitized by
Preamble.
Certain registries of
conveyances made bj
Thomas Ward, esq.
under an invalid ap-
pointment as renstrar
of the county of North-
umberland.
Google
46B
C. 9— Tbwth Ybar or Qmouom IV. — 1889.
[FkaMT SHteov,
Md ngb.
IriM lo madm by T-
Ward thall be ttaiw-
mitted to tlw prMMAt
TCg<«Cnr for If ortkam-
Wh«B M
(hej ftbdi form pnUie
reeonU oC. tiaeb ol|^.
Glainu of innoe«iit
parcluMeiii,withoat ncH
^ce of an J taoH regif
tnr, sluiU not be pnjq^
4lV(tAHar(buv>t.. .
Thie mtt to melse na
fiUentaon iA theteniupe
ef tbe o^ee of regii*
nme, That the said Thomas Ward ahall, within two months from fbe pasring of tUs act,
tcansmit and d^iiver over to the regbtrar of the said eoanty of Northombertand, all sueh
mamorials and r^stries by him reoeived and made in the oapacfty ct registrar of sueh
ooanty as aforesaid, and before bis appointment was deelared roid, as hereinbefore re-
eited,
IL' And> be ii further enaeted by the authority aforesaid, That such memorials and
registries, when so transmitted and delivered over, shall form part of the papers and
records of the office of registrar for the said county of Northumberland, in the same
ttanner as if the same had been entered, proved, and recorded, by any person heretofore
legally holding the said office, and that all and every such registries ef any conveyance
or other deed, entered, made, and certified, by the said Thomas Ward, as such regbtrar
as aforesaid, before his appointment was adjudeed void, and his consequent removal from
the said office, shall be deemed and taken to nave been entered, made, and certified, by
the bwftil registrar of such county : Provided always, nevertheless. That nothing in tbfii
act contained shall extend to invalidate, aflect, or interfere with the title, claim, or ivterest
of any purchaser or purchasers of any lands or estates, comprised in any of the said
memorials or registries, provided sueh purchase shall have been made bona fide for valu^
able consideration, and without notice er knowledge of such lands or eatales being
comprisedvin any such memorial or registry, but that such title, daim, or interest, shall be
i||nd remain as if this act bad not been passed, and not otherwise.
III^ And be it further enacted by the authority aforesaid. That nothing in this act
contained shall extend, or be construed to extend, to make any alteration in the tenure of
the office of re^strar, in any county of this province.,
«6ee8tbOeo.rV,err|
Prfimbleu
FetitiM eC Wellud
dmeLcoaipuiy recite^
Imperial tUtute StH
Gee. IV.recit^.
Lpea made by. bis Ma-
jesty to Um WeUipA
OniKV^ioiis exaeted.
AntfwHity required to
Power ciren to
WettaBdeaa
aytoteeure tbe aaid
loaabyoMMTtg^^e.
€3hapter IX.
An act to render effectual certain securities to be given by the WMind canal company^
for a loan advanced by his Majefily^s gwernmentj and far other purposes rdaiing to
the said canal; and also for authorizing the making a tatetal cut from As WeUofn/i
cemal^ through the town of Niagara^ to the mouth of the riv^r liiagara^ hy a com-
PP'nyi incorporated fbr that purpose^
fPaned Mkpea 98^ 18B.]
WHmi^As the president and dimeters* of .the Wettand canal company have by thefr
petition set forth that certain alterations are expedient in the charter of the said company,
which it appears proper to provide fbr ; and whereas under and by virtue of an act made
and passed by the parliament of the united kingdom of Great Britain and Irekaid, in the
ninth year of the reign of his present Majesty, entitled, ^^ An act to authorize the advance
of a certahi sum out of the consolidated fund, for the completion of the Welland canal
navigation in Upper Canada,^' the forda commissioners of his Majesty's treasury have
lent and advanced to the Welland company the sum of fifty thousand pounds, sterMng
iiV>riey of Great Britain^ to be applied by the president and directors of the said company
towanis defraying the expenses of completing the said eanal^ upon the condition, how-
ever, required by the said act, that the repayment of the moniea so advanced, with
interest at four per centum per annum, within the term of ten years from the passing of
the said last rJBCited act, should be secured by an assignment of the tolls and profits of the
aaid canal, to such persons in such manner and under such conditions and* legulalions as
tl\e said commissioners of the treasury should order and direct ; and whereas it may be
doubted whether the president and directors of the said Welland canal company can,,
without legislative authority, pledge the said canal and the tolls and profits tAereof, iq
fiilfilment of the assignment for that purpose made by them with the lords commiissioners
of his Majesty's treasury, through the agency orWiHiam Hamilton Merritt, esquire,
agent for the said company ; and it is just and expedient to remove all such doubts, and
to enable the said companyto afibrd the required security to his Majiesty'li government ;
be it therefore enacted by the Ktng^ most excellent Mi^esty, by and with the advice
and consent of &e tegisltitive council and assembly of the province of Upper Canada,
•onstituted and assembled by virtue of and-uiMter Ae authority of an act passed io the
parliament of Great Britain, entitled, ^^ An act to repe^il certain parts of an act passed m
th^ fourteenth year of his Majesty's reign, entitled, '^ An act for mdcing more effectual
pk'ovision for the government* of the province of Quebec, in North Americe, and to make
foHher^ provision for tbe government of the said province^' " and by the authority of the
same. That it shall and may be lawful- for- the said Welhind canal company, by any instru-
ment or instruments, in writing, under the seal of the said company, weK and effectually
to convey, transfer, and assign^ the said W^lknd eaoa>, and the tolls and profits thereof,
and all and singular the fiands, property, and effects of the said company, unto such
Digitized by VnUO^ IC
Pabuamknt.]
C. 9.— TxnTH YsAB dv GaoBOB IV.— 1839.
person or p^-aons as the said commissioners of bis Majesty's treasury, or the governor,
or lieutenant governor for the time being of the province of Upper Canada, by the direo-
tion of the said commissioners have directed, or shall hereafter direct, and to his or their
lieirs, executors, administrators, and assigns, upon such conditions for redemption thereof,
and upon such terms, and with such provisions and conditions, as have been heretofore
ag;reed upcm by the lords commissioners of his Majesty's treasury, with the said company,
or their agent, and upon such other terms and conditions as the said company shall agree
to and think reasonable, for the effectually securing the repayment of the said fifty thou-
sand pounds, and interest as aforesaid, to the satisfaction of the lords commissioners of
liis Majesty's treasury : Provided always, nevertheless. That no mortgage, or other
security, which shall be given by the said company, under the authority of this act, shall
liave the effect of defeating, or in any manner prejudicing, any security or securities by
tbem given, for monies advanced to them, before the eighteenth day of August, in the
year of our Lord one thousand eight hundred and twenty^eight, being the date of the
af^eement entered into between the lords commissioners of his Majesty's treasury and
the ag^it of the said company.
II. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for the president and directors of the said company to contract either with his Majesty's
government, or with any public company or body, either politic or corporate, or with any
private individual, for the loan of any sum or sums of money, to be laid out in the
completion of the said canal, and for securing the repayment thereof, to cause to be
exeeuted one or more bond or bonds, or other instrument or instruments, in writing, in
the name of the Welland canal company, and sealed with the seal of the said company,
and signed by the president or vice president, and secretary.
III. And be it further enacted by the authority aforesaid. That all such bonds or other
securities so to be given, as aforesaid, shall be made payable to the person lending the
money therein mentioned, or bearer, and shall be transferable by delivery.
IV . And be it further enacted by the authority aforesaid, That it shall and may be law-
ful for the said company hereafter to increase the dimensions of the feeder they are. now
constructing from the Grand river to the Deep cut, to the ordinary size of the canal,^ for
the purposes of ship navigation, if they shall deem it expedient.
V. And be it further enacted by the authority aforesaid. That it shall and may be tawftil
for any person or persons, whose lands shall be taken for, or injured by the said company,
or whose milb shall be injured by the stoppage of water, to nominate one arbitrator, and
for the company to name another, which two shall name a third, to determine upon their
oaths the amount to be paid for the land, or the damages done thereto, which award the
directors are hereby required to pay at the time specified therein.
VI. And be it further enacted by the authority aforesaid. That in case the Welland
eanal company shall not agree with the owner or occupiers of the land through which the
feeder is now laid out, on either bank of the Welland river, between Mill creek, above
LfConard Misner^s and the Deep cut, on or before the first day of June next, upon the
pri^e to be paid to such owner or occupiers, for the absolute purchase of so much of the
said land as the said company may require, for the purposes of the said canal, or any
dama^^ they may claim from the said company, according to the provisions of the charter,
it shall and may be lawful for Smith Griffin, of Grimsby, esquire, William D. Miller, of
Niagara, merchant, and Moses Brady, of Pelham, farmer, and they are hereby required
to assemble at Mr. Berger's, inn-keeper, on the Welland river, at such time as they may
appoint, during the month of June next, and to determine what price or sum of money
the sud company shall or ought to pay to each individual for the land taken and set apart
for the purposes of the said company, or any damages as aforesaid.
VIL And be it further enacted by the authority aforesaid, That the said arbitrators
shall be sworn before some one of his Majesty's justices of the peace, well and truly to
award and determine between the parties what price and damages shall and ought to be
paid to each owner or occupier of the land so taken as aforesaid, according to the best of
their judgment; and that the witnesses to be examined before the said arbitrators shall
be sworn by the said Smith Griffin, before their evidence is received.
VIII. And be it further enacted by the authority aforesaid, That the monies awarded
to be paid under this act shall be paid by the aforesaid company to the persons legally
authorised to receive the same-, within two months from the time of tne award being
Sack mortgage not to
prejndioe aoj leeaiitj
giTen for pnor debU«
The company
rixadW raiflA farthar
soma bj loan;
and to MTe kmda, ^.
Ibr fttcE loan.
Snek booda may be
made tnoafeimble W
deUTery.
The company may en-
large tbe feeder now in
TOOgress liom the
Otnnd river, ao aa to
make it a eanal ik for
aekoonera, Ice.
Pktnriaion for compen-
sating the ' ovnen af
lands.
ArbitratioB proride^
for» in caae the partiei
eannot agree.
Arbitrator! andwitnes-
•es. to be awom.
When money airardeiB
•haUbepaid.
Petition for i
canal to the
Niagara.
made ^ and whereas Alexander Stewart, John Glaus, Thomas Butter, John Crooks, Jared
Stocking-, WilKam Clark, John Barker, and others, inhabitants of the town of Niagara,
are desirous of cutting a lateral branch of the said Welland canal from the bottom of the
Mountain ridge to the said town of Niagara, and to be incorporated for that purpose ; be
it therefore further enacted by the authority aforesaid. That the said Alexander Stewart,
John Claus, Thomas Butter, John Crooks, Jared Stocking, William Clark, and John Bar-
ker, or either of them,, together with aH such persons as shall become stockholders of the
branelk
town of
Google
400
C. 9.— Tbvth Year of Gbobos A'^.—
[F
A eonpAiiT 1
ted by tlM nftioe of
*<Tlie Niagan eigul
eompMiy.**
Powers and priTileget
of the eonpeoy.
8ed.
Sfi^ hold and diipoefe
ofraleataite.
May explore a route
for the eanal leadioc to
Niagara.
For boat nairigaiioii
only.
jBa6,000 CH^ital.
Direeton how- to be
ehoaea : three in nmn-
Blay make by-law«.
ProvtfiOB for eompen-
Mting the WeUaad ea-
nal company for the
water to be taken for
the branch canal.
Arbitration.
WeDand eanal compa-
ny may decline to ac-
cept the anm lo award-
ed in which case the
company and stock
created by this apt
shall merve in the Wei-
la^ canu company.
ProTision for that con-
tingency.
Froviflion' as to com-
mencing the work by
the WeUand canal com-
pany, in case they
^ '• >it.
should
Canal may be increased
for ship navigation.
Period within which
twenbr-fiTo per cent,
must oe paid in by the
subscribers to the
company hereinafter mentioned, shall be and are hereby ordaiaed, conaliUitod, and
declared, to be a body corporate and politic, in fact, and by the name of ^^ The Niagara
Canal Company ;^' and by that name they and their successors shall and. jnay have con-
tinued succession, and by such name shall be capable of contracting and being oontraeled
with, of suing iand being sued, pleading and being impleaded, answering and being
answered unto, in all courts and places whatsoever, in all manner of actions, suils,
complaints, matters, and causes, whatsoever ; and that they and their successors noay and
shall have a common seal, and may change and alter the same at thei^ will and pleasure ;
and also that they and their successors, by the name of ^^ The Niagara Canal Company,"
shall be in law capable of purchasing, having, and holding, to them and their sucMsessors,
any estate, real, personal, and mixed, to and for the use of the said oompmy, and of
letting, conveying, and otherwise departing therewith^ for the benefit and on aoeoiiot o£
the said company, from time to time, as they shall deem necessary and expedient.
IX. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said Niagara canal company, their engineers, agents, and servantAy to ex-
plore the country lying between the Welland canal, below the Mountain ridge, an the
township of Grantham, and the town of Niagara ; and to lay out the route, and to exca^
vate, finish, and complete a branch canal, for boat navigation only, from any part of the
Welland canal, below the Mountain, to the town of Niagara, and thence into the Niagara
river; and for that purpose to raise by subscription within the said town, or elsewhere, a
sum not exceeding twenty-five thousand pounds, in shares of twelve pounds ten sbiUings
each.
X. And be it further enacted by the authority aforesaid, That the affairs of the said
Niagara canal company shall be managed by three directors, one of whom shall be presi-
dent, who shall be elected annually on the first Monday in May in each year, and shall
have all the powers, authorities, and privileges, used and exercised, enjoyed or beloogiog
now, by virtue of the charter, to the Welland canal company, in so far as the same are
apjdicable to the making and completing the said branch canal, and keeping the same in
repair ; and also as to the regulations and by-laws incidental to the good government of a
chartered company.
XL And be it further enacted by the authority aforesaid. That as soon as the said
Niagara eanal company shall have acquired by subscription a sufficient quantity of stock
to complete the said branch canal, it shall and may be lawful for the said Welland canal
company, on the one part, and the said Niagara canal company, on the other part, to
nominate four arbitrators, who shall be neither directly or indirectly interested, two on
each side, who shall nominate and appoint a fifth person equally disinterested, to be asso-
ciated with them, which persons, or a majority of them, shall award and determine what
compensation the Niagara canal company shall pay to the Welland canal company, and in
what manner, and when, for the water to be withdrawn or taken from the WeUand canal
company by the proposed lateral branch canal.
XII. And be it further enacted by the authority aforesaid, That if the WeUand canal
company shall, within six months after the umpirage or award of the said arbitrators, so
chosen as aforesaid, refuse to accept the sum, recompense, or profit, so to be awarded as
aforesaid, then the stock so subscribed to the Niagara canal company shall thenceforth
form part of and be merged in the stock of the Welland canal company ; and the said
Welland canal company shall thenceforth be entitled to the stock, and be authorized to
construct the said lateral branch canal, and shall thereafter be deemed and taken to be
part of the Welland canal ; and the stockholders in the Niagara canal company shall
thenceforth become stockholders in the Welland canal company, according to their respec-
tive subscriptions; and the Niagara canal company shall from that time cease and
determine.
XIII. Provided always, and be it further enacted by the authority aforesaid. That the
Welland canal compan}-, after assuming the said stock, shall, on payment of twenty-five
Eer cent, on the estimated expense of cuttin/sc the lateral branch canal by the said stock-
olders in the Niagara canal company, immcdiatelj commence the said lateral branch canal,
and finish the same within two years, upon a sufiicient sum being paid in by the said
Niagara canal company stockholders for that purpose ; and also, that nothing in this set
contained, or any other act of this province, shall prevent the stockholders in the Wel-
land canal company, upon assuming the lateral branch stock, as aforesaid, to make the
lateral branch canal as aforesaid adequate for ship navigation, without caUing on the
subscribers to the lateral branch for increase of stock for that or any other purpose wliat-
soever.
XIV. And be it further enacted by the authgrity aforesaid, That the said Niagara canal
company, to entitle themselves to the benefits and advantages to them granted by tliis act,
shall, and they are hereby required to, pay into the bank of Upper Canada, on account
of the said Welland canal company, the aforesaid sum of twenty-five per cent on the
DigWzed by VnUOV IC
PaBA1A1«£NT.]
O. 10.— Tsirra Ykaa of Gjbobgs IV.— 1829.
491
unount of the said award, and the said estimate for making the said eanal, within five
rears from the completioQ of the Welland eanal between lakes Erie and Ontario, bj way
^f the mouth of the Chippewa river.
XV, And be it further enacted by the authority aforesaid, That the said directors of
tbe aaid Niagara eanal company shall be, and they are hereby, authorized to contract,
compromise, and agree, •with the owners and occupiers of any land^ through or upon
which the route or line of the said lateral branch may be determined to be cut, for the
purposes of the said lateral branch canal, either for the absolute purchase of so much
Land a9 shall be required for the said company, or for the damages he, she, or they shall
ELifed may be entitled to receive from the said company, in consequence of cutting the said
lateral canal ; and in case of any disagreement between the said owners or occupiers
aforesaid, then the said owners or occupiers and the said directors, shall decide the same
by arbitration, io the same manner, and following the same provisions, and according to
the terms contained in the act of this province passed in the fourth year of the reign of
King George the Fourth, entitled, '^ An act to incorporate certain persons therein men-
tioned, under the style and title of the Welland canal company ;" and further, that the
said arbitrators so to be appointed, according to the said act, shaH be paid and indemnified
by the said directors within one month after the sitting of the said arbitrators.
XVI. And be it further enacted by the authority aforesaid. That at the annual election
of directors, five directors only shall be elected by the stockholders, and so long as any
stock shall be held in behalf of this province by the government, two other directors
shall be named by the house of assembly at eveiy session; and that from the time of the
next e lection of directors to the end of the next session of parliament, Robert Dickson,
esquire, and John J. Lefierty, esquire, be directors of the said company.
Pk-otisiolk for compeil-.
sating owner* of landi
for property taken, da-
XVU. And be it further enacted by the authority aforesaid. That the president and
directors of - the said company shall, and they are hereby required every year to lay before JSa
the legislature, accounts in detail of their receipts and expenditure.
Atbitration.
CompeoBiitioii to the
arbitraton.
Not more than fire di-
rectors ahull be hereaf-
ter choien amiuallyby
the ■tockholders in tlie
Welland canal compa-
ny.
Two to be chosen by
the house of assembly.
Certain persons ap-
pointed directors for
the present year.
Accounts of reeeints
ituretoM
tnre.
[ore the legisla-
Chapter X*
An act relative to confiscated estates.
[Passed March 20, 1829.]
Whereas it is represented, that in several instances lands have been erroneously con-
fiscated, and sold under the statutes heretofore passed for the disposal of estates forfeited
during the late war with the United States of America, the purchasers whereof are willing
to relinquish their purchases, and to accept in lieu the lands intended to have been respec-
tively proceeded against ; and whereas such arrangements are expedient and just ; be
it therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, constituted
and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, ' An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province),' " and by the authority of the same,
That from and after the passing of this act, it shall and may be lawful for the commissioners
appointed for carrying into effect the aforesaid acts for the disposal of forfeited estates, or
tl^e majority of them, from time to time to inquire whether any lots, pieces, or parcels of
land, not liable to confiscation, have been, or may be hereafter returned to and sold by
them, under the said acts, and if so, also to inquire whether any other lots, pieces, or
parcels of land, not returned as forfeited, or if so returned, not actually sold by the said
commissioners, was or were liable to confiscation, and whether the same was intended or
ought to have been proceeded against instead of the premises so erroneously forfeited
and sold ; and in case it shall appear to the satisfaction of the said commissioners, or the
majority of them, that other lots, pieces, or parcels of land, were intended, or ought to
have been proceeded against, instead of the premises that may have been, or may here-
after be respectively erroneously forfeited and sold, it shall and may be lawful for the
said commissioners, or the majority of them, to transfer and convey to the purchaser or
purchasers of any such lots, pieces, or parcels of land, so erroneously forfeited and sold
as aforesaid, and in lieu thereof, and upon the same terms and considerations, provided
such purchaser or purchasers shall be willing to accept the same, the lots, pieces, or par-
cels of land, which they, the said commissioners, or the majority of them, shall so find
liable to confiscation, and against which it shall appear proceedings were intended, ox .^^y^^ u^
(See 54th Geo. Ill, e
9 ; 60Ui Geo. Ill, c
12| 2d Geo. IV, e 0
and 12.)
Preamble.
Power given to eom-
mbsionen for forfeited
estates, in certain ca-
ses, with consent of
parties, to transfer lots
which were intended
to haTc been sold, in
Ekce of those which,
y error, were actually
sold, and to accept a
transfer of the lot er-
roneously sold, in r^
torn.
Google
408
C. 11.— Tbhth Ykar of Gbobqjb IV.— 1829.
[FiBM S:
The landf tnaiferred
bfkck to the eommii-
■ionen aa havinr been
erroneofulj gold, may
be by them eonreyea
to the rij^tfnl elauunt
When the poreheaer
of landf erroneoQfly
■old,^ shall decline ac-
e^tuff the mtended
laada m exchange, the
moner paid by him
■hall be repaid with in-
terect, and the land
conreyed to the right-
fttl
ought to have been ori^ally instituted, the said last mentioiied laoda being first dulf
vested in the said commissioners, pursuant to the provisions of the statutes hemidbefoFe
mentioned.
II. And be it further enacted bj the authoritj aforesaid, That whenever any aiich lots,
pieces, or parcels of land, so erroneously sold as aforesaid, shall be reiinquishfid hj the
purchaser or purchasers thereof as aforesaid, it shall and may be lawful for the said com-
missioners, or the majority of them, to decree and transfer the same to the proper owner
or owners therof, according to his, her, or their lawful and just estate and right therm.
III. And be it further enacted by the authority aforesaid, That in case the pnrefaaser
or purchaser of any lots, pieces, or parceb of land, that have been, or may hereafls- be
erroneously sold as aforesaid, shall decline accepting in lieu thereof the premisea which
ought to have been proceeded against and sold, or in case there shall be no other lamis to
substitute for such erroneous safe or sales, it shall and may be lawful for the commissioi^
ers, or the majority of them, to restore to the said purchaser or purchasers the fnureiiaBe
money paid to the said commissioners, by him, her, or them, respectively, with lawful
interest thereon from the period of payment, provided he, she, or they shall be wiiling
to accept the same, and thereupon to decree and transfer the lots, pieces, or parcels of
land, so erroneously sold as aforesaid, to the righful owner or owners thereof, as herein-
before provided in the second section of this act.
Preambk.
PetHioB for an act of
ineoipoiation to ma
a harbor at Cobowg.
A company ineorpora-
ted, to be called the
preeident, direeton
and oonqiany of the Co-
boug harbor.
Powers and priTileges
of the company.
Seal.
Not to carry on the bu-
sineif of banking-
Company anthorixed to
conttmet a harbor at
Cobourg.
Chapter XI.
An act to improve the navigation of lake Ontario^ by authorizing the construction of a
harbor at Cobourg^ by a joint stock company.
[Patted March 20, 1829.J
Whscbjbas the construction of a safe and commodious harbor at Cobourg, in the district
of Newcastle,. would manifestly tend to the improvement of that part of this province,
as well as be of great advantage to all persons in any way concerned in the nav^lion of
lake Ontario ; and whereas Walter Boswell, George Strange Boulton, Benjamin Throop^
Charles Perry, Ephraim Powell, James Gray Bethune, John Gilchrist, Ebenezer Perry,
Dougald Campbell, Henry Ruttan, Stoddard Bates, Alexander Neil Bethune, Joseph
Ash, and Archibald M'Donald, have petitioned to be by law incorporated for the purpose
of effecting the construction of such harbor, by means of a joint stock company ; be
it therefore enacted by the King^s most excellent Majesty, by and with the adviise and
consent of the legislative council and assembly of the province of Vippex Canada, constituted
and assembled by virtue of and under the authority of an act passed in the pariiament of
Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
S government of the province of Quebec, in North America, and to make further provision
or the government of the said province,' " and by the authority of the same, That the
said Walter Boswell, George Strange Boultqn, Benjamin Throop, Charles Perry, Ephraim
Powell, James Gray Bethune, John Gilchrist, Ebenezer Perry, Dougald Campbell, Henry
Ruttan, Stoddard Bates, Alexander Neil Bethune, Joseph Ash, and Archibald M'JDooald,
together with all such other persons as shall become stockholders in such joint stock or
capital as is hereinafter mentioned, shall be, and are hereby ordained, constituted, and
declared, to be a body corporate and politic, in fact, by and under the name and style of
** The President, Directors and Company of the Cobourg Harbor ;" and that by this name
they and their successors shall and may have continued succession, and by such name
shall be capable of contracting and being contracted with, of suing and being sued,
pleading and being impleaded, answering and being answered unto, in all courts. or places
whatsoever, in all manner of suits, actions, complaints, matters, and causes whatsoever ;
and that they and their successors may and shall have a common seal, and may change
and alter the same at their will and pleasure ; and also, that they and their successors, by
the same name of " The President, Directors and Company of the Cobourg HarbcM*," ^all
be in law capable of purchasing, having, and holding, to them and their successors, any
estate, real, personal, or mixed, to and for the use of the said company, and of letting,
conveying, or otherwise departing therewith, for the benefit and on the account of the
said company, from time to time, as they shall deem necessary and expedient : Provided
always, That nothing herein contained shall extend, or be construed to extend, to allow
the said company to carry on the business of banking.
II. And be it further enacted by the authority aforesaid. That the said company are
hereby authorized and empowered, at their own cost and charge, to construct a harbor at
Cobourg aforesaid, which shall be accessible to, and fit, safe, and commodious for the
reception of, such description and burthen of vessels as commonly navigate the said lake ;
Digitized by VrjiJOV IC
Tmtnn: Pjm&tAnKBHT.]
C, tl.~T«»T?H ¥«Ait OF GisoBGi: IV.— ISlO.
4U9
To contraet for the
purchase of Uuids re*
Suired for making ihp
arbor; ot to compro-
mise for damages dooe
by them.
In case of disagree*
ment an arbitratioa
Nomination of arbitra-
tors.
and ako Us erect arid bcdM alt 9acfa' rieedfbl hides, piers, wharves, buildings, and erecttbVis,
wfaatseerer, a« sbatt be aseftil a»d proper for the protection of the said harbor, and for
the acedmmodatioii and convenienee of vessels entering, lyiiig, loading,* and tmloadifig
withia tBe same, and to alter and ainend, repair and enlarge the same, as mav be fonnd
expedient and necessary. .
III. And be it further enacted by the authority aforesaid, 'that ihh dfreifor^ of the said
company shall be, a^d they are hereby, empowered to contract, compound, compromise,
and agree^ with the o^tners and occnpie^s of any lafnd through or upon #hich they may
defeemuiie to cnt and constroet the said intended harbor, with all necessary and convenient
roads, stveets, and appro^^hea thereto, to be constructed and made, either for the absolute
purchase of so moch of the said land as they shall require for the purposes of the said
company, or for the damages which hfe, she, or they shall and may be entitled to recover
from the said company ih consequence of the said intended harbor, roadg, streets, and
approaches thereto, being cut, made, and constructed, in and upon his, her, or their
respective lands ; and in case of any disagreement between the said directors and the
oTvner or owners, ctecupier or occupiers^, aJForesaid, it shall and may be lawful, from time
to tuae^ as often as the said directors shall think fit, for each owner or occupier so disa- provided for.
glueing with the said directors, either upon the value of the lands and tenements proposed
to be punehafied, or upon the amount of damages to be paid to them as aforesaid, to nominate
and appoint one or more indifferent person or persons, and for the said directors to
Donojnate an equal number of indifferent persons, Who, together With one other person,
to be elected by biAlot by the persons so named, shall be arbitrators, to award, deterihine,
adjudge, smd order the respective sums of money which the said company shall pay to
the respective persons entitled to receive the same, the award of a majority of whom
sha^l be inal; and (he said arbitrators shall, and they are hereby required to, attend at
some convenient place in the vicinity of the said intended harbor, to be appointed by
the said directors, aftei^ eight days' notice given them for that purpose by the said direc-
tors, then and there to arbitrate, award, adjudge, and determine suth matters and things
a» shall be submitted to their consideration by the parties {interested } and that each
arbitrator shall be sworn before some one of his Majesty's justices oi' the peace in and
for the said district, any of whom may be required to attend the said meetiilg for that
purpose, well and truly to assess the damages between the parties, according to the best
of his judgment : Provided always, That any award made under this act shall be subject
to be set aside on application tb the cotn^t of king's bench, in the same manner and on the
same' grounds as in ordinary cased of submission by the parties, in which case reference
may be again made to vbitrators as hereinbefore provided.
lY; And be it further enacted by the authority aforesaid. That as soon as the said
harbor shatt be so far completed as to be capable of receiving and sheltering vessels, the
said eompany shall have full power and authority to ask ibr, demand, rdceive, recover,
and take as toll, to and for their own proper use and benefit and behoof, on all goods,
wares, and merchandise, shipped or landed on board, or oiit of any vessel or boat from or
upon any part of the lake shore, between the east boundary of lot number thirteen and the
west boundary of lot number nineteen, in the township of Hamilton, in the said district of
Newcastle, and upon all vessels and boats entering the said harbor, according to the rates
following ; that is to say :
Pot and pearl ash, per barrel, nine pence.
Fork, whiskey, salt, beef, and lard, per barrel, six pence.
Flour, per barrel, four peiice.
M^^handize, p^ barrel bulk, six pence.
LArd and Butter, per keg, one penny half-penny.
Merchandize, per ton, seven shillings and six pence.
West Iridjia' staves, per M. two shilUngs and' six pence.
Pipe staves, per M. twelve shillihgs and six pence.
Wheat and other grain, per sixty pounds, ohe peilny.
Lumber, per M; foot, board measufe, one shiUiiig and three pence.
Boats and vessels under twelve tbns, one shiUnug and thi^e pence;
Boats under five tons, free^
Boats or Vessels above twelve tons', and not over fifty, ^wo shillings and sisc pence.
Vessels ov^r fifty tbns, five shillings.
V. And be it further enacted by the authority aforesaid; That the said harbor, liidles,
piers, wharves, buildings, erections, and all materials which shall be from tittfe to timd thecompwiy
prot or provided for constructing, building, inaintainins:, or repairing the «iarne, andth^sAfd'
tolltJ on goods, wares, or merchandise, as hereinbefore mentioned, shall'- be, and' the saihe
are hereby, I'ested in the saidcompany and their successors' forever.
VL And he it'&irther enacted by the authority aforesaid. That if any person or jiersdns
shall neglect or* lipase to pay the tolfeor dues' to be collected' Under this aift, it shall' afld
62 Digitized by
Regulation reipecUng
Uie award.
Tolls and rates wppoim
ed.
Iltirbor, &c. vested in
Google
4M
C. 11.— Tbwth Yva& of Obobgk 1V.-^1829.
tFisw SsMioir,
CompeliiBg paj muki o
JMrecton how ehosen.
To be f eTCB in namber.
Pretident
Voting regnUted.
DeAwlC of making elec-
tion on tkto daj ap-
Directort to
nilet.
Appoint olRcen and
assign salaries, &c.
First directors how
and when to bo chosen.
Amount of capital.
Knnibcr of shares.
may be lawful for the said companj, or their officer^ clerk, or servant, duly appointed, to
seize or detain the goods, vessels, or boats, on which the same were doe and payable,
until such tolb are paid ; and if the same shall be unpaid for the space of thirty days
next after such seizure, the said company, or their officer, clerk, or servant, as afwesaid,
may sell or dispose of the said goods, vessels, or boats, or such part thereof as may be
necessary to pay the said tolls, by public auction, giving ten days' notice thereof, and
return the overplus, if any, to the owner or owners thereof.
VII. And be it further enacted by the authority aforesaid, That the property, affairs,
and concerns of the said company shall be managed and conducted by seven directors,
one of trhom shall be chosen president, who shall hold their offices for one year, which
said directors shall be stockholders to the amount of at least four shares, as well as inhabi-
tants of this [H'ovince, and be elected on the first Monday in February in every yevy at
Cobourg, at such time of the day as a majority of the directors, for the time being, shall
appoint, and public notice thereof shall be given in the Upper Canada Gazette, or in any
newspaper or newspapers that maybe published in the said district of Newcastle, at
least thirty days previous to the time of holding the said election ; and the said election
shall be held and made by such of the stockhcrfders of the said company as shall attend
for that purpose, in their own proper persons, or by proxy, and all electioBs for. such
directors shall be by ballot, and the seven persons who shall have the greatest number of
votes at any election, shall be directors ; s^nd if it shall happen at any such election, that
two or more have an equal number of votes, in such manner that a greater number of
persons than seven shall, by a plurality of votes, appear to be chosen directors, then the
said stockholders hereinbefore authorized to hold such election, shall proceed to elect
by ballot until it is determined which of the said persons so having an equal qumber of
votes, shall be director or directors, so as to complete the whole number of seven; and
the said directors so chosen, as soon as may be after tbe said election, shall proceed in
like manner to elect by ballot one of their number to be president ; and if any vacancy
or vacancies shall at any time happen among the directors, by death, resignatioB, or
removal from tbe province, such vacancy or vacancies shall be filled for the remainder of
the year in which they may happen, by a person or persons to be nominated by a amjotity
of tlie directors.
YIII. And be it further enacted by the authority aforesaid, That each stockholder sbaU
be entitled to a number of votes proportioned to the number of shares which he or she
shall have held in his or her own name, at least one month prior to the time of voting,
according to the following rules ; that is to say, one vote for each share not exceeding
four, five votes for six shares, six votes for eight shares, seven votes for ten shares, and
one vote for every five shares above ten.
IX. And be it further enacted by the authority aforesaid. That in case it should at any
time happen that an election of directors should not be made on any day when, pursuant
to this act, it ought to have been made, the said corporation shall not for that cause be
deemed to be dissolved, but it shall and may be lawful on any day to make and hold an
election of directors in such manner as shall have been regulated by the by-laws aid
ordinances of the said corporation.
X. And be it further enacted by the authority aforesaid, That the directors, for the
time being, or the major part of them, shall have power to make and subscribe such rules
and regulations as to them shall appear needful and proper, touching the management and
disposition of the stock, ^operty, estate, and effects of th6 said corporation, aad touching
the duty of the officers, clerks, and servants, and all such other matters as appertain to
the business of the said company ; and shall also have power to appoint as many officers,
clerks, and servants, for carrying on the said business, with- such salaries and allowances
as to them shall seem fit.
XI. And be it further enacted by the authority aforesaid, That on the third Monday
after the passing of this act, a meeting of the stockholders shall be held at Cobourg, who,
in the same manner as hereinbefore provided, shall proceed to elect seven persons to be
directors, who shall continue in such office until the first Monday in February next after
their election, and who, during such continuance, shall discharge the duties of directors
in the same manner as if they had been elected at the annual election : Provided always.
That if shares to the amount of three thousand pounds of the capital stock of the
said company shall not be taken, then the said meeting shall not be held until that
amount of stock shall have been taken up, and at least thirty days' notice thereof given
in the Gazette, or in any newspaper or newspapers that may be published in the said
district.
XII. And be it further enacted by the authority aforesaid. That the whole camtal or
stock of the said company, inclusive of any real estate which the company may nave or
hold by virtue of this act, shall not exceed in value seven thousand five hundred pounds,
to be held in six hundred shares, of twelve pounds ten shillings each ; aai that the shaves
Digitized by VniJOy It:
Tenth Pam-iament.]
C. 11,— Tenth Year op Oeoroe IV.— 1889.
495
of the said capital stock may, after the first instalment thereon shall have been paid, be
transferred by the respective persons subscribing or holding the same, to other person or
persons, and such transfer shall be entered or registered in a book or books, to be kept
for that purpose by the said company.
XIII. And be it further enacted by the authority aforesaid, That as soon as directors
have been appointed as aforesaid, it shall and may be lawful for them to call upon the
stockholders of the said company, by giving thirty days' notice thereof in the Gazette, or
in any newspaper or newspapers that may be published in the said district, for an instal-
ment of ten per cent, upon each share which they or any of them, respectively may
subscribe, and that the residue of the sum or shares of the stockholders shall be payable
by instalments, in such time and in such proportion as a majority of the stockholders, at
a meeting expressly convened for that purpose, shall agree upon, so as no such instalment
shall exceed ten per cent, nor become payable in less than thirty days after public notice
in the Gazette, or in any newspaper or newspapers that may be published in the said
district : Provided always, That the said directors shall not commence the construction
of the said harbor until the first instalment shall be paid in.
XIV. And be it further enacted by the authority aforesaid. That if any stockholder or
stockholders, as aforesaid, shall refuse or neglect to pay at the time required any such
instalment or instalments as shall be lawfully required by the directors, as due upon any
share or shares, such stockholder or stockholders so refusing or neglecting shall forfeit
such share or shares as aforesaid, with any amount which shall have been previously paid
thereon ; and that the said share or shares may be sold by the said directors, and the sum
arising therefrom, together with the amount previously paid in, shall be accounted for and
applied in like manner as other monies of the said company : Provided always. That the
purchaser or purchasers shall pay the said company the amount of the instalment required,
over and above the purchase money of the shar^ or shares so purchased by him, her, or
them, as aforesaid, immediately after the sale, and before they shall be entitled to the
certificate of the transfer of such shares so purchased as aforesaid : Provided always,
nevertheless. That thirty days' notice of the sale of such forfeited shares shall be given
in the Upper Canada Gazette, or in any newspaper or newspapers that may be published
in the district of Newcastle, and that the instalment due msiy be received in redemption
of any such forfeited share, at any time before the day appointed for the sale thereof.
XV. And be it further enacted by the authority aforesaid. That it shall be the duty of
the directors to make annual dividends of so much of the profits of the said company, as
to them, or the majority of them, shall seem advisable ; and that once in each year an
exact and particular statement shall be rendered of the state of their affairs, debts, credits,
profits, and losses ; such statement to appear on the books, and to be open to the perusal
of any stockholder, at his or her reasonable request.
XVI. And be it further enacted by the authority aforesaid, That this act shall be deemed
and taken to be a public act, and as such shall be judicially noticed by all judges, justices
of the peace, and other persons, without being specially pleaded.
XVII. And be it further enacted by the authority aforesaid. That at any time, after
fifty years after the making and completing the said harbor, his Majesty, his heirs and
successors, may assume the possession and property of the same, and of all and every the
works and dependencies thereto belonging, upon paying to the said company, for the use
of the stockholders thereof, the full amount of their respective shares, or of the sums
furnished and advanced by each subscriber, towards the making and completing the said
harbor, together with such further sum as will amount to twenty-five per cent, upon the
monies so advanced and paid, as a full indemnification to such company ; and the said
harbor shall, from the time of such assumption, in manner aforesaid, appertain and belong
to his Majesty, his heirs and successors, who shall from thenceforth be substituted in the
place and stead of the said company, upon the conditions, and subject to the provisions,
of any act of the legislature of this province, that may be passed of or respecting the
same : Provided always. That it shall not be lawful for his Majesty, his heirs and succes-
sors, at any time after the expiration of the said fifty years, to assume the possession and
property of the said harbor, with its appurtenances as aforesaid, unless it shall appear
from the accounts. of the said company, to be for that intent laid before the legislature,
that the stockholders of the said company have received every year, upon an average,
the sum of twelve pounds ten shillings, for every hundred pounds they shall be possessed
of in the said concern.
XVII I. And be it further enacted by the authority aforesaid. That from and after the
period when the possession of the right, interest, and property, in and to the said harbor,
shall have been assumed by his Majesty, his heirs or successors, as hereinbefore autho-
rized, all tolls and profits arising therefronT shall be paid into the hands of his Majesty's
receiver general, to and for the public uses of this province, at the disposition of the
legislature thereof, and shall be accounted for to his Majesty, his heirs and successors.
TfftBfteof aliaKt.
Calling in iattabneiitt.
Shares forfeited if in-
stalmeiita iball not be
paid in.
Sale of forfeited sharei.
DiTidendi of profiti.
Aceoimta to be oprn to
•tockholden.
After fiftj yean, bia
Migeaty may asaume
tbe posMMion of tbe
On what eonditiotM.
Appropriation of tolle
after ancb asgamptioii
by hifl Mi^sty.
bigitized by Google
C. ]2.—JwTB. Yf^i> Of QcoMs |V.—
[F4t¥» ^|a|iVi»>
tbrcMK^ th,e loid^ cpmipisaiQaiara of bi^ Majesty's U^wwYj i^ ^^^ oii^nBer a^ ((^m ^
his Mspegtj, his heirs and successors, shall be graciously pleased to ^reci : .Provided
Time of eoimnencmg ^Iwajs, That the Said harbjpr shall be commenced within one year, and completed withio
an^omp eting t e ^^^^^^ jears, after the passing of this act ; otherwise this act, and eyery matter apd ihii^
herein contained, shall ceasoi and hie utterly puU and void.
Jh-eambk.
A joint utock enmpany.
incorporated for ma-
king a harbor at Port
Hope.
Corporate
Seal.
May hold and dijp<^^e
of real estate.
May not eany op the
basin^a of hwiiii^
The eompaoy empow-
ered to conftmet a har-
bor at Port Hope.
To build piers, &e.
Prorieion for compen-
sating owners of lands
for property taken, da-
mages aone, &e.
AibitratioB.
Chapter XI I.
An act to incorporaie certain persons therein named, under the style and titUi oj' ti^
^' Port Hope Harbor and Wharf Oompany*^^
[Pa#aedM»n^4«^lS29.1
Whui^as a safe and commodious harbor and wharf, at the, village of Port Hope,
in the district of Newcastle, in this piovince, would be a valuable public improve-
ment ; and whereas John David Smith, John Brown, John Tucker WiUiaims, Clwrte
Fothergill, David Smart, Ms^cus Fayette Whitehead, John Hall, Moore Lee, James
Crowley, Colin James Baldwin, William Whitla, and John Huston, have petitioned to be
ihcprporated for the puipose of constructing the same, by means of a joint stock companj ;
be it therefore enacted by the King^s most excellent Majesty, by and with ih^ advice
and consent of the legislative oouncil and assembly of the province of Upper Canada,
constituted and assembled by virtue of and under the authority of an act passed in tbe
parliament of Great Britain, entitled, ^' An act to repeal certain parts of an act pfi^sed in
(he fourteenth year of hia Majesty^s reign, entitled, \ An act for making viore efieetual
provision for the governtnent of the province of Quebec, in Npith America, and to make
(urther provision for the government of the said province,'" and by the autbodty of the
siamei That the said John David Smith, John Brown, John Tucker Williams, Ciiarie&
Foth^rgill, David Smart, Marcus Fayette Whitehead, John Hall, Moore L©e, James
Crowley, Colin James Baldwin, William Whitla, and John Huston, together wiAi all such
persons as shall become stockholders in such joint stock or capital, as is hereinaAer men-
tioned, and their successors, shall be, and are hereby, ordained, constituted, and declare/d,
to be a body corporate and politic, in fact, and by the name of the " President, Directors
and Company of the Port Hope Harbor and Wharf Company ;" and by that name they
and their successors shall and may have continued succession, and by such name shall be
capable of contracting and being contracted with, of suing and being sued, pleading and
being impleaded, answering and being answered unto, in dl courts and pla^^es. whatsoever,
in all manner of actions, suits, complaints, matters, and causes, whatsoever ; and thatthej
and their successors may and shall have a common seal, and may change and alter tbe
same at their will and pleasure ; and also that they and their successors, by the same
name of the " President, Directors and Company of the Port Hope Harbor and Wharf
Company," shall be by law capable of purchasing, having, and holding, to them and their
successors, any estate, real, personal, or mixed, to and lor the use of the said company,
and of letting, conveying, and otherwise departing therewith, for the benefit and 09
account of the said company, from time to time, as they shall deem necessary and expe-
dient: Provided always, That nothing herein contained shall extend, or be construed to
extend, to allovy the said company to carry on the business of banking.
II. And be it further enacted by the authority aforesaid. That the said company are
hereby authorized and empowered, at their own cost and charge, to cpnstruct a harbor at
Port Hope aforesaid, which shall be accessible to, and fit, safe, and commodious for the
reception of such description and burthen of vessels as commonly navigate lake Ontario,
and ako to erect and build all such needful moles, piers, wharves, buildings, and erections,
whatsoever, as shall be useful and proper for the protection of tbe said harbor, and for
the accommodation and convenience of vesseb enteriog, lying, loading, and unloading
within the same, and to alter, amend, repair, and enlarge the same, as may be found expe^
dient and necessary.
III. And be it further enacted by the autlicrllr aforesaid, That the directprs of the
said company shall be, and they are hereby, empowered to contract, compound, compro-
mise, and agree, with the owners and occupiers of any land through or .upon w^bich they
may determine to dredge, cut, and construct the said harbor, with all necessary and
convenient roads, streets, and approaches thereto, to be made 'and constructed, eitlier bv
purchase of so much of the said land, as they shall require for the purposes of the said
company, or for the damages which hj5, she, or they shall and may be entitled to recover
from the said cpmpany, in consequence of the said intended harbor, roads, streets, and
approaches thereto, being cut, made, and constructed, in and upon his, her, or tlicir
respective lands; and in case of any disagreement between the said directors and the
owner 9,r owners, occupier or occupiers, aforesaid, it shall and may be lawful, from time
Digitized by VrjiJOV IC
T^aai^w P^llliUiiiaiT.]
C- l9.-r-rTs|rVH Y^^ OF fijSfmQS lV,-r.l829.
\0l
to time, as often us the said du^cters flhaU think A% for eii^h ovoer or oeqppier ^ 4ifh
agreeing with the said dir^ctors^ either upon the value of the Janda and ^nemeoto
proposed to be purchased, or upon the amount of damages to be paid to them, aa afim^eaid)
to nominate and appoint one or more indifferent person or persona, and for the said dire^lpr^
to nominate an equal number of ipdiffierent persona, who, together with one Qtbar persmr
to be elected by ballot by the persons so named, shall be arbitrators, to award, determne)
adjud^, and order, the respective sums of money which the said ^mpapy shall ps^y to
the respective persons eotitled to receive the same, the award of a majority of whovi ahali
be final ; and the md arbitrators shdL and . thoy ar^- hereby required to, attend at aO|Q0
convenient place, in the vicinity of the said intended harbor, to be appointed l^r the a#d
directors^ after eight days' notice given them for that purpose by the said direetofa, thw
and there to arbitrate, award, adjudge, and determine, such matters apod things as sbaU he
submitted to their consideration by the parties interested, and that efich ai:bit|;atfr sbitt
be sworn before spme one of bis Majesty's justices of the peace, in and for the said distri^ii,
any ol whom may be required to attend the said meeting for that purpose, well and tr»}y
to assess the damages between the parties, according to the best of his judgment i Pff^
i^ided alway^f That any award made under this act shall he autject to b^ set aside on
appiicatigi) to the court of king's beuch^ in the same maimer and nn ^hei WM giouadm US
in ordinary cases of submission, by the parties, in wbi^sh ease a re£e|^nee if^ he. agifii
laade to arbitration, as hereinbefore provided.
iV. And be it further enacted by the authority aforesaid, That so soq:|i as the said hai^
bor shall be so far completed as to be capable of receiving and sheltering vess^, the saftd
company shall have full power and authority to ask for, demand, receive, reeover, and
take as toll, to and for their own use and benefit, and on all goods, wares and mnpshandia^
shipped or landed on hoard, or out of any vessel or boat from or upon any part ^f the lake
shore between the eastern boundary of lot number one, and the western boundary ef lot
number ten, in the first and broken concession of the township of Hope, in U>e m4
district of Newcastle, and upon all vessels and boats entering the said harbc^S acewUi^
to the rates followio^ ; that is to say :
Pot and pearl ash, per barrel, nine pence.
Pork, whiskey, salt, beef, and lard, per barrel, six pence.
Flour, per barrel, four pence.
Merchandize, per barrel bulk, six pence.
Lard and butter, per hundred weight, two pence.
Merchandise, per ton, seven shillings and six pence.
West India staves, per M. two shillings and six pence.
Pipe staves, per td. twelve shillings and six pence.
Deals, per hundred pieces, five shillings.
Wheat and other grain, per bushel of sixty pounds, one penny*
Lumber, per thousand feet, board measure, one shilling and three penee.
3oats and vessels under twelve tons, one shilling and three pen<$e^
Boats under five tons, free.
Boats or vessels above twelve tons, and not over fifty, two shillinga and six penee*.
Vessels above fifty tons, five shillings.
V.«And be it further enacted by the authority {foresaid. That the said harbor, molea,
piei«, wharves, buildings, erections, and all materials which shall be from time to time got
or provided for constructing, building, maintaining, or repairing the same, and the said
tolls on goods, wares, or merchandize, as hereinbefore mention^, shall be, and the smm
hereby vested in the said company and their successors forever.
Axbitntor* to be
'yoftita^*^^*.
Harbor^ ke. a&dti^..
Teatod intiie eompaay.
are.
STJIf"
l^TpWBrTfl^
VI. And be it further enacted by the autherity aforesaid, That if any person, ov persona
shall neglect or refuse to pay the tolb and dues to be collected under this act^ it shall andl
may be lawful for the said company, or their officer, clerk, oc servant, didy .appointediy.lQ
seize or detain the goods, vessels, or boats, on wUch the same were due aSad pagriMe^
until such toHs are paid ; and if the same shall be unpaid for the spaee o£ thirty days noadb
after such seizure, the said company, or their officer, clerk, or servant, as aforesaid, may
seU oi; dispose of the said goods, vessels, or boats, or such pact thereof as may be neceer.
sary to pay the said tolls, by public auction, giving ten days' notice thereof, and: return
the overplus, if any, to the owner or owners thereof.
VII. And be it further enacted by the authority aforesaid. That the property, affairs,
and concerns of the said ccftnpany shall be managed and conducted by seven directocs, one.
of whom shall be chosen president, who shall hold their offices for one year, which said
directors shall be stockholders to the amount of at least four shares, as well as inhabitaoto
of this province, and be elected on the first Monday in January in every year^ aS Port
Hope, at such time of the day as a majority of the directors, for the^time being, shall apr
point, and public notice thereof shall be given in the Upper Canada Qazette, and in smy j^^^^ of d«T of eko^
newspaper or newspapers that may be published in the said district of Newcastle^ atleaeli tkHi. ^^ I
' Digitized by vnOOQ IC
SeTen direeton to be
choieii.
Time aa
election.
498
C, 12.— Tknth Yuar op Georoit IV.— 1829.
[First SKssmir,
PMsident.
How
to be
Reguktion ft« to TOtbig.
Coiporation not to be
disf otred ibr fmihure of
ehootiag eleetort oa
the day eppointed.
PkvriiioD ia taeh c«ie.
Diieeton vomj nuike
by-laws ; manaiee the
pmin of the commuiy;
appoiat cleriu and ter-
▼aats; limit falariei,
&e.
First eleetioB of difee-
ten.
No meetiag to be held
until shares shall be
taken to the amount of
jeS,0OO.
Crapital
limited to £7,-
Kvmber of shares.
Tnnefer of shares.
Instalments how to be
called in.
thirtj days previous to the time of holding the said election ; and the said election shaD
be held and made bj such of the stockholders of the said company as shall attend for that
purpose, in their own proper persons, or by proxy, and all elections for such directors
cfhalt be by ballot, and the seven persons who shall have the greatest number of votes at
any election shall be directors ; and if it shall happen at any such election, 4hat two or
more have an equal number of votes, in such manner that a greater number of persons
than seven shall, by a plurality of votes, appear to be chosen directors, then the said
stockholders hereinbefore authorized to hold such election, shall proceed to elect by
ballot, until it is determined which of the said pcrsotis so having an equal number of votes
shall be director or directors, so as to complete the whole number of seven ; and the -«5aid
dii^ctors so chosen, as soon as may be after the said election, shall proceed in like mAn-
ner to elect by ballot one of their number to be president ; and if any vacancy or vacancies
shall at any time happen among the directors, by death, resignation, or removal firom the
province, such vacancy or vacancies shall be filled for the remainder of the year in
which they may happen, by a person or persons to be nominated by^ a majority of the
directors.
VIII. .Amd be it further enacted by the authority aforesaid, That each stodcholder
shall be entitled to the number of votes proportioned to the number of shares wfiich he or
she shdl have held in his or her own name, at least one month prior to the time of voting,
according to the following rates, that is to say : one vote for each share not exceeding
four, five votes for six shares, six votes for eight shares, seven votes for ten shares, and
one vote for every five shares above ten.
IX. And be it further enacted by the authority aforesaid. That in case it should at any
time happen that an election of directors should not be made on any day when, pursuant
to this act, it ought to have been made, the said corporation shall not for that cause be
deemed to be dissolved, but it shall and may be lawful on any day to make and hold an
election of directors in such manner as shall^ have been regulated by the by-laws and ordi-
nances of the said corporation.
X. And be it further enacted by the authority aforesaid. That the directors, for the
time being, or a major part of them, shall have power to make and subscribe such rules
and regulations as to them shall appear needful and proper, touching the management and
disposition of the stock, property, estate, and effects of the said corporation, and touching
the duty of the officers, clerks, and servants, and all such other matters as appertain to
the business of the said corporation ; and shall also have power to appoint as many officers,
clerks, and servants, for carrying on the said business, with such salaries and allowances
as to them shall seem fit.
XI. And be it further enacted by the authority aforesaid. That on the fourth Monday
after the passing of this act, a meeting of the stockholders shall be held at Port Hope, who,
in the same manner as hereinbefore provided, shall proceed to elect seven persons to be
directors, who shall continue in such office until the first Monday inJanuary next after
their election, and who, during such continuance, shall discharge the duties of directors
in the same manner as if they had been elected at the annual election : Provided always,
That if shares to the amount of two thousand five hundred pounds of the ca]ntal stock of
the said company shall not be taken, then the said meeting shall not be held until that
amount of stock shall have been taken, up, and at least thirty days' notice thereof given
in the Gazette, or other paper or papers published in the said district of Newcastle.
XII. And be it further enacted by the authority aforesaid. That the whdc capital or
stock of the said company, inclusive of any real estate which the company may have or
hold by virtue of this act, shall not exceed in value seven thousand five hundred pounds,
to be held in six hundred shares, of twelve pounds ten shillings each, and that the shares
of the said capital stock may, after the first instalment thereon shall have been paid, be
transferred by the respective persons subscribing or holding the same, to other person or
persons, and such transfer shall be entered or registered in a book or books to be kept for
that purpose by the said company.
XIII. And be it further enacted by the authority aforesaid, That so soon as directors
have been appointed as aforesaid, it shall and may be'lawful for them to call upon the
stockholders of the said company, by giving thirty days' notice thereof in the Gazette, or
other paper or papers published in the said district of Newcastle, for an instalment of ten
per cent, upon each share which they, or any of them respectively, may subscribe ; and
that the residue of the sum or shares of the stockholders shall 1)e payable by Instalments,
in such time and in such proportions as a majority of the stockholders, at a meeting to be
expressly convened for that purpose, shall agree upon, so as no such instalments shall
exceed ten per cent., nor become payable in less than thirty days after public notice in
the Gazette, or other'paper or papers as aforesaid : Provided always, That the said direc-
tors shall not commence the construction of the said harbor until the first instalment shall
be paid in*
Digitized by
Google
FSMTK PaAUAMBNT.]
C. 13.--*T£NTH YXAM OF GxOM£ lY.— 1829.
4*9
XIV. And be it further enacted by the aathority aforesaid, That if any stoekholder or
stockholders as aforesaid, shall refuse or neglect to pay, at the time required, any such
instalment or instalments as shall be lawfully required by the directors, as due upon any
share or shares, such stockholder or stockholders, so refusing or neglecting, shall forfeit
such share or shares as aforesaid, with any amount which shall haire been previously paid
thereon, and that the said share or shares may be sold by the said directors, and the sum
irising therefrom, together with the amount previously paid in, shall be accounted for and
ipplied in like manner as other monies of the said company : Provided always, That the
purchaser or purchasers shall pay tba said company the amount of the instalment required,
over and above the purchase money of the share or shares so purchased by him, her, or
them, as aforesaid, immediately after the sale, and before they shall be entitled to the
certificate of the transfer of such shares so purchased as aforesaid : Provided always. That
thirty days' nodce of the sale of such forfeited shares shall be given in the Upper Canada
Gazette, and in any newspaper or newspapers that may be published in the district of
Newcastle, and that the instalment due may be received in redemption of any such for-
feited share, at any time before the day appointed for the sale thereof.
XV. And be it further enacted by the authority aforesaid. That it shall be the duty of
the directors to make annual dividends of so much of the profits of the said comfiany, as
to them, or the majority of them, shall seem advisable ; and that once in each year an
exact and particular statement shall be rendered of the state of their affairs, debts, credits,
profits, and losses ; such statements to appear on the books, and to be open to the perusal
of any stockholder, at his or her reasonable request.
XVI. And be it further enacted by the authority aforesaid. That this act shall be deemed
and taken to be a public act, and as such shall be judicially noticed by all judges, justices
of the peace, and other persons, without being specially pleaded.
XVII. And be it further enacted by the authority aforesaid. That at any time, after
fifty years after the making and completing the said harbor. Us Majesty, his heirs and
successors, may assume the possession and property of the same, and of M and every the
work and dependencies thereto belonging, upon paying to the said company, for the use
of the stockholders thereof, the full amount of their respective shares, or of the sums
furnished and advanced by each subscriber, towards the making and completing the said
harbor, together with such further sum as will amount to twenty-five per cent., upon the
monies so advanced and paid, as a full indemnification to such company ; and the said
harbor shall, from the time of such assumption, in manner aforesaid, appertain and belong
to his Majesty, his heirs and successors, who shall from thenceforth be substituted in the
place and stead of the said company, upon the conditions, and subject to the provisions,
of any act of the legislature of this province, that may be passed of or respecting the same :
Provided always. That it shall not be lawful for his Majesty, his heirs or successors, at
any time after the expiration of the said fifty years, to assume the possession and property
of the said harbor, with its appurtenances as aforesaid, unless it shall appear from the
accounts of the said company, to be for that intent laid before the legislature, that the
stockholders of the said company have received every year, upon an average, the sum of
twelve pounds ten shillings, for every hundred pounds they shall be possessed of in the
said concern.
XVIII. And be it further enacted by the authority aforesaid. That from and after the.
period when the possession of the right, interest, and property, in and to the said harbor,
shall have been assumed by his Majesty, his heirs and successors, as hereinbefore autho-
rized, all tolls and profits arising therefrom shall be paid into the hands of his Majesty's
receiver general, to* and for the public uses of this province, at the disposition of the
legislature thereof, and shall be accounted for to his Majesty, his heirs and successors,
through the lords commissioners of his treasury, in such manner and form as his Majesty,
his heirs and successors, shall be graciously pleased to direct : Provided always, That
the said harbor snail be commenced within one year, and completed within seven years
after the passing of this act ; otherwise this act, and every matter and thing herein con-
tained, shall cease, and be utterly null and void.
For non-payment of in-
•taJnenU, ■hares to be
forfeited.
Regulationa rei
the sale of
share*.
DiTideada of profita to
be made annnaUj.
Acconnta to be exhibit-
ed.
Public aet.
After fiftj yean, hia
M^ieatj Bunr aaaiiine
the harbor, «c.
On what eonditiona.
How Uiei<;»Us,l^c. shall
be appropriated, in case
his Majesty shall as-
sume the haibor.
Time for coasmcnei«g
and completing the har-
bor.
Chapter XIII.
An act to provide for the guiding line in the township of Lancaster, in the Eastern
district.
[Passed March 20, 182a.]
Whereas by the third clause of an act passed in the fifty-ninth year of the reign of his Preamble,
late Majesty, King George the Third, entitled, " An act to repeal an ordinance of the pro-
vince of Quebec, passed in the twenty-fifth year of his Majesty's reign, entitled, *An
ordinance concerning land surveyors, and the admeasurement of lands,' and also to extend
Digitized by
SaUi Geo. Ill, e 14, re-
cited.
Google
0. 14, I&— tiBRn Ykm at Qmnies IV.—lSSg.
|Fi
bide Unei in the town-
ehi^ of LeneMter were
not origioally nm par-
allel to the eaf torn
bowidaty of the town-
ahip frook whence the
lotamre nomhered.
Hie wMeito aid« Bn«
of the township to be
taiken as the goreming
boundary.
the j/itmMom of an del pusseA in the tUMy-^ighlb jeHr el Ids Mqesfy's ni^ enfilled,
^ All aet to sttecifftaiDaiid establish on a perma&eiit footing the bo^ thedttBrent
townships of this province, and further to regulate the manner in which lands are hereafter
t^ be sutvejed,' '' it is enaotedv that the boundary line of each and every townriiip, on
that Side froa» which the lots are numbered,- shall be the course or courses of the respec-
tive division or side lines throughout the several townships and concessions of this provioee,
respectively ; and whereas the side lines of lots in the township of Laneaaler, in the
Eaeterd districty were not originally run parallel to the eastern boundary of fhe ssad
towne^ips frott which the lots are numbered, and great difficulty and inconvenience wo«ild
arise to* the inhabitattts of the sdid townships by having tfaetr side lines or linnls between
lets, mil pursuant to the said act; be it therefore enacted by the King's moeC eseeHent
lil^esty,, by and with the advice and consent of the legislative council and assemUy of
act for making more effsctual provision for the goverfunent of the province of Q^riiee, in
North America, and to make ftirther provision for the govenunent of the said ppovinee,'"
and by the authority of the same. That from and after the passing of this act, the western
Umtit or side line o£ the said township shall be taken as the governhig boundary^ nod that
the side lines of lots in the said township shall and may be ron parallel thereto^ alay thing
iairthe sai^ ledtedact to the contrary notwithstanding.
PMUttblea
t^drreyor general to or-
der a surrey to be
made of the limit be-
tween the ninth and
tenth concessions of
snMoni^. ni'unr unuicc^
oP JowMto wni
Parties reoairing snch
snnrey shall fint giTC
security for the ex*
An dcfto provide for the survey of a part of the township of Oxford^ in the Johnstown
district.
[Passed Mareh 20^ 1629.]
Whereas f Ae inhabitants of the tenth concession of the township of Oxford, in the
district of Johnstown, have by petition set forth that the division line between the said
concessiori and the ninth concession of the said township, hath never been surveyed and
ascertained, and have prayed that an act may be passed to authorize the survey of the
said line ; and whereas is expedient, in order to prevent disputes and litigation, that the
prayer of the said petition should be granted ; be it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
ubder the authority of an act passed in the parliament of Great Britain, entitled, '* An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty *s reign, enti-
tled, * An act for making more effectual provision for the government of the province of
Quel>ec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same, That it shall and may be lawful for the
siirveyor general of the province, or person acting in that capacity, for the time being, to
cause such line to be duly surveyed, and a plan and report thereof to be returned to his
office by some competent and disinterested surveyor, and that such line when survejred
and ascertained, under the authority of this act, shall be deemed and considered as the
tfUe and unalterable boundary between the said concessions.
n. Provided, always, however, and be it further enacted by the authority aforesaid,
1*hat no such line shall be run or ascertained by the authority of this act, until the parlies
or persons requiring the game shall have given proper security for 'the payment of all
reaBonable esCpenses attiending the same.
Preamlde.
Road to be improved
from Dnndas tnrougfa
Bererlyaod Dnmfrics.
Chapter XV.
An act to incorporate certain persons for the purpose of making a turnpike road in the
county of HaUon, under the name of the " Dwndas and Waterloo Turnpike Com-
pony.
[Passed March 20, 1829.]
Whb&kas the inhabitants of the village of Dundas and of the townships of Waterloo^
Woolwich, and Dumfries, and those who reside in the country thereto adjacent, within
the district of Gore, will be much benefitted by the improvement and" further opening of
the public road now leading from the village of Dundas, in Flamborougii West,, through
the townships of Beverly and Dumfries, commonly called the swamp road, by which a
safe and easy communication with the head waters of the Desjardins' canal, leading into
Burlington biiy, may be had for carrying the produce of the said townships and the
Digitized by VnOOV IC
Taann FuMMAAUxiNr.]
O. 15.— Tbmth Ykab or Oxorgs IV.— 1829.
501
AbMlom Bliade, Abnir
ham CM>, and othen,
|»etitionen for an act of
incorporation.
Dondaa and Waterloo
tunpike company.
CapiUl £25,000.
Route of the intended
road.
A plan of the road to
be deposited in die
clerk of the peace's
office in the district
of Gore.
Gates to be erected.
Rates of toll.
neighboring oodntry to a market ; and whereas Absalom Shade, Abraham Erb, and
others, of' the town^ps of Waterioo, Dumfries, and Beverly, have petitioned to be
incorporated for the purpose of making, completing, and maintaining the said road as a
turnpike road ; and whereas the purposes aforesaid cannot be effected without the aid of
the legislature ; be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the pariiameilit of Great Britain, entitled, ^' An act to repeal certain parts of an act
paased in tiie fourteenth year of his Majesty's reign, entitled, 'An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same, That the said Absalom Shade, Abraham Erb, and such other persons as may
be admitted as their associates, in the aforesaid undertaking, their heirs, executors, adminis-
trators, and assigns, be and they are hereby constituted a corporation, by the name of the
Dundas and Waterloo Turnpike Company, with a capital of twenty-five thousand pounds,
and shall by that name sue and be sued, and have a conunon seal, and shall enjoy all the
privileges and powers incident to a corporation, for the sole purpose of improving, open-
mg, making, and keeping in repair, a turnpike road from the extremity of the village
of Dundas to the western extremity of Waterloo, following the present established and
travelled road, through what is commonly called the Swamp road.
H. And be it further enacted by the authority aforesaid, That so soon as the said road
shall be tumpiked, made fit and proper for the passage of travellers, cattle, and carriages, a
regular plan thereof ^hall be made by a sworn surveyor, at the expense of the said corpo-
ration, and by the said surveyor certified on oath to be correct, and shall be registered in
the office of the clerk of the peace for the said district of Gore ; and it shall thereupon
be lawful for the said corporation to erect gates on the said road, provided the same be
not at a less average distance than nine miles apart ; and the said corporation shall be,
and are hereby, entitled to receive at each of such gates, as tolls, the following sums, for
the proper use of the said corporation ; that is to say, for every sixteen miles of turnpike
road so made as aforesaid, the following fees :
For one pair of horses and wa^on, one shilling and ten pence half penny.
For every additional pair of horses, one shilling and three pence.
For one pair of oxen and waggon, or cart, one shilling and six pence.
Every additional pair of oxei), one shilling.
For one pair of horses and carriage on steel or iron springs, three shillings and nine
pence.
For every additional pair of horses, one shilling and three pence.
For one pair of horses, or oxen, and sleigh, one shilling.
For one horse and sleigh, seven pence half-penn3\
For one horse and waggon, or caiTiage, one shilling and three pence.
For one horse and rider, seven pence half-penny.
Fiw any waggon conveying exhibitions or caravans of any description, double in pi-o-
portion to the aforesaid rates.
For every horse, ox, bull, or cow, three pence.
For cattle under two years old, sheep, or swine^ three half-pence.
III. And be it further enacted by the authority aforesaid. That the said corporation ^^^ ^^ ^^ ^^
may, if they see proper, commute the toll with any person or persons, 11)y taking of him ^^dedVcJ, i'ceiSSii
or them a certain sum monthly or annually in lieu of such tolls ; and the said corporation *"■*•■
at all such places where the said tolls shall be collected, shall affix, or cause to be affixed,
in some conspicuous place at or near each toll gate, a table of the rates of toll, plainly and
legibly printed.
IV. And be it further enacted by the authority aforesaid. That the whole of the said
road shall be thirty feet wide ; and the cuts in each side to be of sufficient depth to
draw off the water ; and no hill to be of a greater ascent than sixteen inches to the rod ;
and any or all bridges so to be erected shall be made fit and proper for the passage of
travellers, horses, cattle, and carriages, and so wide as to permit teams and carriages freely
and conveniently to pass each other, over and above the room necessary on each side for
foot passengers*
V. And whereas the present road passes for a great part through the lands of absentees,
whereon pines of great length and magnitude, particularly in the swamp, exclude the
rays of the sun, be it therefore enacted by the authority aforesaid. That it shall be lavvful
for the said coqx)ration, whenever such may be the case, to cause the trees to be foiled or
slashed, to the distance of one chain on each side of the road.
VI. And be it further enacted by the authority aforesaid. That if any person or persons
shall, after proceeding upon the said road with any of the articles liable to toll, turn out
of the same into any other road, or being on any other road, shall enter the said road
63 • Digitized by
Tolla may be com-
Ratca to bo aiExcd at
the toll gate.
DeReHption of road to
be 1
Dimensions of bridges.
Woods
lands of alisentees ad-
inising the road, may.
be cut down«
Evasions of the toU pro^
hibitMl.
Google
502
C. 16.— Tenth Year of George IV.— 1829.
f FiR«T Sessiov,
Penalty.
Persons may travel
three miles on the torn-
pike^ (not passing any
gate,) without paying
toll.
Tickets, or checks, to
bensed.
Penalty for selling,
lending, &c. such ticK-
ets; or fraudulently
procuring exemption.
Punishment for ob-
structions or nuisances
in the road.
£rading tolls how pun-
ished.
Owners of adjacent
lands not to permit
persons to pass throuj^h
their lands to aToid
toU.
Exemptions from tolls,
in certain cases.
Punishment for delay-
iiig trareUors at the
toU gates, or for over-
chaining.
Remedy, if the road is
not kept in repair.
Punishment for inju-
ring the road, gates,
&c.
Attempting forciblr to
pass the gates without
paying ton.
the penalty to bo
eied.
How the
ntowi
beyond a turnpike gate, wherebj such payment shall be avoided, or shall take off or
cause to be taken off, any horse or other beast of draught from any carriage liable to toll,
at or before the same shall come to any turnpike gate ei*ected by virtue of this act, with
an intent to avoid paying any toll or rate hereby imposed, or shall put or leave in any
house or place, any horse or beast of draught, or any carriage liable to toll, with such
intent as aforesaid, every person so offending shall, for every such offence, foriSeit and
pay to the said corporation, or to their treasurer or collector, a sum not exceediDg ten
shillings, currency : Provided always, That any person or persons in any of the cases
aforesaid, who shall proceed no further upon the road than the extent of three miles, shall
not be adjudged liable to toll, unless he, she, or they shall pass a turnpike gate.
YII. And be it further enacted by the authority aforesaid. That the eorporation, at a
general meeting assembled, may make tickets or checks, under such regulations as tliey
may see fit, for prevention of fraud or abuses in the said tolls, or rates, or compontions,
as hereinbefore mentioned ; and the collector, and every person receiving saeh a ticket or
check, who shall give, lend, or dispose of the same to any person, or for any purposes
not authorized by the corporation in their said regulations, and every person who shall
wrongfully and knowingly receive, borrow, purchase, or use the same, and every person
who by any false pretext shall obtain an exemption from any toll to which he or she k
liable, being thereof convicted, shall for each offence, respectively, forfeit and pay a sum
not exceeding twenty shillings, currency.
VIII. And be it further enacted by the authority aforesaid, That no person shdU leave
any waggon, cart, or other carriage, nor shall lay, or cause to be laid, or left, any matter
or thing creating an obstruction of any kind, or nuisance, upon the said road, or ditches
or drains thereof; and every person so offending, shall, for every such offenee, forfeit
and pay a sum not exceeding ten shillings.
IX. And be it further enacted by the authority aforesaid, That if an^ person or persons,
occupying enclosed lands near to any turnpike or gate which shall be erected in pursuance
of this act, shall knowingly permit or suffer any person or persons to pass through such
lands, or through any gate, passage, or way thereon, with any carriage, or with any horae^
mare, gelding, or other animal, liable to the payment of the toll, whereby such pajment
shall be avoided, every person so offending, and also the persons riding or driving the
animal or carriage whereon such payment is avoided, being thereof convicted, shall, for
every such offence, severally forfeit and pay to the corporation, their treasurer or col-
lector, any sum not exceeding ten shillings currency.
X. Provided always, and be it enacted by the authority aforesaid, That no person,
with his horse or carriage, going to or returning from public worship, nor if attending or
returning from the funeral of any person who shall die within the same township, nor if
going from one |>art to another part of the same farm occupied by the same person, be
chargeable with any rate of toll whatever.
XI. And be it further enacted by the authority aforesaid. That if the said coUectoi^ or
toll-gatherers, or any other person in their employment, shall unreasonably hinder or delay
any passenger at either of the gates aforesaid, or shall demand or receive more toll than is
by law allowed, the said corporation shall forfeit and pay a sum not exceeding five pounds,
cuiTent money of this province, besides the reimbursement of what they shall have taken
above the said toll ; and the said corporation shall be liable to pay all damages which
may happen to any person, and which may arise from neglect or want of repair, on the
same road, after ttte same has been made, completed, and certified as afore^sid ; and it
shall be lawful for any person or persons having paid toll thereon, to prosecute the corpo*
ration in his Majesty^s court of king's bench of this province, and upon the finding of a
jury, that the said road, or any part thereof, is not in proper repair, the said eorporation
may and shall be obliged to have the same amended and repaired in a proper manner,
within the space to be limited by the court, who shall adjudge full costs and expenses of
suit to the prosecutor or prosecutors against such corporation, who shall pay the same at
their own private cost ; but if such prosecution shall uppn trial, be found to be vexatious
and groundless, the prosecutor or prosecutors shall be liable to costs to be taxed.
• XII. And be it further enacted by the authority aforesaid. That if any person or per-
sons shall cut, break down, or otherwise destroy, any of the turnpike gates, or any toll
house to be erected by virtue of this act, everj person so offending, and being lawfully
convicted, shall be deemed guilty of a misdemeanor, and punished by fine and imprison-
ment ; and if any person or persons shall remove any earth, stone, or timber, on the said
road, to the damage of the same, or shall forcibly pass or attempt to pass by force any of
the said gates, without first having paid the legal toll at such gate, such person or persons
shall pay all damages sustained by the said corporation, and shall forfeit and pay a fine not
exceeding two pounds, nor less than ten shillings currency, to be recovered befbre two
magistrates holding a court of requests within the district of Gore.
Digiti
zed by Google
TaXTH PABUAMEirT.]
C. 15,— Tkkth Year of George IV.— 1829.
5QS
CoRMrtikm m
luiaa for toll
XIII. And be it furtber enacted by the authority aforesaid, That the said corporation
be, and they are hereby enabled, to purchase, receive, and hold lands, sufficient for the
accommodation of their respective toU-gatherers, and the same to transfer in such manner
as by their by-laws they may direct.
XIV. And be it further enacted by the authority aforesaid, That there shall be a meeting
of the said corporation holden at some convenient place in the village of Dundas, or
toiw^nship of Dumfries, or Waterloo, as a majority of the petitioners and subscribers shall
agree, within the space of three calendar months from the day of the commencement of
this act, as hereinafter directed, of which one month's notice shall be given in four or
more of the most public places in the district, for the choosing of a clerk, and such other
officers as may be deemed necessary by the said corporation, and they may at that, or any
future meeting, make, repeal, and alter, such by-laws, rules, and regulations, not repug-
nant to law, as they may deem necessary for carrying into effect this set, and to regulate
the interests of said corporation.
XV. And be it further enacted by the authority aforesaid. That when any stockholder
shaU neglect or refuse to pay any instalment duly required by the said corporation, in the
manner by their by-laws directed, to the treasurer, for the space of ninety days after the
time for the payment thereof, the treasurer is hereby authorized to sell at public auction
the share or shares of such delinquent, under ^such regulations as the said corporation, by
their by-laws, may direct, and the purchaser, on producing a certificate of such sale from
the treasurer to the clerk of the said corporation, in the name of such purchaser, with the
number of the share or shares so sold, and the same being recorded by the clerk, at the
expense of such purchaser, the said purchaser shall thereupon be deemed to all intents
and purposes the proprietor thereof.
XVL And be it further enacted by the authority aforesaid. That it shall and may be
lawful, to and for each and every of the members of the said corporation, for the time
being, his and her executors, administrators, and assigns, to give, sell, alien, assign, devise,
or dispose of his, her, or their respective share or shares and interest in the said corpora-
tion, to any person or persons ; and the said person or persons, and their respective
assigns, shall be members of the said corporation, and shall be entitled to all and every of
the rights and privileges thereof, and to the profits and advantages thereupon arising.
XVJL Provided always, and be it further enacted by the authority aforesaid. That
nothing in this act contained shall be construed to extend to deprive the public, or any
individual, of the opening any front or by road, according to the laws of the province,
across the said turnpike road, to be made by virtue of this act ; nor to deprive the public,
or any individual, of making any other road conformable to the laws of this province.
XVIII. And be it further enacted by the authority aforesaid. That the said toll houses
and conveniences, and the said tolls, shall be, and the same are, hereby vested in the said
corporation forever : Provided always, That after the completion of turnpiking and esta-
blishing the said road, as fit and proper for travelling, agreeable to this act, it shall and
may be lawful for his Majesty, his heirs and successors, in any act of the legislature of
this province, assented to by his Majesty, his heirs and successors, to assume the
possession and property of the said road, bridges, toll houses, turnpikes, and conveniences,
and dissolve the said corporation, upon paying to the said corporation the full and entire
value which the same may, at the time of such assumption, be worth, and six per cent.
over and above the valuation ; and thereupon the said tolls shall, from the time of such
assumption, appertain and belong to his Majesty, his heirs and successor*, and the gover-
nor, lieutenant governor, or person administering the government, shall account from time
to time to the legislature of this province, for all tolls and duties arising therefrom.
XIX. And be it further enacted by the authority aforesaid. That to entitle the said
corporation to the benefits and advantages of this act, granted to the said corporation,
they shall, and are hereby required, within the period of three years from the passing of
this act, to turnpike sixteen miles of the said swamp road, from the east line of Beverly
to Andrew Groff's, near or at the line of Waterloo ; and such part or parts of said road,
hereinbefore mentioned, west of Andrew Groff 's, as shall not have been turnpiked, within
the space of five years after the passing of this act, shall be considered to have been for-
feited by the said company, and the said corporation shall cease to have any right, title,
or claim to the said forfeited part of the said road.
XX. And be it further enacted by the authority aforesaid. That the penalties hereby
inflicted (where otherwise not particularly directed by this act) shall, on proof of the
offences respectively, before any two or more of the justices of the peace for the district
of Gore, either by confession of the offender, or by the oath of one or more credible
witness or witnesses, (other than the prosecutor,) which oath such justices are hereby
empowered and required to administer, be levied, together with the costs of prosecution,
by distress and sale of the goods and chattels of such offender, by warrant, signed by
such justices, and the overplus, after such j>enalties, and the costs of prosecution and
Digitized by
hou
Company to meet
within three months
after passing of the act,
at Dundas.
Notice of meeting.
Making hy-biw».
Forfeiture of stock, br
neglect to pay instal-
ments.
Stock may be transfei-
red.
This act not to hinder
the making of other
roads crossing the
turnpike.
Tolls, toil houses, &e.
Tested in the corpora-
tion.
His Majesty, on cer-
tain terms, may assume
the turnpike, and all
things held therewith.
Time limited for com-
pleting the road.
Penalties under this
act how to be leried.
Costs.
Google
SMr
C. 16.--TB1ITR TfiAsi or Oeorge fV.— 18t9.
f Fmm 6i
dafKe* of distrets nd
ule.
Imprifloomeat for wmnt
of goods.
Apwopriation of pe-
Limitation of the
fits to be derived
the tompike.
Tolls not to exceed the
ratei herein specified.
Acconnts of the whole
expenditure in making
the turnpike and ap-
pendages, to be made
out and attested, and
deposited among the
records of the quarter
sessions.
And in each year ac-
counts shall De in like
rendered and
charges of siieh distress and sale are deducted, shall be delivered, on denaikd, Uf the
owner of such goods and chattels ; and for want of such sufficient distress^ Ae oficftder
shall be sent by such justices to the gaol of the district, for any time not exceeding one
month, nor less than four days, as such justices shall think most proper, one mmetj of
which penalties respectively, when paid and levied, shall belong to the person suing for
the same, and the other moiety to his. Majesty, to be paid into the hftnds of the receiver
general of this province, and the same shall be accounted for to his Majesty, his heirs «xi
successors, through the lords commissioners of his treasury, in such manner and form as
his Majesty, his heirs and successors, shall be pleased to direct, and at the disposid of the
legislature of this province.
XXI. And whereas, in undertakings of great expense, when the returns are uneertaffl, it
is reasonable and proper to encourage the prosecution of the same, by securmig to the
persons concerned therein, their successors and assigns, the possibility of a considerable
eventual benefit ; be it further enacted by the authority aforesaid, That the dear probts
to be received from the said turnpike road shall not, from and after seven years from the
time this act shall have operation, exceed twelve pounds per centum, per annmn, upon
the capital stock as hereinbefore mentioned, unless it shall be found at the said peHod ei
seven years, that the said corporation or society, successors or assigns, have not divided
a clear profit of twelve pounds per centum, per annum, on the said capital stock, in which
case the tolls shall be continued and be collected by and for the use of the said corporation
or society, their successors and assigns, at the rates allowed by this act, until such clear
profit shall be divided as above said, and from and after the said term of seven years from
the time this act shall have operation ; but after the time that the said rates of proits shall
have been made up, if more than such rates of profits shall have been so divided upon
the said capital, then the aforesaid tolls shall be reduced in manner following, that is to
say : If on making up and balancing of the year immediately preceding such time, (com-
prehending therein all receipts of tolls and all disbursements for repairs and expenses of
management,) it shall appear that the balance or clear profits of the said road within such
year, shall have exceeded the said rate of twelve pounds per centum, on the said capital,
then and in such case, the tolls to be taken during the course of one entire year, after
the first day of January then next following, shall be lower than the respective tolls here-
inbefore established, in the proportion of one twelfth part, as nearly as may be, to avoid
fractional parts of a halfpenny, for every twenty shillings per centum, which such clear
profits shall have exceeded the rate thereof by this act allowed to be divided ; and from
time to time thereafter the corporation shall, in their January term, fix and ascertain by
the same rate and standard, an augmentation or reduction of such tolls to be taken during
the course of one entire year, after the first day of February following, in proportion as
the tolls during the course of twelve months immediately preceding shall appear by the
accounts of such twelve months, so made up and balanced, to have exceeded or fsdlen
short of the said clear profit of twelve pounds per centum ; but in no case shall the tolls
so augmented exceed the rates of toll authorized to be taken by this act ; and the said
corporation or society, their successors and assigns, shall not demand or take, or be enti-
tled to receive after the time aforesaid, any greater or higher rates of toll than in the said
reduced or augmented proportions is fixed by the corporation aforesaid, any thing in this
act contained to the contrary notwithstanding.
XXII. And in order to ascertain from time to time the clear profits arising from the said
road, be it further enacted by the authority aforesaid, That so soon as the road shall be
made and completed, a true and exact account shall be made out of all monies which
shall have been expended in making and completing said road, as also the toll houses and
turnpike gates and land thereunto belonging, and of all expenses of management which
to that time shall have been incurred on account of the same, and in which account shall
be charged interest on such monies respectively, from the time of payment thereof to the
time of so making up the account, at the rate of six per centum, per annum ; which
accounts so made out shall be dated and there certified by at least three of the proprietors,
who shall have been appointed by the corporation to direct or superintend the making of
the road, and also by their clerk, who respectively shall make oath before one of his Ma-
jesty ^s justices of the peace for the district of Gore, that such an account is faithfully
extracted from the books of the corporation, and to the best of their belief is just and
true, which oath the said justice, as well as in the cases aftermentioned, is hereby aotho-
dzed and required to administer to each of them ; and such accounts when so made out,
certified, and sworn to, shall respectively be deposited and recorded amongst the records
of the quarter sessions for the district of Gore, and the amount thereof shall be considered
as the capital stock of the said corporation, and on which the profits allowed to the same
are to be estimated, as hereinbefore mentioned ; and there shall afterwards, at the end tvf
every year after the completion of the said road, be made out a true and exact account of
the monies expended in repairing the same, and the toll houses and gates, with the chai^gies
Digitized by VnUOy IC
PAatfAMKNT.]
C. 16, 17.— Tbiitb Yxab or Gfioaas IV.
of manageiaanl; and also a Inie umI exact ae4MMifttof aU tbe mcsiies eoUeeted or feaelrod
frcNOi the said tolls, by yirtiie of this act, which anntud aocoimt shall be dated, certified,
sworn to, and deposited as above ; and if such account shall not be made out, dat^, cer-
tifiedy sworn to, and deposited as above said, the said corporation shall forfeit and pay the
sum of one hunlred pounds, for every month the same shall be refused or neglected, after
being thereunto required by any of his Majesty's subjects, to be recovered by action of
debt in any court competent to decide thereon, and paid to the perscm who shdili sue for
the same ; and if any person, sworn as aforesaid, shall wilfully or corruptly swear fidsely,
every such person being thereof duly convicted, shall suffer tbe punishment inflicted by
law for perjury.
XXIII. And be it further enacted by the authority aforesaid, That no suit or action shall
be coDunenced or brought against any person offending against this act, unless the same
shall be commenced or brou^t within three calendar months next after the ofence com*
mitted, and not afterwards.
XXIV. And be it further enacted by the authority aforesaid, That this act shall be
deemed a public act, and shall be judicially taken notice of as such by all judges, jostiocB,
and other persons whomsoever, without being specially pleaded.
JrCotaty we Bcg^tectii^
to make such aceountf .
Svreariog falsely to ae-
coonts, perjury.
Actions
It
not to be
after three
for
against this act.
A public act.
(Sec8UiGeo.rV,cl2.)
Preamble.
Cbapter XVI.
Afh act to amend part of an act passed in the eighth year of the reign of his present Mar-
Jestjfj entitledj ^^ An act to incorporate certain persons therein mentioned^ under the
style and title of ^^ The Cataraqui Bridge Company. ^^
[Passed March 20, 1829.]
Whereas by the twenty-third section of an act passed in the eighth year of his present
Majesty's reign, entitled, ^^ An act to incorporate certain persons dierein mentioned,
under the style and title of ^ The Cataraqui Bridge Company ;' " the said company, to
entitle themselves to the benefit and advantages granted to them by the said recited act,
are required to erect and complete the said bridge within three years from the day of the
passing thereof; and whereas it is expedient to extend the time for the completion
thereof; be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative counc^ and assembly of the province of Upper Ca-
nada, constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make The period for compie^
further provision for the government of the said province,' " and by the authority of the briSgeStendeftolSS
same, That the period for the erecting and completing of the said Cataraqui bridge, be yean from the pcMisg
and is hereby extended to two years from the day of the passing of this act. of this act
II. And be it further enacted by the authority aforesaid, That this act shall be conai-
dered a public act, and as such shall be judicially noticed, without being specially pleaded.
A public act.
Preamble.
Chapter XVII.
An act to incorporate certain persons for the purpose of holding lands ^or a free church
in Dunda^, in the district of Gore.
(Passed March 20, 1629.]
Whereas David Oliphant, John Lesslie, John Ross, William Binkley, John Gamble,
and others, on behalf of themselves and others, inhabitants of the village of Dundas, have
by petition set forth that they, the subscribers to such petition, have erected a place of
public worship, free for all denominations of Christians, on part of lot number seventeen,
in the first concession of the township of Flamborough West, in the county of Halton, and
district of Gore ; and whereas the said petitioners are desirous of obtaining an act of in-
corporation, to the effect that the said piece or parcel of land on which the said free church ,
is erected, purchased by them from Edward Lesslie, one of the petitioners, and containing
one acre of land, or thereabouts, may be conveyed to Manuel Overfield, esquire, John
Paterson, David Oliphant, and Thomas Hilton, and their successors in office, in trust for
the purposes of the said free church, and a public burial ground ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, * An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make jfurther provision
for the government of the said province,' " and by the authority of the same, That \t
Digitized by
Google
[FlBW 8:
Mw«Ndfokokl Ind
{not exceeding llTe
Mraf) for the pnipotc*
ofa|ilaee of wonhip,
ewmnp to all denorni-
BStiom of Chriftiaiii.
for
•iMoftraiteet.
tSlMld.
C. 18.— TiWTH Yhah op Groaofi IV.— 1829.
riiall and may be lawful for the said Manuel Overfield, esquire, John Paterson, David
Oliphant, and Thomas Hilton, to have, hold, receive, and take a conveyance of the said
piece or parcel of ground, already purchased, or which may be hereafter contracted for,
not exceeding in the whole five acres, for the purposes aforesaid ; and that it shall and
may be lawful for the said trustees and their successors, to be appointed as hereinafter
mentioned, to have and to hold the same for the purposes aforesaid, in perpetuity forever.
II. And in order to prevent the failure of such estate in succession, be it therefore
further enacted by the authority aforesaid. That whenever it shall happen that more than
two of the trustees herein named shall die, or shall become resident abroad, or become
incapable of acting in the said trust, it shall be in the power of the inhabitant householders
of the said village of Dundas^ upon public notice being put up on- the door of the church
before mentioned, at least thirty days before such meeting, by the remaining trustee or
trustees, to elect, at a meeting to be held on the first Monday in the month of January, by
the vote of the majority of such householders, the requisite number of trustees, from
among the inhabitant householders of the village or town of Dundas, to complete the
number of five trustees ; and that immediately upon such election, the five acres of land
so purchased, or to be purchased as aforesaid, shidl become legally vested in such trustees.
III, And be it further enacted by the authority aforesaid, "Hiat the trustees for the time
being, for the purposes of this act, shall have power at all times hereafter to make such
rules and regulations, not repugnant to the laws of this province, as may be necessary for
the due management of the said land, for the purposes alforesaid.
CertuB tnuteet of Uie
methoditt epueopel
cihvreli in Toik em-
powend to eonrey
■wmj eertoin bad m
Toik;
•lid to ioTest the mo-
aiei aiielttg from tlie
Mde theveoi; in tlieimr-
Chapter XVIII.
An act to enable the trustees of the methodist episcopal church in Yorky to exchange
certain real estate now holden by them^ for other real estate in or near the said town
of York.
[pMsed Mattli 20, l^S.]
Whkrbab Thomas Stoyell, William Poyntz Patrick, John Doel, Matthew Walton^ and
James Rogers Armstrong, trustees to the methodist episcopal church in York, and others^
official members signing in behalf of said church, have by their petition set forth, that the
ground on which the chapel belonging to the methodist society in York aforesaid, stands^
is too small for the purposes and conveniences of the said church, and pray that the afore-
mentioned trustees may be allowed to dispose of the said chapel and ground, should ao
opportunity be afforded them, and apply the proceeds thereof towards the purchasing of
such other land and premises as may be suitable for the conveniences of the said church,
and for the purposes for which the present land and premises are now by them holden ;
and whereas it is desirable and proper that such relief by law should be granted, as to
enable the said trustees, or a majority of them, or their successors in office, nominated
and appointed according to the rules and regulations of the said church, to sell and dispose
of said land and premises, and purchase such other as may be suitable, not exceeding the
quantity limited by law for such purposes ; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An
act to repeal certain parts of an act passed'in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the. government of the provinc42
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That at any time after the passing of
this act, the said trustees, or their successors in office, or a majority of them, shall hare
full power and authority, and are hereby empowered and authorized by deed of convey-
ance, under their hands and seals, to grant, bargain, sell, and convey, in fee simple, the
ground on which the methodist chapel now stands, in York aforesaid, and the appurte-
nances appertaining thereto, which ground and premises is described in the deed of trusty
now held by the petitioning trustees, as follows, that is to say ; being about the one^si&th
of an acre, and composed of part of lot number three, on the south side of King's street,
in that part of the said town of York, called the " New Town," which is bounded, or may
be known as follows, that is to say ; commencing at a post four chains and seven links
from the northeast angle of lot number two, on the south side of King^s street, then south
sixteen degrees east, one hundred and thirty-two feet ; then south seventy-four degrees
west, fifty-two feet and a half; then north sixteen degrees west, one hundred and thirty-
two feet ; then north seventy-four degrees east, fifty-two feet and a half, to the place of
beginning, to such person or persons as may be disposed to purchase the same.
n. And be it further enacted by the authority aforesaid, That the trustees aforesaid, or
a majority of them, shall and ma^, and they are hereby empowered and required to vest
DigitizecTby VrjiJijy It:
Trntrm Parliamsitt.]
C. 19 — ^Tknth Year of Osorge IV.— 1829.
t\\e money accruing from the sale of the above mentioned land and premises, in the pur^
eViase of such other lot or tract of land, in or near the town of York aforesaid, and for the
erection of a chapel or meeting house thereon, as well as such other buildings as may be
required for the residence of a minister, and his necessary purposes in such capacity, and
for the necessary conveniences of the congregation which may attend such chapel or
meetiDg house, as they, the said trustees, shall in their discretion deem to be proper and
COD venient for the use and accommodation of the methodist congregation in York aforesaid,
and its vicinity ; and the said trustees, or their successors in office, or a majority of them,
are hereby empowered to receive and take a conveyance of the land so to be by them
purchased as siforesaid, with the money as aforesaid, and such further sum as may be
required for that purpose, in trust, for the use and purposes aforesaid, and with such suc-
cession and limitation of the said ^ust as may be deemed expedient to secure the same in
perpetuity, for the uses and purposes aforesaid : Provided always. That nothing in this
act contained shall extend, or be construed to extend, to allow the said trustees, or their
successors in office, or a majority of them, to hold for the use and accommodation of any
one congregation, a greater quantity of land than five acres.
167
Um ua ttf Um mid
clmrch.
•aeK
of
to bepu^
ehatad, upon the tratto
to be thcratn declared.
No on
to be allowed to
more than fire
mder tbis set*
hold
Chapter XIX.
An act to provide for a commission of lunacy and tdio^cy, in the case of Peter Vanalstine.
[PMsed March 20, 1829.]
Whsreas it hath been represented that Ursula M'Wharter, (formerly Ursula Vanal-
stine, and lately widow of the late Alexander Vanalstine, deceased,) Allan Vanabtine,
Maria Vanalstine, and Peter Vanalstine, the three children of the late Alexander Vanalstine,
mentioned in his last will and testament, are, by virtue of the said last will and testament
of the said Alexander Vanalstine, jointly seized of certain lands and tenements in this
province, particularly in the township of Marysburgh in the Midland district ; and that
for the benefit of the said parties, it is desirable and necessary to sell the same, and that a
fair and advantageous offer has been made fbr a certain parcel or tract thereof, containing
the mills commonly called the stone mills, in the township aforesaid ; also that the aforesaid
Peter Vanalstine has been, from his infancy, so deficient in understanding, as to be wholly
incapable of transacting business for himself, and cannot therefore execute a valid convey-
ance of his undivided share and interest in the premises aforesaid, although it would be
for his benefit and advantage that the same should be sold and alienated, and the monies
arising therefrom secured for his use ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, ^' An act to repeal certain parts
of an act passed inr the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North Ame-
rica, and to make further provision for the government of the said province,' " and by the
authority of the same. That from and after the passing of this act, it shall and may be
lawful for any judge or judges of the district court of the Midland district, or any district
court to be holden within the said district ; to impannel twelve jurors of the jury summoned
to attend such district court, to inquire whether the said Peter Vanalstine be idiot or lunatic,
and their verdict in the premises then and there to minute and record on the proceedings
of such court, and the same to certify to the governor, lieutenant governor, or person
administering the government of this province, for the time being, under the hand and
seal, or hands and seals, of such judge or judges, countersigned by the clerk of the said
court.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for such judge or judges as aforesaid, to swear each of the jurors aforesaid, to be impan-
nelled as aforesaid, well and truly to inquire whether the said -Peter Vanalstine be idiot
or lunatic, and if so, from what period of his life, and a true verdict to give according to
the evidence ; and also to swear and examine upon oath, before such jury, all witnesses
produced before the said court, which oaths the said court is hereby authorized to admi-
nister; and that it shall and may be lawful for the said court and jury to require the
presence and inspect the person of the said Peter Vanalstine, should they desire so to do.
III. And be it further enacted by the authority aforesaid. That if any person or persons
shall at any time forswear him, her, or themselves, before the said court, upon the prose-
cution of the inquiry by this act authorized to be made as aforesaid, he, she, or they shall
incur and be liable to the same penalties as would be incurred upon conviction for wilful
and corrupt perjury in any evidence given in his Majesty's court of king's bench in this
province, in any case therein depending.
jmanune.
Judge of the diitrici
court for tlie Btidlaiid
diitriet to inqiiire hf a
jary whetlier Peter
Yenelitine be an idiot
tobei
tiiicdto t
goreiBor.
JvTf and witneseei to
be sworn.
The attendanee of Pe-
ter Vanalatine may be
required.
Punithment for falae
Digitized by
Google
C. 90.— TlBMTH YkAB of GBOB6B IV.— 1829.
[Fistrr
Vftnmdto bean idiot
or hnatle, a eoomiittee
may be i^pointed.
Powen ind datiea of
liaj Mil or leBaekode.
Tranafer peraooal ea-
Tbeir reeeipta ahall
'■■"•" — 1 piirobaaen.
How the eoBaanittee
ahaU diapoae of aaj
fonda comioc into Uieur
BowAe iatovaatofaay
aoch fimda ahall be ap-
pUed.
Diapoaftioii of moqlea
VHBainiiiKatthe death
of Peter vaaalatme ia
thehanda of the oooa*
Conunittee may be
ohaBcedaiid Tacanciei
anppued.
Powera and responai-
biUt J of the committee.
Magp bocoetrolled by
tke BovlaMnt go venoiF
IB the ezerciao of the
royal prerogatiTe.
A pQblie act.
IV. And be it further enacted by the authority aforesaid, That if upon sneb inquiry so
to be made as aforesaid, the said Peter Vanalstine simU be found an idiot^or lunatie, it
shall and may be lawful for the governor, lieutenant governor, or person administering the
government of tliis province, for the time being, from time to time, by an instrument or
mstruments, under his hand or seal of office, to appoint a committee of two or more persons
to take charge of the person, lands, tenements, hereditaments, goods, chattels, and effects
whatsoever, of the said Peter Vanalstine, and for such committee to bargain for the leasing
or absolute sale of any of the lands, hereditaments, goods, or chatteb of the said Peter
Vanalstine, and to execute all and every leases, deeds, and conveyances necessary to
lease, or absolutely in fee simple, to convey all* or any of the lands, tenements, heredita-
ments, or estates of the said Peter Vanaktine, or to transfer any of his goods, chattels, or
personal effects, and that every such lease or leases, and deed or deeds, or eonveyanee in
fee simple, of the premises aforesaid, or any part thereof, shall be good and vaU in law
to all intents and purposes, as if actually executed by the said Peter Vanalstine in aound
ndnd, memory, and understanding.
V. And be it further enacted by the authority aforesaid, That the said eommittee Jiar
the time being, shall and may sell all and every the lands and estates of the said Peter
Vanaktine, at such price or prices as they shall deem just ; and that upon pajrment thereof
to the said committee for the time being, the purchaser or purchasers thereof shall be
exonerated and forever discharged therefrom, and not be held or bound to answer for the
application thereof.
VI. And be it further enacted by the authority aforesaid. That the said committee
shall forthwith, upon receipt of any monies arising from the sale of any of the lands,
tenements, goods, or effects of the said Peter Vanalstine, after deducting and retaining
thereout all costs and charges necessarily and bona fide incurred in the selling, leasing, or
otherwise disposing thereof, or any part thereof, invest the same in stock in the. bank of
Upper Canada, or other approved institution of a like kind, or loan the same upon
approved real securities in this province, or otherwise dispose of the same as shall be
directed or reqnirod by the gbvernor, lieutenant governor, or person administering the
government of the province, by any instrument or instruments under his hand, addressed
to the said committee for the time being.
VII. And be it further enacted by the authority aforesaid, TTiat the interest on, or the
profits accruing from, any monies to be vested or lent, as aforesaid, shall by the said com-
mittee be received, and who, after deducting and retaining thereout all such charges and
expenses, as shall be necessarily and bona fide incurred in the collection and receipt
thereof, shall apply the residue to the maintenance, comfort, support, and use of the said
Peter Vanalstine, so long as he shall live ; and that all and every of the said monies
undisposed of at the death of the said Peter Vanalstine, shall be distributed according to
law amongst the legal representatives of the said Peter Vanaktine.
VIII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the governor, lieutenant goveiiior, or person administering the government of
this province, to superintend, and from time to time change any such committee, or to
remove any member or members thereof, and appoint others in their place and stead.
IX. And be it further enacted by the authority aforesaid, That any such committee shall
enjoy all the powers and authorities, and be liable to the same responsibilities, under this
act, that committees of idiots or lunatics in England enjoy, or^are liable to, and that it
shall and may be lawful for the governor, lieutenant governor, or person administering
the government of this province, to exercke in regard to the said Peter Vanaktiiie, if
found an idiot or lunatic, and as respects the said committee or committees, or as respects
the estate real or personal of the said Peter Vanalstine, the royal prerogative, in the and
on the behalf of his Majesty, his heirs and successors, according to the laws of England,
as amply and as fully as sbdl be practicable by this act, the laws of the province, and the
nature of the case.
X. And be it further enacted by the authority aforesaid, That this act shall be deemed
and taken to be a public act, and as such, shall be judicially noticed by all courts, justices
of the peace, and other persons, without being specially pleaded or shewn.
Chapter XX.
IV, o ^« ^t to promdtfor the erection of a Kght house on Lang painty in lake Erie.
[Passed Mareh », 182S.]
WifKREAS it would tend greatly to the safety and convenience of navigation upon lake
jL»gpafalJS%i ^^®' ^^ * ''^M house were constructed upon Long point, in the county of Norfolk, in the
lakaSiia. Said lake; be it therefore enacted by the King's most excellent Majesty, by and with the
Digitized by VnOOVJ LC
(Sea lltk Gko.
Preamblfl
NcCMsit:
Tnnrtt Paaliamknt.]
C. 21.— TiaiTH YuAfc or Gkoroe IV.— 1829.
9M
adviM and oomeftt of th^ legislative cotintil and as^mblj of the province of U|^per
Canada, constituted and assembled by virtue of and under the authority of an act glassed
in the parliament of Great Britain, entitled, " An act to repeal ceKain parts of an act
pasded in the fourteenth year of his Majesty's reign, entitled, 'An act for making more
effectual provision (or the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,'" and by the authority
of the same, That it shall and may be lawful, immediately after the passing of this act,
for the commissioners hereinafter named, to erect a good and sufficient light house upon
such' part of Long point, in lake Erie, as they shall judge the most proper, and for procu*
ring the necessary apparatus for lighting the same.
II. And be it further enacted by the authority aforesaid. That Francis L. Walsh, Duncan
McCall, and Thomas Cross, of Charlotteville, in the district of London, esquires, be
commissioners for the purposes of this act.
III. And be it further enacted by the authority aforesaid, That from and out of the
rates and duties now raised, levied, and collected, or which may hereafter be raised,
levied, and collected, and remaining in the hands of the receiver general unappro{)Hj^ed^
there be granted to his Majesty the sum of one thousand pounds, to enable hf S Majesty
to defray the expense of erecting the said light house and furnishing the same ; and that
such sum shall be paid by warrant of the governor, lieutenant governor, or person adminis-
tering the government of this province, for the time beings to be issued in favor of the
aforesaid commissioners, or any of them, and shall be accounted for to his Majesty through
the lords commissioners of his treasury, in such manner and form as his Majesty shall be
graciously pleased to direct.
IV. And be it further enacted by the authority aforesaid. That the commissioners
hereinbefore appointed for the purposes of this act, shall, on or before the first day of
January next, render an account to the governor, lieutenant governor, or person adminis-
tering the government of this province, of the monies expended by them under this act.
and shall at the same time report what tonnage, or other duties upon vessels of all
descriptions navigating lake Erie, will in their o|Hnion be sufficient to defray the charge
of maintaining the said light house, and to repay the said sum of one thousand poun£,
with the interest accruing thereon, and in what manner and at what place the said duties
can be most conveniently collected, which account and report shall be laid before the
legislature at their next session.
V. And be it further enacted by the authority aforesaid. That the said commissioners
shall not in any contract or contracts exceed the sum hereby granted for the erection and
completion of the said light house ; and that public notice, by advertisement, shall be
given for the tender of contracts, accompanied with two good and sufficient sureties for
the due performance of the same ; and further, that the said commissioners shall contract
with the person or persons who shall submit the lowest tender or tenders, with such two
good and sufficient sureties ; and also, that no further sum shall be allowed any superin-
tendent than three per cent, upon the amount expended, over and above his absolute and
reasonable expenses.
ConDtUHioafg to ereeC
aIjg1ltIl08M OB LOB|^
CommiMionen ■amed.
jS],00OmBtodfordft-
the ezpeMeof
llOUM.
CommiitkMMn to «e-
And to report for the
informatHNi of the le-
gislature.
No eontnct shell be
made for e simd exceed*
ing £1,000.
Tenders to be celled
for.
Sureties reqaired.
Chei]|eof snperintead-
ent limited to three per
Chapter XXI.
An aet to provide for the completing the light howie on the False-Ducks island, and for <8ee sui Geo.iv,c7.)
the keeping and maintaining Vie same during the present year.
[Passed March 2D, 1839.]
Whereas a further sum of money is found to be necessary for completing and furnish- Pnanblc.
ing the light house upon the False-Ducks island, in lake Ontario ; may it therefore
please your «M ajesty that it may be enacted, and be it enacted by the King^s most
excellent Majesty, by and with the advice and copsent of the legislative council and
assembly of the province of Upper Canada, consti^ted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ' An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same. That from and out of the rates and duties now
raised, levied, and collected, or hereafter to be raised, levied, and collected, and remaining ^™ ST^SSmfeSng
in the hands of the receiver general of this province unappropriated, there be granted to your and eqaippi^jK licht
Majesty the sum of seven hundred and fifty pounds ; which sum of seven hundred and S^SJ^ isSani^ ''*^
fifty pounds shall be applied in aid of the monies heretofore granted for erecting and fur-
nishing the said light house, and providing all necessary equipments and appendages to
the same ; and shall be paid by the receiver general of this province, to the commissioners Utm ^iN^*Mr^/^rTT/>
appointed for superintending the erection of the said light house, or to any of them, fliQ'^'zed by vjivJlJ^lv^
64
610
aadaeeoimted (of.
Prorision for support
of the light home du-
ring Uio preteat jear.
Commitsionen to make
the neceesary amiiflie-
meiitt, and to renaer
detailed aceounts, for
the information of the
legislature.
C. 23.— TsiTTH Year or Gkoroe IV.— 18S9. [Fumt Snsiox,
discbarge of such warrant or warrants as may be issued for that purpose by the govetnory
lieutenant governor, or person administering the government of this province.
II. And be it further enacted by the authority aforesaid, That the monies granted bj
this act shaU be accounted for to the lords commissioners of his Majesty's treasury, in
such manner and form as his Majesty, his heirs and successors, shall be graciously pleased
to direct.
III. And whereas it.is necessary to make provision for the su{^rt of die said light house
during the present year, be it therefore enacted by the authority aforesaid, That it shall
and may be lawful for the collector of the port of Kingston to advance from and out of
the monies now remaining in his hands,' or which may come into his hands, for dudes
during the present year, such sum and sums of money as may be necessary for maintaining
the light in the said light house during the present year, and for bearing the charge of a
keeper of the said light house, and all expenses necessarily attending the same, which
monies so advanced shall be allowed him in his account with the government.
IV. And be it further enacted by the authority aforesaid, That the conunissioners
appointed for superintending the erection of the said light house are hereby empowered
and authorized to make all proper arrangements for maintaining and keeping the said light
during the present year, and to receive from the said collector, and expend, such monies
as may be required for that purpose ; and that a detailed account of all monies expended
by them under this act shall be by them transmitted, on or before the first day of January
next, to the governor, lieutenant governor, or person administering the govenunent of
this province, to be laid before the legislature at their next session*
Chapter XXII.
An act to make good certain monies issued and advanced in pursuance of the addresses
of the comnnons house of assembly^ at the last and present sessions of parKammU.
[GrantiogjCSySTS 18§. 9|d. to meet the like snm adranced for the contingent expeaaei of the logisktare of the hut
•eiiion, IflSS, and jCSOO towardf the expense* of the present session, 1829.]
Digiti
zed by Google
Second Session of the tenth Provincial Parliament.
MET AT YOBK, ON THE EIGHTH DAY OF JANUARY, 1880, AND PROROGUED ON THE SIXTH DAY
OF MARCH, IN THE ELEVENTH YEAR OF THE REIGN OF GEORGE IV.
SIR JOHN COI4BORNE, K. C. B., LIEUTENANT GOVERNOR.
Anno SomlxU S.830*
Cliaptev I.
An act to direct the appropriation of fines in certain cases.
[Passed January SO, 1890.]
Whsrsas by the criminal law of England, as adopted in this province, various offences
are made punishable by fines or jjenalties, which it is provided shall be either wholly or
in part paid to the church wardens or overseers of the poor, or otherwise appropriated to
the support of the poor ; and whereas there being no public provision made for the sup-
port of the poor in this provinc;^, such a distribution of the penalties is inapplicable, and it
is expedient to remove the obstacle which prevents the execution of the criminal law in
the before recited cases, and in all other cases, where, by reason of the mode in which
any fine or penalty is directed to be appropriated, the criminal law of England cannot be
fully carried into effect ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed in the
parliament of Great Britain, entitled, '' An act to repeal certain parts of an act passed in
the fourteenth year of his Majesty's rei^, entitled, ^ An act for making more effectual
provision for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province,' " and by the authority of the
same, That in all cases in which, by the criminal law of England in force in this province,
the whole or any part of any fine or penalty imposed for the punishment of any offence,
is in any manner appropriated for the support of the poor, or to any parochial or other
purpose, inapplicable to the existing state of this province, such fine or penalty, or such
part thereof as shall be so appropriated, shall be paid, when received, to the treasurer of
the district in which the conviction shall have taken place, to be appropriated to the pur*
poses of the district, and accounted for in the same manner as the assessments levied in
the several districts are generally applicable by law.
Preamble.
Sach portion of all
fines distributed by the
law of England to the
poor, shall be paid to
the treasorers of the
seTeral districts, for
the pnipoies of the re-
spective districts.
Chapter II«
An act to continue the laws now in force for establishing the limits to the respective
gaols in this province.
[Passed January 80, 1890.]
[Repkaled. — Sbs Chaptsr 3.]
Chai>ter III.
An act to repeal and amend the laws now in force respecting the limits of the respective
gaols in this province,
[Passed March 6, 1830.]
Whereas it is expedient to assign^ certain enlarged limits to the several gaols within pKambie.
this province, in which debtors may have the greater benefit of exercise and air, without
subjecting the sheriff, or other ofiicer in whose custody the debtor may be, to any action
at law for an escape ; and also, to render more efficient and summary the remedies to be
Ciontinued on behalf of creditors against a'iiy debtor or debtors availing themselves of the
fi^rovisions of this act ; be it therefore enacted by the King's most excellent Majesty, by and
v^tth the advice and consent of the legislative council and assembly of the province of Upper C^ r\n\cs\(>
Oanada, constituted and assembled by virtue of and under the authority of an act passed i^Q'^'zed by VrriJ vJV IV^
ftlS
C. 3.— Elcybnth Ybae of Obobok IV.— 1830.
[S
BMXtf,
2d Geo. IV, 9 6; Tth
G«o. lY, e 7; 8th Geo.
lY, e 9; 11th Geo. lY,
« 2, repealed.
Sixteen acres ofgronad
contignoua to the eeve-
ral gaols in the pro-
Tince, to be assigned aa
ii_!*_ ^itjiiu ^hjch
debtora eonliaed in nol
maj be partoitted to
reiide, npon giriDsr se-
cnrit J to the sheriff.
Debtors having; the
liberty of gaol Jimita
not to be entitled to
weekl J aOowanee.
The limits of the gaol
in Niagara maj be ex-
to twenty-six
may recover
Sherfils
debt,
eotts, against debtors
withdrawing from the
limits, or their bail
Bond for the limits may
be assigned.
This act not to extend
to persons in custody
for any criminal charge.
Assignee of bond for
the limits may main-
tain an action thereon
which shall not be re-
leased by tiie ahertff.
Bafl for the limits may
svrreader their princi-
the parliament of Great Britain, entitled, <* An act to repeal certain parts of an act paaaedin
the fourteenth year of his Majesty's reign, entitled, ^ An act for makii^ more efiectnal
proYision for the goYemment of the ja-OYince of Quebec, in North America, and to make
iurther proYision for the goYemment of the said proYince,' " and by the authority of the
same. That the whole of a certain act passed in the second year of the reign of King
Geoi^ the Fourth, entitled, "An act for assigning limits to the respectiY^ g^aols in this
proYince,'' and also a certain other act passed iq the scYcnth year of the reign of King
George the Fourth, entitled, " An act to continue and amend an act passed in the aecond
year of the reign of King George the Fourth, entitled, * An act for assigning limits to the
respectiYe gaols in this proYince ;' '^ and also a certain other act passed in tl^ ei^tb year
of the reign of King George the Fourth, entitled, "-An act to repeal part of and aoiesd the
law now in force assigning limits to gaols in this proYinee ;'' and also a certain other act
passed in the elcYcnth year of his Majesty's reign, and during the present session of par-
liament, entitled, " An act to continue the laws now in force for establishing the limits to
the respectiYC gaols in this proYince," be, and the same are, hereby wholly repealed.
II. And be it further enacted by the authority aforesaid. That it shi^ amd may be
lawful for the justices in general quarter sessions of the peace assembled, in each and
eYery district of this proYince, other than the district of Niagara, and they are hereby
authorized and required, at the first session of the general quarter sessions of the peace
held after the passing of this act, to assign and mark as limits to the respective gaob in
each district of the ja-oYince, other than the district of Niagara, not more than siKteen
acres of ground, contiguous to the said gaols ; and thul ^^^ ^^^ estabUsliBient of such
limits, it shall and may be lawful for any debtor or debtors, confined, or to be eBofioed in
such gaols, to be and remain at any part or place within such limits, without ftdjeisting
the sheriff, or other officer in whose custody such debtor or debtors may be, to aay action
or suit for any escape from sueh gaol litnits : Provided, however. That it shall bo( be
. incumbent upon such sheriff, or other officer, to allow any debtor or debtors the tise and
benefit?of such limits unless such debtor or debtors shall furnish good and satisCsetory
security that he, she, or they, shall not at any time, during his, her, or theircoBfinemeat,
go or remoYO beyond such established limits : Provided, nevertheless. That during such
time as any debtor in execution shall have the liberty of such limits as aforesaid, such
debtor shall not be entitled to receive from the plaintiff in the action, any we^y maiift*
tenance, by reason of any statute for the benefit of insolvent debtors.
III. And whereas from the peculiar local situation of the gaol of the district of Niagara,
owing to the greater distance thereof from the town, it is expedient that the area assigned
as limits thereto should be more extensive than to others; be it further enacted by the
authority aforesaid. That the justices of the said district of Niagara shall and may, in
manner and form aforesaid, assign as limits to the said gaol, any extent of ground not
exceeding twenty-six acres.
IV. And be it further enacted by the authority aforesaid, That if any debtor or debtors,
who may be confined in any gaol within this province, and who may have aren security
to entitle himself, herself, or themselves, to the benefit of such limits, shall iriUidraw or
tiepart from or out of the said limits, it shall and may be lawful for the sheriff, or other
officer, from whose custody such debtor or debtors may so withdraw, to sue for and recover
from the prisoner, or person or persons giving such security, or either of them, such sum
or sums of money as such debtor or debtors may have been confined for in such gaol or
limits, together with all such costs and damages as he may have sustained by reason of
such debtor or debtors withdrawing from and out of the said limits.
V. And be it further enacted by the authority aforesaid. That the sheriff, or other
officer, on such debtor or debtors sp withdrawing or departing, shall be bound to ass^
over the security to the plaintiff, if required by him, and that the sheriff, upon so doing,
shall be discharged from any claim the plaintiff may have on him, the said sheriff, for c»-
on account of such debtor or debtors.
Yl. And be it further enacted by the authority aforesaid. That this act shall not extend,
or be construed to extend, to any person or persons confined for debt, who may at the
same time be in custody for any criminal charge «
YIl. And be it further enacted by the authority aforesaid, That upon such assignment
of the security to the plaintiff, or his legal representatives, he, she, or they may, as as-
signee or assignees, sue therefor, in his, her, or their own name ; and that it shall not be
in the power of the sheriff, in whose name such security was taken, to release such action.
YIII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for any person or persons, having given security to the sheqiff for any prisoner to
enjoy the limits of the gaol, to surrender such prisoner into the hands of the sheriff^ or his
deputy, or gaoler, and upon such surrender, the sheriff shall, and he is hereby required
to, deliver up the bond or security given to him by such person or persons, and that he,
she, or they shail be wholly discharged therefrom : Provided always, That notfaii^ in this
TuMTu Pabuambnt.]
C; 4, 6.— EUBTKNTH YbAR OF GflOaOJB lY.— 1830.
ilause oonl«ined shall extend, or be construed to extend, to prevent Uie Aeriff of anj
iistrict from renewing such securitj in the same manner as if such prisoner bad not en-
loyed the limits of such gaoL
IX. And be it further enacted by the authority aforesaid, That whenever any person
or persons shall be in execution upon a capias ad satisfaciendum, at the suit of any creditor
or creditors, and shall have obtained leave, under the provisions of this act, to reside
upon the limits of the gaol where he shall have been confined, it shall and may be lawful
for such creditor or creditors to sue out any other species of execution, notwithstanding
such person or persons may have been charged in execution as aforesaid: Provided
always. That his, her, or their household furniture, not exceeding twelve pounds ten
shillings in value, together with the tools and implements of trade used by such person or
persons in any trade or handicraft, shall not be liable to any such subsequent execution
so to be sued out as aforesaid.
X. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for any 6«ch creditor or creditors as last aforesaid, to tender such and the like interro*
gatories to any such debtor or debtors, so residing on the limits of any gaol as aforesaid,
in like manner as may now be tendered to any insolvent debtor chareed in execution;
and in case such debtor or debtors shall refuse or neglect to answer such interrogatories^
for the space of twenty days next after a copy thereof shall have been delivered to such-
debtor or debtors, he, she, or they shall no longer be entitled to the benefit of such limits^
but shall be re-commiited to the gaol of the district, where he, she, 5r they shall be eon-
fined, p
XI. And be it further enacted by the authority aforesaid. That if any person or persona
shall, upon any answer or answers to such interrogatories, swear falsely, he, she^ or they
shall be liable to all the pains and penalties of wilful and corrupt peijury,
XII. And be it further enacted by the authority aforesaid. That notwithstanding any
thing contained in this act, every person now in execution for debt, enjoying the privileges
of the present gaol limits in any district of this province, shall continue to enjoy such
limits, between the time which shall elapse after the passing of this act, and the establish-
ment of enlarged limits, under the provisions herein contained, and shall further, in like
manner, continue to enjoy such limits as heretofore established, subject to the several
provisions in this act contained, until such new security shall be given by such person
respectively, as will be sufficient, under this act, to afford the party the benefit of the
limits hereby authorized.
#19
Sormder mK to pn-
beiaggiTan.
Crediton nuijineoiit
any other ipeeiM of
aeevtioD acBiBil deU-
on charged upon ca.
Hcnuehold ftmitan
and toob of nieli deM^
on not to be seized
OB •abieqaest exeea-
tion.
Crediton may tender
InteiTOgatoriee todebi>
on emiiined on the
limiti^ in like manner
as to insolTent deMon.
If debton negleet to
aniwer intem^oriee
tendered. Sot twe^r
days, therahall stad
committeatocloee c«e-
tody.
FUse swearinc snl^ti
olfenden to ttie penal-
ties of peijuy.
■Joying the
old limit*. to eomrae
tkereoBvntilBeirlianto
aMigned.
Preamble.
Chapter IV.
An act for the relief of indigent debtors.
[Paated March 6, 1880.]
Whereas it is expedient that not only the bed and bedding of debtors should be exempt
from beine seized and sold in execution of judgment, but also, that their necessary wear-
ing apparel, and the bed and bedding of their family, should in like manner be exempt
from such seizure and sale; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts
of an act passed in the fourteenth year of his Majesty's reign ^ entitled, ^ An act for msJdng
jnore effectual provision for the government of the province of Quebec, in North Ame-
rica, and to make further provision for the government of the said province,' " and by the I
authority of the same, That in all cases wherein a writ of execution shall be issued uponrWttni« appml and
any judgment ebtained in any court in this province, it shall not be lawful for the sheriff,
or other officer executing such writ, to seize the necessary wearing apparel of the debtor
or debtors against whom such judgment shall have been obtained, or of his, her, or their
family, nor the bed or bedding in actual use by the members of his, her, or their family,
in satisfaction of such judgment, any law, usage, or custom, to the contrary notwith-'
standing.
not to
ezeevtion.
Chapter V.
An ad to extend the provisions of the law of set-off j and to prevent unnecessary and
vexatious law suits,
[Passed March S» 1830.]
Whereas the provision for setting mutual debts, one against the other, is highly Preamhie. ^^
just and reasonable at all times, and ought to be extended, so as to allow a ^^^^'^^^'^ijQJtized bvCrjOOQlC
514
C. 6.— Elxtxitth Year of Gbobge IV.— 1830.
[SxcoiTD Sxsfliov,
Defesdantf
Ten notice of, or
ed a set-off, m^ i
Ter judgment lor the
amomit prored br them
beyond pbdntiif's de-
muuL end bsre execu-
tion thenfore.
Couts of request mey
in certain cases, give
judgment for a balance
due, from plaintHbto
defendants.
to recover tbe balance due to him ; be it therefore enacted bj the King's most
excellent Majestj, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entided, ^^ An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the govetnment of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That if in any action to be hereafter
commenced in his Majesty's court of king's bench, or in any of his Majesty's district
courts in this province, the defendant having given notice of set-off, or pleaded the same
according to law, shall, on trial of said action, prove a sum due to him, or if he be sued
as executor or administrator to the testator, or intestate, from the plaintiff, or if the plain-
tiff sue as executor or administrator from the testator or intestate, greater than such
plaintiff has proved due to him, or his testator, or intestate, from such defendant, or his
testator or his intestate, it shall and may be lawful for the jury to render a verdict f<Nr the
defendant, to the amount of the difference of their respective claims, proved as aforesaid,
and for every such defendant to enter up judgment for such sum, besides his costs and
charges, and to have execution therefore.
* II. And be it further enacted by the authority aforesaid. That in any action within its
jurisdiction, which shall hereafter be commenced in any court of requests in this pro-
vince, the commissioners thereof shall give judgment against the plaintiff, for such sum,
not exceeding the limit of their jurisdiction, as they may judge from the evidence to be t
balance due from him to the defendant, and such defendant shall thereupon be entitled to
an execution therefore, in tbe same manner as if he had been the plaintiff in the case^
and the other party defendant : Provided always, nevertheless. That such court shall
not have power to take cognizance of any demand advanced on the part of the defendant,
which, from its nature or amount, would not come within the jurisdiction of such court,
if brought forward on the part of the plaintiff.
SilTer coins of the Uni-
ted Kingdom deprecia-
ted one twenty-fifth,
shall not be current.
Bo much of 96th Geo.
Ill, c 1, 8 1, aa renders
the Spanish pistoreen,
French crown, and oth-
smaller French
p a ley^ tender.
So much of the said
act as renders it penal
to countcrieit the said
coins, repealed.
(See SSUi Geo. Ill, c
1; 49th Geo III, c 8;
7thG«o.IV,c4)
Cbapter VI,
An act for the better regulation of the currency.
[Passed March 6, 18».]
Whersas from the great quantities of depreciated silver coins at present in circulation
in this province, it is necessary to repeal part of an act passed in the thirty-sixth year of his
late Majesty's reign, entitled, " An act for the better regulation of certain coins current in
this province ;" be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^' An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making more
e£fectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the stutbontjr
of the same. That such of the silver coins of the United Kingdom, as are depreciated in
weight more than one twenty-fifth part of their full weight, shall not be legal money in
this province.
II. And be it further enacted by the authority aforesaid, That so much of the first clause
of the said hereinbefore recited act, as establishes the value of the Spanish pistareen at
one shilling ; the French crown, coined before the year one thousand seven hundred and
ninety-three, at five shillings and six pence ; the French piece of four livres, ten sols
Toumois, at four shillings and two pence ; the French piece of thirty-six sols Toumois,
at one shilling and one penny ; and all the higher and lower denominations of the said
silver coins ; and renders them a legal tender in payment of all debts and demands what-
soever, in this province, in the same proportions respectively, shall be, and the same is,
hereby repealed.
III. And whereas it is expedient that the remaining clauses of the said act, making it
penal to counterfeit such coin, should remain in force, be it therefore further enacted by
the authority aforesaid, That so much of the remainder of the said recited act as regards,
in any respect whatsoever, the several coins hereby declared to be no longer a legal ten-
der in this province, shall be, and the same, so far as regards such coins only, is hereby
repealed.
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Google
TjBKTH PABIilAMXNT.]
a 7, 8.— Elbventh Yxar of Gjcobok IV — 1830.
MS.
Chapter VII.
Am act to provide for an increase of the number qf overseers of highways^ pounds^ and
^oundrkeepers^ in the respective townships throughout this province.
[PWMd March 6, 1880.]
Whbrkas it hath been found from experience, that in many townships of this province, a
greater number of overseers of highways, pounds, and pound-keepers, is necessary, than is
provided for by law, and it is expedient therefore to allow the same to be increased ; be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act jmssed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,* " and by the authority of the same, That from
and after the passing of this act, it shall and maybe lawftil for the inhabitant householders
in each and every township, reputed township, or place, in this province, at their annual
town meetings, to choose and nominate any number of overseers, not exceeding thirty,
for such township, reputed township, or place ; and also one pound-keeper to each and
every public pound, not exceeding six in number, that shall have been, or may be, ap-
pointed as and for a public pound for such township, reputed township, or place, the
situation whereof shall have been designated at some annual town meeting, by causing
the lot or parcel of hind on which the same is situate, to be recorded in the minutes of
such meeting.
II. Provided always, nevertheless, and be it further enacted by the authority aforesaid,
That no distress shaU be driven or taken to any other pound authorized by this act, than
to one of the pounds within the same township, reputed township, or place, nearest to the
place where such distress shall be taken.
HI. And be it further enacted by the authority aforesaid, That such overseers of high-
ways and pound-keepers shall be chosen in the manner now by law provided for the choice
of overseers of highways and pound-keepers, respectively, and shall have the same rights
and authority, and be subject to the same duties and obligations, as now by law belong to
overseers of highways and pound-keepers, respectively.
Preamble.
6, and fiOth Oeo. HI, e
B.)
Thirtj orerMsn of
hj^wm may be ap-
poiatedfbr each town-
•hip, and not exceed-
ing tiz poiibd-keepen.
Nodistrefsto be im-
ponnded ont of the
township.
Additional
and pound-keeper* to
be choaen, as orerteen
hare heiwtofore been
ehoeen, and ha;re the
■ame power.
Chapter VIII.
An act to alter the times of sitting of the general quarter sessions in the Niagara
district.
[Passed March 6, 1890.]
Whersas great inconvenience is found to arise from the sitting of the court of quarter
sessions in the Niagara district, on the days now established by law ; be it enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue' of and under the authority of ai^ act passed in the parliament of Great Britain,
entitled, ^' An act to repeal certain-parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' ^' and by the authority of the same, That sb much of
the second clause of an act passed in the forty-first year of the reign of his late Majesty,
entitled, ^^ An act to remove doubts with respect to the authority under which the courts
of general quarter sessions of the peace, and other courts, have been erected and holden,
and other matters relating to the administration of justice done in the several districts of
this province, and also to fix the times of holding the quarter sessions of the peace in and
for the same," as relates to the holding the quarter sessions in and for the district of
Niagara, be, and the same is, hereby repealed ; and that from and after the passing of
this act, the court of general quarter sessions of the peace in and for the Niagara district,
shall assemble and sit at the town of Niagara, in the Niagara district, as the place now
fixed by law for holding the same, on the fourth Tuesdays in January and March ; the
second Tuesday in July ; and the third Tuesday in October, in each and every yean
preamble.
So mvch of the U sec-
tion of 41 st Geo. III,c
6, as relates to the dis-
trict of Niacara, re-
pealed.
Qnaiier fessiens for
Niagara to be held on
fourth Tnesdars in
Janoarj and March,
second Tuesday in Jn-
It, third Tneadaj in
October.
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•M
C* 9, 10.— EiATSimi YxAR or OaoBaB lY.— 1630.
[SbOOHB SaBBKMf,
certain elauMS, reri-
red and coatiniMd for
Shop and tareni keep-
en to take oat a liceue
to the fitk
Not more than £10,
ftorlets thaB<£t^tohe
reqaiied foralieenae.
Dtttiea appUeable to
the iMWOTement of
thehighwmyi.
Chapter IX.
An act to rwive and conftnua, urith certain modificatuma^ an act poaMd in tkm J^y^nA
year of his late Mc^esty^s reign^ entitled^ " An act to alter the laws now in farce for
granting licenses to innkeeperSy and to give to the justices of the peacCy in general
quarter sessions assembledyfor their respective districts^ authority to regukdethe iuHes
hereafter to be paid on such licenses.^^
[Paned Mai^ 6, IflNi]
Whxbsas an act passed in the fifty*ninth year of bis late Majesty'^ reign, entitled,
^* An aet to alter the laws now in force for granting licenses to innkeepers, and to gi>e to
the justices of the peace in general quarter sessions assembled, for their re^ctire
districts, authority to regulafe the duties hereafter to be paid on such licenses," halh
expired, and it is expedient, for the purpose of raising a revenue for the improvement of
the roads and bridges within this province, to revive and amend the same ; be it tiierefore
enacted by the King's most exeellent Majesty, by and with the advice and consent of the
legislative council suod assembly of the province of Upper Canada, constituted and assera*
bled by virtue of and under the authority of an act passed in the parliament of Grreat
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, 'An act for making more efiectoal provision for the
government of the province of Quebec, in North America, and to make further |irovision
for the government of the said province,' " and by the authority of the same. That the
said act, with the exception of that part of the second clause which relates to Ae adjoun-
ment of the court of general quarter sessions to the last Monday of Deeeonber, and aba
the third clause of the said act, and so much of the fourth clause as relates to tke amount
to be paid for a license, shall be and e<mtinue in force for two years from the passing of
this act, and from thence to the end of the next ensuing session of parUameali and no
longer.
II. And be it further enacted by the authority aforesaid, That every person, who, at
any time during the continuance of this act, shall keep a shop and tavern, and who shsll
tid^e out a license for that purpose, shall pay to the inspector, for such lieense, tiie same
sum as by the laws of this province shall be required to be paid by 8h<^ilteepeiB who take
out lieense for the purpose of enabling them to sell spirituous liquors by retail any tUng
in any former act of the parliament of this province to the contrary notwititotimdiag.
III. And be it further enacted by the authority aforesaid, That the magistrates in
general quarter sessions assembled, in each and every district qf this province, at their
meeting next preceding the fifth day of January, shall have power and authority to adjoarn
the general quarter session to the fifth day of January in each and every year ; or if the
same shall be on a Sunday, then to the Monday following, for the purpose of receiving
applications and granting approvals to innkeepers, and for other purposes specified in the
said act.
IV. And be it further enacted by the authority aforesaid, That it shall not be lawful
for the said justices, or a majority of them, as aforesaid, to order or direct the said inspec-
tors to receive, or any innkeeper, to pay, ibr any such license as aforesaid, a greater sum
than ten pounds, or a smaller sum than one pound sixteen shillings, sterling, and the
additional sum of twenty shillings, currency, now imposed by law.
V. And be it further enacted by the authority aforesaid. That the revenue arising, or
which may be received under this act, shall be subject to the disposition of parHament,
for the purpose of improving the public highways and bridges, and shall not be appKcable
to any other purpose whatever.
Chapter X.
An act to encourage the establishment of agricultural societies in the several districts of
this province.
[Passed Mareh6,lS90.]
Whereas it would greatly tend to the general improvement and prosperity of this
province, if agricultural societies were established in every district, with a suitable endow-
ment ffom the public funds ; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
Aa cnitund socle- ^^^ ^^ make further provision for the government of the said province,'" and by the
^ ^sSCcribiiv *j&5^ authority of the same. That when any agricultural society for the purpose of importing
TSHTH PAJ^UAMONT.]
C, 11 ExaSYfiMTH YfiAR OF Geohgk IV.— 1830.
617
valualile Uve stoeki grain, grass seeds, useful implements, or whatever else might conduce
to the improvement of agriculture in this province, shall be established in any district of
the said province, and shall make it appear, to the satisfaction of the governor, lieutenant
S»vemor, or person administering the government of the province, for the time being,
at a sum, not leas than fifty pounds, has been actually subscribed by the said society, and
paid into the hands of a regularly appointed treasurer, and the president and directors of
the said agricultural society shall petition the governor, lieutenant governor, or person
administering the government of the province, for the time being, for aid in support of
the said society, it shall and may be lawful for the governor, lieutenant governor, or person
administering ihe government of this province, for the timeJbeing, to issue his warrant to
the receiver general, in favor of such petitioners, for the sum of one hundred pounds
annually, during the continuance of such society, and so long as the said society shall
themselves continue to raise a sum by subscription of not less than fifty pounds ; and the
said annual bounty of one hundred pounds shall be paid and accounted for out of the
rates and duties now raised, levied, and collected, or hereafter to be raised, levied, and
coUeoted, aiid that are in the hands of the receiver general, unappropriated.
II. And be it further enacted by the authority aforesaid. That in the event of 4here
being an agricultural society established in each county of any particular district within
this province, the said sum or bounty of one hundred pounds shall be equally divided
between the said societies having claim upon it by the provision of this act.
III. And be it fiirther enacted by the authority aforesaid. That this act shall be and
continue in force for and during the term of four years, and from thence to the end of the
then next ensuing session of parliament, and no longer.
•h»n be entitled to
JSIOO annaaUr, so lo0f(
M such auDseription
shall eontinue.
County foeieties sball
be entiUed to an equal
share of the bounty.
Continaanc<; of this act
four yean.
Chapter XL
An ad to grant a Jurther bwn to the Wetland canal company ^ and to regulate their
further operations.
[Passed March 6, 1880.]
Most gracious Sovkbxion :
Whereas the Welland canal has been so far completed as to allow the passage of vessels
from port Dalhousie, on lake Ontario, to Chippewa^ on the Niagara river, above the faUs
of that river; and whereas >m act was passed in the eighth year of your Majesty's reign,
entitled, '^ An act to enable the president and directors of the Welland canal company to
accept an aid from his Majesty^s government, towards the completion of the said canal,
and to seeure to his Majesty the free use thereof," whereby, in consideration of the one
ninth of the estimated cost of the said canal, to be paid by your Majesty to the said canal
company, the free use of the said canal was secured to your Majesty, and the locks of
the said canal were enlarged to certain dimensions stipulated, in behalf of your Majesty,
by your Majesty's secretary of state for the colonies ; and whereas the said act is still in
fill! force and effect, but the said aid not having been yet advanced by your Majesty,
(though your Majesty's faithful commons have every confidence that the said aid will be
ei^tended by your Majesty,) and the said company, from the want of the said aid, and
other causes, are unable to complete the said canal, so as to render the same at all times
fit for navigation, from port Dalhousie, on lake Ontario, to the mouth of the river Welland ;
and it is therefore necessary to grant the said company immediate aid, to insure the pro-
gress of the said canal between the said places ; we therefore pray your Majesty that it
may be enacted, and be it enacted by the King's most excellent Majesty, by and with the
advice and .consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same, That it shall and may be lawful for the governor, lieutenant governor, or
person adninistering the government of this province, to authorize and direct his Majesty's
receiver general of this province to raise by loan, from any^ person or persons, bodies
corporate or politic, who may be willing to advance the same, upon the credit of the
government bills or debentures, authorized to be issued under this act, a sum not exceeding
twenty -five thousand pounds, at a rate of interest not exceeding six per centum ; and that
as soon as the said sum of twenty -five thousand pounds, or any part thereof, shall be so
raised, it shall and may be lawful for the governor, lieutenant governor, or person admi-
nistering the government of this province, to issue his warrant upon the said receiver
general for the same, in favor of the said Welland canal company, upon the terms
and conditions hereinafter provided, respecting the same, which sum of money, when
(See lOth Geo. IV, e
(Amended. See 1st
Wa. rV, e 18.)
Preamble.
£25,000 imuited in
of the land* of
WeUand<
M
65
Digitized by
Google
518
C. 11.-— Elxvekth Ykar of Oeosok IV.^1830. [Saooim ^fissioir,
Limitatioii of tke ex-
penditore.
No poondase allowed
to toe receirer general.
Receiver general to ia-
«ue debentures.
Debenture* chargeable
upon the public funds
of the provmce.
Interest on all deben-
tures to cease after six
months' notice of their
bein^ due has been
published in the Ga-
zette.
Provisions contained
in 7th Geo. IV, c 20,
relative to debentures
issued by the receiver
general, to be in force
with regard to deben-
tures issued under the
authority of this act.
payable as aforesaid, in favor of the said company, shall be paid into Ae hands of the
president of the said company, to be held and apfdied by him to and for the uses of
the said company in the completion of the said canal, under the terms and conditions
of this act
II. And be it further enacted by the authority aforesaid, That the expenditure of the
said sum of twenty-five thousand pounds shall be limited to the payment of the debts doe
by the said Welland canal company, and to the completion of the said canal between lake
Ontario, and the mouth of the said canal, near Chippewa, on the river Niagara, and that
no further expenditure shall be made until the condition of the Deep cut, on the said
canal, shall be examined and -reported to his excellency the lieutenant governor, by the
person appointed by this act for that purpose : Provided always, That it shall be lawful
for the said company to enlarge the feeder of the said canal, now in progress, to such a
width, as will afford a sufficient supply of water for navigating the said eand from the
river Welland to lake Ontario, and no wider.
III. And be it further enacted by the authority aforesaid. That the sum of money herrty
authorized to be raised by loan shall not be subject to any deduction of poundage for the
receiver general of this province, any law, usage, or custom, to the contrary thereof
notwithstanding.
IV. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the receiver general, for the time being, to cause or direct any number of
debentures to be made out for such sum or sums oi money, not exceeding in the whole
the said sum of twenty-five thousand pounds, as any person or persons, bodies corporate
or politic, shall agree to advance on the credit of the said debentures, which debentores
shall be prepared and made out in such method and form as his Majesty's receiver general
shall think most safe and convenient, and shall be signed by him ; and that for each loan
or advance three several debentures shall issue at the same time, bearing date on the day
on which the same shall be actually issued, and being each for the payment of one tbiid
of the sum so advanced at the expiration of periods not shorter than seven, nine, and
eleven years, respectively, with interest, according to the rate at which such loan shall
be negotiated, from the date of such debenture until the same shall be dischaiged.
V. And be it further enacted by the authority aforesaid. That all such debentures, with
the interest thereon, and all charges incident to, or attending the same, shall be, and are
hereby charged and chargeable upon, and shall be repaid and home out of the raontes
that shall come into the hands of the receiver general, to and for the public uses of Oiis
province, and at the disposal of the legislature thereof.
VI. And be it further enacted by the authority aforesaid. That the loan authorized by
this act shall be contracted for upon the express condition, that at any time either before
or after the said debentures, or any of them, which are by this act directed to be issued,
shall become due, according to the terms thereof, it shall and may be lawful for the
governor, lieutenant governor, or person administering the government of this province,
^ if he shall think proper so to do, to direct a notice to be inserted in the Upper Canada
Gazette, requiring all holders of the said debentures to present the same for payment ;
and if, after insertion of the said notice for three months, any debenture shall remain out
more than six months from the first publication of such notice, all interest on sodi deben-
tures, after the expiration of the said six months, shall ceatse, and be no further payable,
in respect to the time which may elapse between the expiration of the said six months and
their presentment for payment.
VII. And be it further enacted by the authority aforesaid. That all and every the
provisions contained in a certain act of the parliament of this province passed in the
seventh year of his Majesty's reign, entitled, ^^ An act to authorize the government to
borrow a certain sum of money, upon debenture, to be loaned to the Welland canal com-
pany," respecting the debentures authorized by the said act passing current with certain
public accountants ; the payment of interest upon the same, by such accountants, and the
suspension of interest in certain cases ; the submitting to the legislature accounts of such
debentures, and the interest paid thereon, and the expenses attending the same; the
payment of interest to holders of such debentures; the remuneration to the receiver
general, for the services required by the said act; paying off and cancelling the said de*
bentures ; and also, the provision made in the seventh section of the said act, for punishing
. the forging of any debenture thereby authorized to be issued, or of any matter or thing
relatin*g thereto, or the knowingly uttering any such forged debenture, or other matter, as
aforesaid, shall apply to, and be in force in respect to, the debentures which shall be issued
according to this act.
VIII. And be it further enacted by the authority aforesaid. That the said receiver
general of this province, for the time being, shall not payor advance to the Welland canal
company any sum or sums of money specified in or by virtue of any warrant or warrants
which may be from time to time issued in their favor by the governor, Ueutenant governor,
Digitized by VrjiJOV IC
Tmnm Pabuaiobivt.]
C. U.— Emybhth Ybar or GnosaB IV.— 1830.
619
or person adminiflteriDg the goyemment of this province, under the authority of this act,
until the said WeUand c«ial eompany shall have delivered to the said receiver general a
bond or bonds, or writing or writings, obligatory to our sovereign lord the King, his heirs
and successors, duly sealed and executed under the seal of the said Welland canal com-
pany, in ihe penal sum of double the amount to be secured thereby, such bond or bonds,
writing or writings^ obligatory, respectively, to be conditioned for the payment to the said
receiver general, to and for the use of our said lord the King, his heirs and successors,
the sum or sums of money specified in the said warrant or warrants that may be from
time to time issued in favor of the said WeUand canal company, by virtue and under
the authority of this act, and at such period or periods respectively, as the debenture or
debenturea upon which such sum or sums of money, so to be from time to time advanced to
the said company, by way of loan, may have been raised, shall respectively become due
and payable, according to the terms thereof, together with the legal interest thereon, at
the rate of six per cent, per annum ; such interest to be paid to the receiver general, to
and for the use of our sovereign lord the King, his heirs and successors, half-yearly,
computed irom the date or dates of the said bond or bonds, writing or vn-itings, obligatory,
respectively; and which bonder bonds, writing or writings, obligatory , respectively, shall
be prepared and made out in such method and form as the said receiver general shall
think most safe and proper.' «
IX. And be it further enacted by the authority aforesaid. That upon payment by the
said company to the receiver general of tHts province, for the time being, of the principal or
interest upon any sum or sums of money from time to time lent and advanced to the
WeUand canal company, by virtue of any such warrant or warrants issued under the
authority of this act, according to the condition, true intent, and meaning of any bond or
bonds to be given by the said company for securing the same, as by this act required, such
receiver general shaU deliver to the said company a receipt or receipts for the same, under
his hand, which receipt or receipts, so signed and delivered, shall be, and are hereby
declared to be, a full and sufficient acquittance or acquittances to the said company, for
the sum or sums therein respectively mentioned and specified.
X. And be it further enacted by the authority aforesaid. That all and every sum and
sums of money from time to time paid into the hands of the receiver general of this pro-
vince, by the said Welland canal company, as a principal or interest upon any bond or
bonds of the said company, given by virtue of this act, shall remain in the hands of such
receiver general of this fH*ovince, at the disposal of the legislature thereof; and that all
sums of money paid under the authority of this act shall be accounted for to his Majesty
through the lords commissioners of his treasury, for the time being, in such manner and
form as his Majesty, his heirs and successors, shall be graciously pleased to direct.
XI. [Repealed by 1st Wil. IV, c 18.]
XII. Provided always, nevertheless, and be it further enacted by the authority afore-
said. That nothing herein contained shall be construed to restrain or prevent the said
company, after the completion of the said canal from port Dalhousie to the entrance of
the said canal into the Niagara river, to apply such sum of money as may be necessary,
in the formation and construction of a towing path along the Niagara river, from lake Erie
to the entrance of the said canal.
XIII. And be it further enacted by the authority aforesaid. That Robert Randal, of the
district of Niagara, esquire, shaU be, and he is hereby appointed, commissioner, under
and by virtue of this act, to examine the said canal, and particularly the section thereof/
called the Deep cut, and to report to his excellency the lieutenant governor, or person
administering the government for the time beine, for the information of the legislature,
the condition of the said canal, ^ and Deep cut thereof, and particularly to examine and
report upon the strata of which the said Deep cut is composed ; the effect which the
seasons have already had thereon, and the probability there is of the stability or instability
of the banks of the said Deep cut, with the facts and reasons upon which such opinion of
their stabUity or instability is founded ; and to examine and report, particularly, upon the.
wooden locks of the said canal, their sufficiency, probable durability, and expense of repair ;
and to examine and report upon the harbor at the Twelve-Mile creek, and the condition,
practicability, and sufficiency thereof; and to examine and report upon the condition of
the dam erected across the Grand river, and the effects from overflowing, or otherwise,
produced by the same ; and to examine and report the condition of the ^eder from the
Grand river to the said canal, and whether it would not be practicable and advantageous
to have a feeder from another and higher point of the said Grand river, together with all
WeUttid canal compa-
ny to giro bonds to the
receiver geneia] for all
gums advanced.
When bonds are paid
off by the Welland ca-
nal company, receiver
ffeneral to give receipt*
for the money.
Money paid to the re-
ceiver general on
bonds, how to be ap-
}ilied and accounted
or.
WeUand canal compa-
ny not to make any
other canal or channel
betiveen the WeUand
canal and lake Erie, or
the Grsnd river, with-
oat farther legislative
provision.
WeUand canal comp»>
ny mar make a towmg
path aIon«^the Niagara
river, to tno Deep cat
Robert Randal, esq.
appointed a commis-
sioner.
Digitized by v:jOOQIC
no
C. IS. — ELSVcttTR Ykas op OBom^ft IV. — 18S0.
Bokert Raadal, Mq.
to be remmientod for
hia trouble.
such odier and farther facts and infiannation as the and eonmiaBioiier m$y i
aid of forming a eortect opinion of the said woric, ita jpngteasi conditjon, and AiMe ^
fnbiess.
XIV. And be it further enacted by the authority aforesaid, Tluit it ahdl and nay be
lawful for the governor, lieutenant governor, or person adaunistering the gUTemment^ for
the time being, to remunerate the said Robert Randal, for his 3vtfes and surviees afoie-
said, and for any disbursements he may have to m$ke in the dischaf^ge of andk dotiea and
services, to such an amount as his excellency the lieutenant governor, or person adninis*
tering the government, for the time being, shall think fit ; and to issue hia wammt or
warrants^ for such amount upon the receiver general of thia province, in fionror of the said
Robert Randal, which amount shall be paid out of any monies in the hands of Utt said
receiver general unappropriated, and suli^t to the dispoeal o( the legjabtarc.
(See HA Geo. IV, e
Preamble.
401 Geo. IV, elS,a2;
M Geo. IV, e la^ 8 8,
repealed.
New tolls to be eolleet-
ed, in lien of those re-
pealed.
<6ee 4tk Geo. IV, c
9, a 13.)
Table.
Chapter XII.
An act to afford further aid to complete the Burlington bay canaly and for other purpi>$e$
relative to the said canal.
tPasaed Marelia,l8S0.]
Whsbbas since the opening of the navigation of the Burlington canal, great and mani-
fest advantages have been derived by the province from that work ; and wheieaa its
completion would open one of the most spacious harbors on lake Ontario, afford a eaie and
commodious wintering place to vessels navigating that lake, at all times free trom ice, asui
give increased energy to the agricultural and commercial interests of the province ; and
whereas the rates and tolls now levied and collected on the said canal are generally con-
sidered too high ; and whereas from the experience of the two last years, there is ^ood
reason to expect that, although a moderate reductbn were made in the said rates and
tolls, a sum would be realized, annually, sufficient in amount to pay the annual interest,
and gradually to liquidate fiie principal of any loan that might be found necessary^ in order
to complete the said navigation ; be it therefore enacted by the King's most esceUent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and imder the
authority of an act passed in the parliament of Great Britain, entitled, " An act to repeal
certain parts of an act passed in the fourteenth year of bis Majesty's reign, entitled, *• An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision lor the government of the said province,' "
and by the authority of the same, That from and after the passing p( this act, die second
clause of an act passed in the fourth session of the eighth parliament of this province,
entitled, ^^ An act to amend and extend the provisions of an act passed in the last session
of parliament, entitled, ^ An act to provide for constructing a navigable canal between
Buriington bay and lake Ontario ;' " and the eighth clause of an act passed in the ibuitk
session of the ninth parliament, entitled, ^^ An act to provide for the valuation of the labor
and materials applied in constructing the harbor at Burlington bay, and for other puipoaes
relating to the said harbor," shall be, and the same are, hereby repealed.
XL And be it further enacted by the authority aforesaid. That instead of the toUs and
dues enumerated in a schedule annexed to, and authorized to be levied and collected by
virtue of the provisions of an act passed in the third session of the eighth partiament of
this province, entitled, " An act to provide for constructing a navigable canal between
Buriington bay and lake Ontario," the tolls and dues enumerated in the following schedule
shall be levied and collected on the said canal, and continued until such time as the loan
hereinafter authorized to be raised for the completion of the same, and also the interest
on the said loan, shall have been repaid : Provided always. That the said tolls and dues
authorized to be levied and collected by virtue of this act, shall continue to be so levied
and collected after the said loan and interest shall have been repaid, and until a further
sum, sufficient in amount to repay all monies that have been advanced by this province
for the use of the^said canal, shall have been also raised and collected, and paid into the
provincial treasury ; and that nothing in this act contained shall be implied to repeal or
suspend the operation of the seventh clause of an act passed in the fourth session of the
last parliament, entitled, ^^ An act to provide for the valuation of the labor and materiab
applied in constructing the harbor at Burlington bay, and for other purposes relating to
the said harbor."
Schedule op Toll« aitd Rates patablc mrssa the AumoErrr or Tirit Act*.
Salt and plaster of paris, per barrel, six pence, currency.
Flour, per barrel, four pence half-penny.
Wheat and pease, per bushel, three farthings. r^ T
Digitized by VrjOOQlC
1
C. lS.-*£Mf JBTIH YmuL or GmMw IV.— 1880.
m
Bm^ ydil^ biMer, hid, whiakey, biMMim, and hemass, per h^mX^ mne paDce^
Bee£^ mrik, batter^ laid, wluakey , bees-ww, and heningp, per keg, four paoep nalf-pciiuiy.
Plouf^, each, four pence haif-pennj.
Siunglas, per M., two peoee*
Dry goods, per ewi*, five penee.
Oil, per barrel, ene afailliBg.
AsheSy pw barrel, one sbilling and three fence.
BoMdB, per hundred pieces, one sh^ling and three peace.
Staves, standaid, per M., ten sfailliogs.
III. And be it further enacted by the autfaortty"aforeaaid, That a|^es, cider, potatoes,
and all otlwr roots, vegetables, and fruits, and also all articles not enumerated to pay, in
proportion to the abome rates, shall be subject to such toUs anddues as flaay be estaUiBhed
by the commissioners appointed by virtue of this act.
IV. And foe it forther enacted by the authority aforesaid. That the rates, toUs, and does,
authorined to be levied and collected under the authority of this act, shall not be lowered
untfl after the said loan, and the inetrest thereon, shall have been paid unto the person
or persons ithe may advance the same, on the security of the said rates, toUs, and dues.
Yv And be it further enacted by tbe authority aforesaid. That it shall and m»f be
lawful for the governor, lieutenant governor, or person administeriBg the government ef
this province, to authorize and direct the receiver general to raise by loan, at a rate
of interest not exceeding six per centum per annum, and as much lower as can be obtained,
from any person or persons, body politic or corporate, who may be willing to advanoe the
same^ upon the credit of the government bills or debentures, authoriced to be issued as
heveinafter mentioned, such sums, not exceeding in the whcde five thousand pounds, M
may be lequired to complete the works and nav^tion of the said canal.
VL And be it further enacted by the authority aforesaid. That it shall and maybe law*
ful for the receiver general, for the time being, to eause or direct any nunaber of debeniiires
to be made out for such sum or sums.of money, not exceediojg in tbe whole the said sum
of five thousand pounds, as any person or persons, bodies politic or corporate, shall agree
to advance <m the credit of the debentures ; which debentures duJl be ^prepared and
made out in sodi method and form as his Majesty's receiver general shaU think most safe
and convenient, and shaU be signed by him ; and that for each loan or advance, three
severd debentures shall issue at the eame time, bearing date the day on which the same
shall be actually issued, and being each for the payment of one third of the sum so adr
vanced, and out of the said rates, tolls, and dues, and no other, at the expiration of periods
not shorter tiian three, five, and seven years, respectively, with interest, according to the
rate at which such loan shdl be negotiated, firom the date of such debenture, until the
same shall be discharged.
VII. And be it furUier enacted by the authority aforesaid, That all sueh debentures,
with the interest thereon, and all charges incident to, or attending the same, shall be, and
are hereby charged and chargeable upon, and ahall be repaid and borne out of the monies
that shaH come into the hands of die receiver general of this province, arimng <out of 4ihe
rates, toUs, and dues, hereafter to be levied and collected upon the Burlington canal, and
from no other source.
VIII. And be it further enacted by the authority aforesaid. That the whole of the neit
proceeds arising out of the tolls, rates, and dues, hereafter to be raised, levied, and col-
lected, on the raid canal, shall be applied to the purpose of redeeming the loan autborijEed
to be made by this act, until it shall be liquidated, with the interest thereon : Provided
always. That it shall be lawful for the collector of the said tolls to receive the same per
eentage and dues which have hitherto been paid him out of the tolls, rates, and dues, ,so
collected on the said canal.
IX. And be it further enacted by the authority aforesaid, That all and every the pro-
visions contained in a certain act of the parliament of this province passed in the seventh
year of his Majesty's reign, entitled, '^ An act to authorize tbe government to borrow a
certain sum of money upon debenture, to be loaned to the Welland canal company,"
respecting the submitting to the legislature accounts of such debentures, and the interest
paid thereon, and the expenses attending the same ; the payment of interest to holders of
Bueh debentures ; paying off and cancelling the said debentures ; and abo the provision
made in the seventh section of the said act, for punishing the forging of any debenture
thereby authorized to be issued, or of any matter or thing relating thereto, or .the know-
ingly uttering any such forged debenture, or other matter, as aforesaid, shall apply to and
be in force in respect to the debentures which shall hi issued according to this act.
X. And be it further enacted by tbe authority aforesaid, That the sum of money herein
authorised to be raised by loan shall not be subject to any deduction of poundage for the
receiver general of this i^'ovince.
^ toUi to
be IeTi«d on Iniit wd
yefetalilet.
ToUa not to b« towered
onto loen and Snteiest
pud off.
£6,060 tolMimlMd hf
Beeeirer
nebentmrei eherigeeMe
on the toUs of the eanid.
ToUsto be applied to
the redemption of the
debt*
Cc^eetor of tollf to te-
ceiye per eeiitag;e.
PrOTitioni eontaioed in
7lh Geo. nr, c 20, n-
meeting the iaauing
debentores, to be ap-
plieableto debentuica
Mtned under the aatho-
rity of this act
No
paid to
general.
^ to be
Um receiTer
Digitized by
Google
M
C. 12.— EUDTBHTR Y«A« Of Obobob IV.— 1880.
fSi
poiBtod.
Datiet of <
SuoM expended Ikow
to be fteeounted.forf
Wamati fo be issued
for the payment of d»*
bentnres) which are to
be canceQed when paid.
Specifieations to be
prepared, and wotfc to
IM let oat by pnblie
tenders.
Seenrity to be giyen
for its completion.
Commissioners to draw
upon the receiver ge-
neral for money to pay
contracts.
Arbitrators to be
named in each con-
tract, to whom all dis»
pates respeetine its
fulfilment shall be re-
ferred.
Commissioners may
adjonm their meetings
and appoint a president.
Commusioners may
make contracts for re-
pairs.
Each commissioner to
in succession
XL And be it ftirther enaefted by the audiority aforesaid, That Waiiam ChUioliB,
Alexander Brown, John Aikman, Joshua Freeinan, Ashel Davis, William Applegarth, and
William B. Sheldon, be commissioners for the purpose of receiving plans, tenders, and
estimates, and of contracting for and superintending the work and labor neceaaary to be
done and performed in order to complete, secure, and make permanent, the Burlington
canal, with the banks, piers, and excavations thereof; and to them shaU be paid, in dis-
charge of such warrant or warrants as shall be issued for that purpose by the gevamor,
lieutenant governor, or person administering the government of this province, the sums
required to be expended by the authority of this act, for the purpose of completing the
said canal : Provided always. That the sums so apjdied shall be accounted f(»* to his
Majesty through the lords commissioners of his Mi^sty's treasury, in such manner and
fcM*m as his Majesty shall be pleased to direct ; and that if any of the persons hereby
nominated and appointed commissioner shall die, or refuse to act as such eommisaioner,
under the authority of this act, it shall be in the power of the governor, lieulenant
governor, or person administering the government, to appoint another commisaoDer or
commissioners in the place of him or them who shall die, or reiuse to act, as aforesaid.
XII. And be it further enacted by the authority aforesaid. That a separate warrant
shall be made to the receiver general by the governor, lieutenant governor, or pmsoa
lidministering the government of this province, for the payment of each debenture, as the
same may become due, and be presented in favor of the lawful holder thereof; and that
such debenture as shall be discharged and paid off? shall be cancelled by the said receiver
general.
XIII. And be it further enacted by the authority aforesaid, That after the commo-
sioners have met, and decided upon the measures necessary to be taken to place the canal
in a complete and permanent state of repair, and agreed upon their plan of operations,
they shall then cause to be made out an estimate of the work and labor, and specifications,
accurately describing the manner in which it is to be performed, and shall let the whole
out by contract at once, either in one or more contracts, at their discretion, and shall
publicly advertise the said contract or contracts in the newspapers, stating also the time
and place at which sealed proposals will be received ; and all proposals sh^ be fer a sum
certain, and no proposition which is not definite and certain, or which contains any alter*
native condition or limitation as to such price, shall be received or acted upon.
XIY . And be it further enacted by the authority aforesaid, That the person or persons
whose tender or tenders shall be accepted, shall give security to the satisfaction of the
said commissioners, and also to the satisfaction of the governor, lieutenant govenior,
w person administering the government of this province, conditioned for the due per*
f<»*mance of the contract or contracts to be entered into, which contract cft contracts
shall be drawn by his Majesty's attorney general, for the time being, in strict conformity
of the provisions of this act, and shall positively include all the work and labor to be
done and performed; accidents, casualties, and all contingencies whatsoever, being
at the sole risk of the contractor or contractors ; and three copies of all contracts to be
entered into shall be executed by the parties, one of which shall be deposited with the
receiver general, and another shall remain with the canal commissioners ; and the com-
missioners, after having obtained ample and undoubted security for the due completion of the
Work, may draw upon the receiver general, from time to time, and order payment to be
made to the contractor or contractors in sums corresponding in amount to the progress made
in the work, in order that the said contractor or contractors may not be onder the
necessity of employing workmen and laborers at a disadvantage, or of taking credit at
stores at higher prices than cash price, for lack of means.
XV. And be it further enacted by the authority aforesaid, That in the contract or
contracts to be entered into, three men shall be named by the contractor or contractors,
and the commissioners, indifferently, who shall be called upon to act as umpires, in case
any disputes should arise during the performance of the contract or contracts, or at the
close thereof, between the commissioners and contractor or contractors, as to whether the
work had been done and completed according to the bargain ; and the decision of any
two of the three so named being given in writing, shall be final and conclusive, and tuav
not be appealed from.
XVI. And be it further enacted by the authority aforesaid. That a majority of the
board of commissioners shall be a quorum to transact canal business, and may adjourn
from time to time, and fix the time and place of future meetings, and that they choose one
of their members to be their president, whose duty it shall be to call a meeting of the
board on request, in writing, of a commissioner, and without such request, whenever be
shall deem it expedient ; and if it shall be found necessary, after the contract or contracts
for the con^pletion of the canal have been entered into, for the commissioners to make
other extraordinary repairs or improvements, in cases which could not have been easily
foreseen, and inclilded in the said contract or contracts, they are authorized to do so, and
Digitized by
vjoogle
Tl^NTR PARLIA9tSNT.]
C. Id.— Eiisrsimi Yur of Gmbob IV 1830.
m
Aie board shall from time to time assign to each commissioner in suecesrion the important
duty of personally inspecting and taking special daily charge of the undertaking*
XVII. And he it further enacted by the authority aforesaid, That it shall be the duty
of the saiil canal commissioners to account and settle with Uie receiver general, on or
before the first day of January in each year, for all monies received by them, or paid to
contractors by Uieir order, under this act ; and such statement shall a pecify the sums,
respectively, paid to all contractors, engineers, and servants, employed on the canal, and
sach statement or settlement shall be by the receiver general reported to his excellency
the lieutenant governor, to be by him laid before the legislature.
XVIIL And be it further enacted by the authority aforesaid. That at the close of the
navigation in each year, the said conunissioners shall annually report to his excellency
the lieutenant governor, or to the person administering the government, stating the con-o
dition and progress of the canal, and all the worths and improvements connected therewith,
and shall recommend such measures in relation thereto as they may deem the public
interest to require.
XIX. ^nd be it further enacted by the authority aforesaid. That the said commission-
ers shall appoint a fit and discreet person as superintendent of works, with a moderate
annual recompense, whose duty it shall be to attend constantly at the canal, to see that
the piers are filled with a suitable quantity of stone, the piles properly driven, the exca-
vation carried to the proper width and depth, and the work done and performed in all
respects according to contract ; and the superintendent shall also act as secretary to the
board of commissioners, and keep a book or books, in which their meetings and adjourn-
ments, and all their transactions in the business of the canal, shall be duly entered, and
in which all receipts and expenditures of money shall be set down ; and no account shall
be paid by any officer or servant employed on the. canal, until the same shall have been
regularly inspected and audited by the board ; and it shall be the duty of the superintend*
ent to file and preserve the accounts that are thus audited, and they shall be transmitted
to the receiver general by the commissioners, at the period of annual settlement, for the
inspection of the legislature, if required.
XX. And be it further enacted by the authority aforesaid. That it shall and may be
lawful far the collector of the said tolls and dues, imposed by virtue of this act, to appoint
a deputy to collect the same.
XXI. And be it further enacted by the authority aforesaid, That the ninth clause of an
act passed in the third session of the eighth parliament of this province, entitled, '^ An act
to provide for constructing a navigable canal between Burlington bay and lake Ontario,"
shall be, and the same is, hereby repealed.
Uie daily pngnm of
tb« work.
CkM&iiitsnoiiert to ae^
eount with the receiyer
general on first of Jann-
aiy in eaeh jear» for
all monies leeeiyed.
Commusionen to make
an annual report of their
tnuuactiont to the lieu-
tenant gorenior.
Commiaeloiiers to a|>-
point a saperintcndent.
Hisdii^.
Collector of tollfr may
appoint a deputy.
4th Geo. I V, e 8, s 9,
repealed.
Preamble.
Cliapter XIII,
An act to incorporate the trtistees of the Grantham academy,
[Passed March 6, 1890.]
WujKRBAs subscriptions have been entered into by divers inhabitants of the village of
Saiot Catharines, in the district of Niagara, and its vicinity, for the purpose of establishing
an academy in the said village ; and it is considered, that if the stockholders should be
incorporated and vested with powers for the regulation and good government of the said
academy, the same would become of great bei^efit and advantage to the public; and
whereas Robert Campbell, Jacob Keefcr, John Gibson, Chauncey Beedle, and Lyman
Parsons, have, bytheir petition presented to the legislature, prayed for such incorporation ;
be it therefore enacted by the King^s most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual provision for the
government of th^ province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That on the
first Monday in May in this present year, and in every year thereafter, there shall be held
a meeting of the subscribers to the Grantham academy, in the village of Saint Catharines,
of persons holding stock therein ; at which meeting shall be chosen, from amongst the
subscribers or stockholders, by a majority of them then there present, five trustees, three
of whom shall be a quorum for transacting all business' relating to the said academy ; and
the appointment of a treasurer, secretary, masters, assistants, and other necessary officers,
and their salaries, and by-laws, shall then and there be made for the government of the
school, and su^h other matters as to the said trustees shall appertain to do ; and it shall be
the duty of the said trustees, for the time being, to give public notice at least two weeks
Digitized by
Ist Monday in Maya
meeting of »ii]Mcribert
to be hdd in Saint Cath-
arines, who ahall eleet
five trusteee.
Appointment ofsecre-
taiy, treaaurcr, mat-
ters, assistants, and
other officers, and their
salaries, to be then
made.
Google
«|4
C »•— EuRWtH YsAX w G90«0£ IV — 1880.
£8klKNMP} SwMOKy
PfeUSe iioliee to be
gireii of the daj of
IViuteef, tnatiirBr.
mad Mcretary, declared
A eoipontioii*
»
AMMMof
Sliwes £2 lOe. each.
StoekMden to vote
in proportion to eliwet
None to be trustees or
efficen except atoek-
holders, and Britisk
fobiieeta.
None but BrHish rab-
jects to be appointed
teachera.
Statement of the affiura
of the academy to be
laid before the ttock-
hoMers at eai '
election of tnuteea.
Sharea to be transfenp
Ueonthebookaofthc
Extra meetinn
becaUed.
ApnMienet.
Stock or effecta not to
exceed £6,000.
pttrkm to the meeliDg of tlie stoekholders, which is to be held on the fint Hyfooday in
May annnaily.
II. And be k further enacted by the authority aforesaid, That the said trustees, together
with the treasurer and secretary for the time being, and their successors, to be chosen as
afbfesaid, diall be, and they are hereby declared to be, a body corporate and politic, in
deed and in lawyrby the name of the trustees of the Grantham academy, and shall bare
perpetual suceession, and a common seal, with power to change^ alter, break, or make
new the same ; and they, or their successors, by the name aforesaid, may sue and be sued,
defend and be defended, in all or any court or courts of record and places of jurisdiction
within this prorinoe, and shall lawfully hold, use, receive, enjoy, possess, and retain, for
the end and purposes of this act, and in trust and for the benefit of the stockholders in the
said academy, all such sum and sums of money as have been had, subscribed, aii4giVeo,
or shall, at any time or times hereafter be paid, subscribed, or given, by any peison or
persons, to and for the advantage of the said academy ; and th^ they and tiieirsooceason,
by the name aforesaid, shall and may, at any time hereafter, take, receive^ ha^e, hoU,
possess, and enjoy, for the use and bi^e&t of said academy, five acres of land, with the
tenements or hereditaments thereto appertaining, and also, ail goods and chattefa, £or the
purposes of the said stockholders, and for no other purpose whatsoever ; and the said
truces and their successors, or the majority of them, shall have full power to pay and
dispose of the revenues, and mani^ the said estate aixl affairs of the said stoddboldersia
the said academy, in such manner as they may judge to be most advantageous tathem.
III. And be it further enacted by the authority afioresaid. That a share in the stock of
the said academy shall be two pounds ten shillings, and that each stockholder shall be
entitled to a number of votes, proportioned to the number of shares which he or die shall
have held in his or her own name, at least three months prior to the time of votiiif;,
according to the following ratios, that is to say ; one vote for each share not exceeding
three, four votes for six shares, five votes for eight shares, six votes for ten diares, and
one vote for every five shares above ten.
lY. And be it further enacted by the authority aforesaid, That no person shall be eli-
gible to the office of trustee, treasurer, or secretary, or be appointed to the same, who
shall not be a stockholder to the amount of one share, or who is not a natural bom sutgect
of his Majesty, or a subject naturalized by an act of the British parliament, or by any
statute of this province ; and that in case any vacancy or vacancies shall at any time
happen among the trustees, treasurer, or secretary, by death, resignation, cm- removal from
the province, the same shall be filled, for the remainder of the pmod of serviise, by such
person or persons as the majority of the trustees may appoint.
y. And be it further enacted by the authority aforesaid, That no person, not a natural
bom subject of his Majesty, or a subject naturalized by act of the British parliament, or
by an act of the legislature of this province, shall be capable of being chosen or appointed,
(after the passing of this act,) to be a teacher in the said academy.
YI. And be it further enacted by the authority aforesaid, That it shall be the duty of
the trustees, treasurer, and secretary, at every meeting appointed for the election of trus-
tees, treasurer, and secretary, and previous to the proceeding to the election, to give an
exact and particular statement of the affairs of the institution, and to make at such meetings
as aforesaid, a dividend of the profits of the institution, if any, after deducting the proper
and necessary expenses thereof.
YII. And be it further enacted by the authority aforesaid. That the shares of stock in
the said academy shall be transferable, and may from time to time be transferred by the
respective persons so subscribing, or afterwards holding the same : Provided, That such
transfer or transfers be entered in a book or books kept for that purpose by die said
secretary ; to which books, and all other records of the proceedings of the trustees, every
stockholder shall at all times have free access.
YIII. And be it further enacted by the authority aforesaid. That it shall and may be
lawful, at any time when at least one half of the stockholders shall wish to call an extra
meeting of the stockholders, to give notice as above stated, to take into consideration any
further measures connected with the interest of the school.
IX. And be it further enacted by the authority aforesaid. That this act shall be taken
to be a public act, and be judicially noticed as such in the courts of justice in this province,
without being specially pleaded.
X. And be it further enacted by the authority aforesaid, That it shall not be lawful for
the said corporation to hold stock, property, or effects, for the purposes aforesaid, to a
larger amount than five thousand pounds.
Digitized by
Google
TcRTH Pmojasbht.] C. 14. — EuBTaNTB Ybah of Gbobob IY. — 18S0.
525
Preamble.
M^esty, to be appro-
priated towards repair-
ing roads and bridge*
in the gereral districta
foUowing.
Eastern district, £1,-
900; Ottawa, £800;
Johnstown, i>l»100;
Bat1iiirst,£1400i Mid-
land, £1,900; Neweas-
tle, £1,100 ; Home,
£1,560; Gore, £1,600;
Niagara, £1,000; Lon-
don, £1,100; Western,
£1,100.
(As to monies nnex-
pended in the Bathurst,
Midland, Gore» Lon-
don, and Western dis-
tricts, see 1st Wfl. IV,
c20.)
the
the
Speci£^tion
Gkapter XTV.
'An act granting to his Majesty a sum of money for the improvement of tie roads and
bridges in this province.
[Passed March 6, 1880.]
Most obactous Soysssioir :
Whereas it is desirable to afford aid towards repairing roads and bridges in certain parts
of this province ; may it therefore please jour Majesty that it may be enacted, and be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of ati act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That out
of the rates and duties already raised, levied, and collected, or hereafter to be raised, f}pfiBO granted to his
levied, and collected, and unapproin-iated, there be granted to your Majesty, your heirs
and successors, the sum of thirteen thousand six hundred and fifty pounds ; which said
sum of thirteen thousand six hundred and fifty pounds, shall be appropriated and applied
towards repairing roads and bridges in certain parts of this province, and apportioned to
the several districts within the same, as follows :
To the Eastern district — one thousand three hundred pounds.
To the Ottawa district — eight hundred pounds.
To the Johnstown district — one thousand one hundred pounds.
To the Bathurst district — one thousand one hundred pounds.
To the Midland district — one thousand nine hundred pounds.
To the Newcastle districts-one thousand one hundred pounds.
To the Home district — one thousand five hundred and fifty pounds.
To the Gore district — one thousand six hundred pounds.
To the Niagara district — one thousand pounds.
To the London district — one thousand one hundred pounds.
To the Western district — one thousand one hundred pounds.
II. And be it further enacted by the authority aforesaid, That the sum of one thousand
three hundred pounds, hereby granted to the Eastern district, shall be appropriated and
expended as follows, that is to say ; in the county of Glengary, the sum of five hundred
and sixty-six pounds, thirteen shillings and four pence ; of which, two hundred pounds
shall be expended in opening and making the front road in the township of Lancaster,
leading to Lower Canada ; and on the road from Kirktown, in Lancaster, to Dundas street,
the sum of seventy-five pounds ; and on the road from Gray's creek to Lancaster, the sum
of fifty pounds ; and from Alexander McLeod's, in Lochiel, to the eastern limit of the
township, on the road to the seigniory of Rigaud, fifty pounds ; and from Saint Raphael,
on the present post road, to Hawkesbury, the sum of one hundred and ninety-one pounds,
thirteen shillings and four pence ; and that Hugh McGillis^ Donald Catanach, John Mc^
Lennan, and Alexander Chisholm, esquire, and Alexander McDougall, of Lancaster, be
commissioners for expending the same : And in the county of Stormont, the sum of three
hundred and sixty-six pounds, thirteen shillings and four pence, of which shall be expended *
on the main road from Cornwall to Williamsbur^h, the sum of seventy-five pounds ; and
on the direct road from Cornwall to the rear of Roxborough, the sum of one hundred and
twenty pounds ;, and from the front of Osnabruck, on the road leading out from the church
into the to^vnship of Finch, the sum of one hundred and twenty pounds ; and on the road
leading from Martintown to Long Sault, the sum of fifty-one pounds, thirteen shillings and
four pence ; and that Simon Eraser and Donald McDonald, esquires, of Cornwall, and
Levins Bancroft and Henry Shaver, of Osnabruck, be commissioners for expending the
same : And in the county of Dundas, the sum of three hundred and sixty-six pounds,
thirteen shillings and four pence, of which there be expended on the front road, in the
township of Matilda, the sum of seventy-five pounds ; and on the post road in the town-
ship of WiiUamsburgh, the like sum of seventy-five pounds ; and on the road leading from
the river Saint Lawrence, in the centre of the tovniship of Matilda, to the township of
Mountain, the sum of one hundred and eight pounds, six shillings and eight pence ; and
on the road leading from Alexander Rose, esquire's, through the townships of Williams-
burgh and Winchester, the like sum of one hundred and eight pounds, six shillings and
eight pence ; and that Alexander Rose and James McDonell, esquires, and John Strader
and John Dillabough and John Rose, of Matilda, and Henry MerUey, junior, of Williams^
burgh, be commissioners for expending the same.
III. And be it further enacted by the authority aforesaid, That the sum of eight hundred Specification of the
poimds, hereby granted to the Ottawa district, shall be appropriated and expended as fol- •pprop™*'®" ft* the T
*^ 66 • Digitized by VnUUylC
of
for
Lttern district, and
appointmcDt of com'
misaionera.
uipropriation
Eaitt
526
C. U.— Emtknth Yxab of GsomoK 1V.-^18S0.
[Sboojid SnWMMT,
Ottawa dutriet,
a|>|roiiitmeiit of
AppropriatHm, anduH
pvintment of ecminiia-
atooera for the district
ofJohaitown.
ApproprJation, and ap-
pointment Of comnus-
aiooen for Bathorat.
(SeelstWU.IV,c20.)
At»propriatioB, and ap-
pointment of eommis-
aioners for the Midland
district
(See 1st WU. IV, c 20.)
and lows: On the road leading from the county of Glengary to the Ottawa rirer, coomieneiiig
in the rear of West Hawkesbury, and from thence on the line of said road, to the Scotch
church on Van Black's hill, the sum of three hundred pounds ; on the road leading throng
the township of Caledonia to the river Petite Nation, the sum of fifty pounds.; on the road
from point Fortune to the eastern boundary of the township of Longuiel, the sum of two
hundred pounds ; and for opening and improving a road from Longuiel to the riirer Petite
Nation, as near to the bank of the Ottawa river as may be practicable, the sum of two
hundred and fifty pounds, and that Charles Waters, Charles A. Low, Daniel Wimao,
William Clark, and Alexander Grant, be commissioners for expending the same.
IV. And l>e it further enacted by the authority aforesaid, That the sum of eleven
hundred pounds, hereby granted to the district of Johnstown, be appropriated and e3q)eflded
as follows : On the road between fklward Bissel's, in Augusta, and Edmund Burrett's, in
Wolford, the sum of three hundred and fifty pounds ; and that Samuel J. Bdlamy, Ed-
mund Burrett, Edward Bissel, and Lyman Stone, be commissioners for expen^g the
same : On the road from Johnstown to Kempt ville, in Oxford, the sum. of three hundred
and fifty pounds, and that William Bottum, Trueman Hurd, and David Spencer, esquires,
and Mr. William Adams, be commissioners for expending the same : On the road between
Brock ville and Perth, the sum of two hundred pounds ; and that Edward Howard, John
' Ketchum, Abel Wright, and Isaac Martial, be commissioners for expending the same : On
the road from Beveny, in Bastard, to the isthmus in North Crosby, one hundred pounds;
and on the road from John Dickson's, in Yonge, to Jones' falls and Chaffey's miUs, in
South Crosby, one hundred pounds; and that Sheldon Stoddard, Elijah Judd, Peter
Breser, and John Leggett, be commissioners for expending the same.
V. And be it further enacted by the authority aforesaid. That the sum of eleven bmi-
drcd pounds, hereby granted to the district of Bathurst, be appropriated and ex|iended as
follows : On the public road leading from Perth to Richmond, tne sum of five hundred
pounds, and that George T. Burke and William Marshall, esquires, be commissioners for
expending the same : On the road leading from Richmond to Bytown, the sum of two
hundred pounds, and that Joseph Maxwell, esquire, and Francis Davidson, be commis-
sioners for expending the same : On the road leading from Perth to Lanark, the sum of
two hundred pounds, and that John McKay and James Shaw be commissioners for expending
the same : On the road leading from Perth to Harvey's mills, one hundred pounds, and
that Christopher J. Bell and Peter M'Gregor be commissioners for expending the same :
On the road leading from Richmond to Huntley, one hundred pounds, and that John B.
Lewis, esquire, and Mr. James Wilson, of Goulboum, be commissioners for expending
the same.
VI. And be it further enacted by the authority aforesaid, That the sum of one thousand
nine hundred pounds, hereby granted to the Midland district, be appropriated and expended
as follows : On the Montreal road between the town of Kingston and the limits of the
county of Frontenac, the sum of fifty pounds, and that Joseph Franklin, Elijah Beach, and
James Atkinson, be commissioners for expending the same : On the road leading from the
town of Kingston to the village of Waterloo, the sum of fifty pounds, and that Samuel
Aykroyd, Horace Yeomans, and Benjamin Olcott, be commissioners for expending the
same : On the road leading from Kingston to the village of Bath, the sum of one hundred
pounds, and that Henry Lasher, Joseph Amy, and Prentiss J. Fitch, be commissioners for
expending the same : On the road leading from the village of Waterloo to the Napanee
mills, the sum of three hundred and fifty pounds, and that the treasurer and trustees of
the Kingston and Ernesttown road society be commissioners for expending the same : On
the road leading from Loughborough to Waterloo, the sum of fifty pounds, and chat Samuel
Aykroyd, John Campbell, and Henry Wood, be commissioners for expending the same :
On the road leading from the fifth concession of Portland to the third concession of the
township of Kingston, fifty pounds, and that Jacob Shibley, Bryan Spike, and Thomas
Sigsworth, be commissioners for expending the same : On the road leading from Bath to
the township of Camden, the sum of fifty pounds, and that Ebenezer Perry, Benjamin
Clark, and John Perry, be commissioners for expending the same : On the road leading
from Wessel's ferry, in Sophiasburgh, to Demorest's mill, the sum of one hundred pounds,
and that Abraham Van Blaricom, Daniel B. Way, and GilKaume Demorest, be eommis-
fiioners for expending the same : On the road between the widow M'Cready's and the
northeast of Chrysel creek bridge, in the seventh concession of Thurlow, the sum of
twenty-five pounds : On the road in the township of Huntingdon, leading to the towariiip
of Madoc, and surveyed by W. Ketcheson, in one thousand eight hundred and twenty-
eight, seventy-five pounds, and that Jacob Youngs, of Thurlow, Garret Garretson, of
Huntingdon, and James O'Harra, of Madoc, be commissioners for encoding the same :
On the road leading from the Napanee mills te Belleville, the sum of ei^t hundred pounds,
and that Allan McPherson, John Tumbuli, WilUam Post, David B. Soles, and John
Mabee, of Thurlow, be commissioners for expending the same : On tha^foad leading from
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C. 14. — Evmvmmn YifrAn of Gxomk IV.— 1830.
62fl
Van Alstine's ferry to tbe Carrying Place, the sum of two hundred pounds, and thct
Simeon Washburn, esquire, Charles Biggar, esquire, and Jesse Henderson, be commis-
sioners for expendmg the same.
yil. And be it farther enacted hj the authority aforesaid, That the sum of one thou-
sand one hundred pounds, hereby granted to the district of Newcastle, be appropriated
and expended as follows : On the main highway leading through the township of Darlington,
the sum of one hundred and fifty pounds, and that John Burke, and James Bates, be
commissioners for expending the same : On the main highway leading through the township
of Clarke, the sum of one hundred and fifty pounds, and that Asa E. Walbridge and
Samuel S. Wilmot, esquires, be commissioners for expendiog the same : On that part of
the main road through the township of Hope, commonly called Roseborough's hill, and that
part commonly called Fariey's hiU, on the same road, the sum of twenty-five pounds, and
that Leonard Soper, esquire, be commissioner for expending the same : On the main high-
way through the townshipof Murray, between the eastern and western lines thereof, the sum
of two hundred pounds : On the road leading from the Carrying Place to the west line g(
Muiray, aforesaid, (on the front road,) and from thence to Sandford's tavern, the sum of
one hufidred and twenty-five pounds, and that Charles Biggar, esquire, Pitken Gross^
and Thomas D. Sandford, be commissioners for expending the same : On the road leading
from the main highway through the townships of Cramahe and Percy to the Rice lake
and river Trent, the sum of twenty-five pounds, and that John Piatt and David Cumming,
esquires, be commissioners for expending the same ; On the great boundary line road
between the counties of Northumberland and Durham, and running between the townships
of Hope and Hamilton, Cavan and Monaghan, Emily and Smith, and Emily and Ennis-
more, the sum of three hundred and thirty-seven pounds ten shillings, and that James
Ewing, Elias Smith, Myndart Harris, and Ebenezer Perry, esquires, be commissioners for
expending the same : On the principal road leading from the Rice lake through the town-
ship of Otonabee and Peterborough, the sum of fifty pounds, Bnd that Charles Rubridge
and Thomas A. Stewart, esquires, be commissioners for expending the same : On the
road leading from Peterborough to Mud lake, the sum of twenty-five pounds, and that
Thomas Milburn and Joseph Lee, be commissioners for expending the same : For im-
proving the road, and building a bridge, in the township of Cartwright, the sum of twelve
pounds ten shillings, and that Henry Ewing, esquire, be commissioner for expending the
same.
VIIL And be it further enacted by the authority aforesaid. That the sum of one thou-
sand five hundred and fifty pounds, hereby granted to the Home district, be appropriated
and expended as follows : For arching and filling up the hollow at the Blue hill, on Yonge
street, the sum of three htindred and fifty pounds, and that William Botsford Jarvis,
esquire, James Hogg, and Charles Thompson, all of the township of York, be commis-
sioners for expending the same : On the road leading from the Blue hill, on Yonge street,
to the town of York, the sum of seventy-five pounds, and that William Botsford Jarvis,
esquire, James Hogg, and Charles Thompson, be commissioners for expending the same :
On the road, commonly called Hurontario street, from the mountain in Caledon to lake
Ontario, (one third to be expended within ten miles of tbe said lake, and at least forty
pounds in Caledon,) the sum of one hundred and forty pounds, and that John Scott,
esquire, and James Campbell, of Chinguacousy, and John Lemon, esquire, and Archibald
MeNaught, of Caledon, be commissioners for expending the same : On the road leading
from Yonge street through the centre of Yaughan to the gore of Toronto, the sum of fifty
pounds, and that Michael Fisher, John Lind, and David Wilkie, all of Vaughan, be com-
missioners for expending the same : On the road lately laid out between Farr's mills and
lot number ten, in the sixth concession, east of the centre road, Chinguacousy, the sum
of thirty pounds, and that John Bagwell, esquire, of Chinguacousy, and Alexander
McVean and Thomas Burrell, of the gore of Toronto, be commissioners for expending
the same : On the travelled road leading from Dundas street, on the west bank of the
Credit, to Streetville, the sum of thirty pounds, and that Timothy Street, Israel Ransom,
and John Butchart, be commissioners for expending the same : On the road from the
eighth concession of Markham, to the Danforth road, the sum of fifty pounds, and that
Abraham Reeser, Peter Milne, esquire, Peter Brooks, and William Armstrong, all of
Markham, be comnaissioners fof expending the same : On Yonge street, between Bond's
lake and McAdams' tavern, the sum of fifty pounds, and that John Hartman and James
Pearson, of Whitchurch, and Thomas Mc Adams, of Vaughan, be commissioners to expend
the same : To erect a bridge across the Highland creek, and improve the road commonly
called the Kenedy road, in Markham and Scarborough, a distance of eight miles, thirty-
five pounds, and that Thooaas Whitesides, Samuel Kenedy, and Thomas Kenedy, be
commissioners for expending the same : In aid of the crossway in North Guillimbury,
between the second and third concessions, the sum of fifteen pounds, and . that Silas
Fletcher and Henry Rose, junior, of Guillimbury, be commissioners for expending the
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C. 14«— Ejlstbvth Ymam or Gaonaa IV«— 1830. [Saoo9» Smm,
For eroflswaying a swamp in the road leading ironi Teounseth throngb Emi, tke
atun of Beventj-five pounds, and that John Perry and Oeoi^ Dunwoedy) of Eisa^ Ik
commissioners for expending the samei On the road leading from Yonge street, on die
county line, or near it, between West OuilUnd>i]ry and King, to Tecamseth, the snin c(
sixty-two pounds, and that James Rogers and Thomas Clark, both ot King, and Jesse
Lloyd, of Tecumseth, be commissioners for expending the same : In aid of the road aad
bridge leading across the west branch of the Holland river, to the honorable Ptto
Robinson's mills, the smn of sixty-three pounds, and that Joseph Hodgeson, Willie
Armson, and Hugh Stodders, all of West Guillimbury, be commissioners for expeadiif
the same : In aid of the road between Thora and Maiidiam, leading througli Brock ud
Uxbridge, the sum of fifteen pounds, and that Randal Wixon, of Brock, and Aitluyii
McMUlanof Thora, be commissioners for expending the same: For improving the Fork
and Kingston road, from the Don bridge to the county line, at the lower end of Wki%,
and repairing the bridges and crossways thereon, and for reducing the hill at the rhtf
Rouge, on the said roflud, (to be laid out as judiciously as possible, on the worst plaeesa
the above road,^ the sum of four hundred and thirty pounds, and that John Wanco.
esquire, of Whitby, Francis Leys, esquire, of Pickering, Obadiah Woodruff of Duffiii's
creek, William Weller, stage owner, York, and Peter Secor, of Scarborough, be ooBum-
sioners for expending the same : To improve the road now travelled through ptrto/fVest
GuiUimbury, and through Innisfil to Kempenfelt bay, thirty pounds, and that Tboous
McKonky, of Innisfil, and Thomas Balderson, of Yespra, be commissioners foreipen^
the same : To improve the road through Whitby to Eldon, fifty pounds, and thatHeoij
Ewing, of Eldon, and John Hill, of Whitby, be commissioners for expending the suae.
Appropriation, tnd ap- IX. And be it further enacted by the authority aforesaid, That the sum erf one thoustod
ro!!en for Uie^disu/et ^^^ hundred pounds, hereby granted to the district of Gore, be appropriated and expe&U
ofGon. as follows : On the government road from the village of Dundas to the town fine, a
(8e« itt wa IV Burford, the sum of three* hundred and fifty pounds, and that John Binkley, Peter B«-
io.*)* * • » « berger, and Harchner Lyons, be commissioners for expending the same : For cuttii|
through the top of the mountain, and reducing the hUl near John McCoUum's, in Nelsoi,
the sum of ten pounds, and that George Will be commissioner for expending the sane:
On the post road from Dundas street, in Nelson, to Freeman's, the sum of thirtj poauli,
and that Joshua Freeman, John McCoUum, and David Ghaut, be conunissionere ibr
expending the same : For the purpose of underpinning the bridge at the Twelve-Mile
creek, on Dundas street, with stone, the sum of fifty pounds, and that Gilbert Basted^
Joseph Burnie, and Robert Best, be commissioners for expending the same : On the rm
from Moses McKay's to the back part of Erramosa, one hundred and seventy-five pounds,
and that Thomas Armstrong, Joseph Harris, and Moses McKay, be oommiflsioners /or
expending the same : On the road east of the widow Mun's, leading through Esqaesiog
and Trafalgar, to Erin, the sum of seventy-five pounds, and that John Kinry, PeterKennj,
and Philander Hopkins, be commissioners for expending the same : On the hill at Bur-
lington bridge, leading into Hamilton, the sum of ten pounds, and that William Apptegyu
and Gabriel Hopkins, be commissioners for expending the same : For a bridge at ite
mouth of the Twelve-Mile creek, on the lake road, the sum of twenty-five pounds, aw
that Philip Sovereign, esquire, and Jacob Triller, be commissioners for expending t«
same : For cutting and bridging, in a straight line, the Sixteen-Mile hill, on Dundas street,
in Trafalgar, the sum of five hundred pounds, and that colonel P. Adamson, of Torontoj
in the Home district^ Charles Teetsil, of Trafalgar, Samson Howell, Charles Bloars,***
Lawrence Hagar, be commissioners for expending the same : On the road ieadin; iivb
Thomas Cheat's, in Glanford, Gore district, to Crawford^s, on the Grand river, inw
district of Niagara, and from thence in a diagonal direction to strike the towttshipJu|^
between Woodhouse and Townsend, in the London district, the sum of one huwrcfl
pounds, and that Thomas Cheat, David Reams, and Samuel Rjckman, be .''^®""'^^
for expending the same: On the road leading from William Davis' inn, *".^.*'*^^
Daniel Crosswait's, in Barton, the sum of one hundred pounds, and that Willia* D*^
Daniel Crosswait, and Lewis Horning, be commissioners for expending the aatte-
the new, or lower bridge, across the marsh at Buriington heights, to the ^-i
Halton, including the roads up the hills on each side, the sum of fifty-five pouiws,
that John Chisholra, William Applegarth, and Robert Land, be commissioners ^^^^^^^^^
ing the same : On the old bridge across the marsh from Burlington heights, in the toa^
of Wentworth, to Flamborough, in the county of Halton, the sum of forty-fii'« pou^ ^
• and that Richard Beaseley, esquire, Joseph Hopkins, and James Lefferty, be coin
. sioners for expending the same : On the road leading from Smith Griffin's, in the ^J*^
^ district, to the township line, between Saltfleet and Benbrook, in the Gore ^}^^^
sum of seventy-five pounds, and that John Secord, Elijah Secord, and V^xaei
esquire, be commissioners for expending the same.
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Q. 14 — i;iaBf?WT«.Y«4R V Gmomfm IVy— l^SO.
X. AmA be kfurther w»eto4 V ^ aoAorily ^fioaeaMd, Tbatt^ dUm^^f wethovaaod ^iDP'TJf!?' "^T
3oiwd9, hereby granted to tbf» distriet of Niagtra, be appct^iriated and eiqmided m SlSfti Nii^JS^
follows : On the read between John Decow'^ and the boundar j line of the district, passuig
ly John Clark's and Robert Comfort's on the moantain, the siun of aeventj-^ve pomute:
3n the road leading from Smith Griffin's, esquire^ to the Grand river, tbe sum of fifty
rounds : On the road between Snider's mills on the Twenty-Mile cieek and the rirar
kVelland, the sum of twenty-five pounds, and that John Def^ow, 8aiith Griffin, and Mm
Harris^ be commissioners for expending the same ; on the road between Geof^ge Laoey's
and the Welland river, the sum of twelve pounds ten shillings ; on the one next helew
the one last menticmed, and leadiog also to the river Welland, tbe sum of twelve pounds
ten shillings, and that George Lacey, Mathias Emerick, of Tborold, and Aothony Upper,
be commissioiiers for expending the same ; and on such road or roads as shall in their
judgment most require such aid, the further sum of twenty-five pounds : On the road
leading from the town of Niagara througjh the BUek swamp, as fiair up as the Twenty*
Mile creek exeknive, the sum of one hundred and fifty po^inds : and on the road frena
Qaeenston to the Ten-Mile creek, where it intersects the Swamp read from JNiacara, tbe
sum of fifty pounds, and that Lewis Clement, Thomas Buller, of Ni^ara, and Joaeph
Saiith, living near the Fifteen-Mile credc, be commissione» for expeadii^ the same ; Oa
the great Genborough road, between Anthony Upper% in ThoroM, and uie Grand river^
the sum of one hundred and fifty pounds : On tbe principal bigbways tfaroueh the town-
ships of Niagara and Grantham, the sum .of twenty-five pounds; and that Moses Brady,
Eber Rice, of Pelham, and John Glaus, of Niagara, be commissioners for expending the
same : On the road leading from Saint John's to Mort's, on or near tbe Twenty-Mile
creek, by way of Moses Brady's, tbe sum of twenty-£ve pounds, and that Moses Bradj
be a commissioner for expending the same : On the highways in the township of Stam-
ford, the sum of fifty pounds, and that Benjamin Corwine, David I^nch, and Geofige
Garaer, be commissioners for expending the same : For erecting a bridge over the Ch^
p^wa at Samuel Dill's landing, in the township of Willowby, fifty pounds, and that Crowdl
Willson, William Hepburn, and William Biggars, be commissioners for expending the
9 -ame ; provided the said commissioners shall be able to ruse, by subscription, such further
s*um as may be sufficient to erect and finish the said bridge in e substantial and workman-
I ike manner : On the highways in the township of Thorold, the sum of fifty pounds^ and
tJiat Hall Davis, Anthony Upper, and George Lacy, he commissioners for expending the
same : On the highways in the township of Pelham, the sum of fifty pounds, and that
Thaddeus Davis, John Street, and Samuel Becket, be commissioners for expending the
same : On the highways in the third riding of the county of Lincoln, tbe sum ox two
hundred pounds ; and that Jacob Gander, James Cummings, Charles Hill, Christian
Winters, and Christopher Boughner, be commissioners for expending the same.
XL And be it further enact^ by the authority aforesaid. That the sum of one thousand
one hundred pounds, hereby granted to the district of London, be appropriated and
expended as follows : On tbe northern boundary line road of Windham, the sum of
twenty-five pounds ; in the township of Middleton, twenty-five pounds ; in. the township &^ ^^ ^^ i^> «
of Windham, seventy-five pounds ; in the township of Townsend, forty-five pounds ; '
which three last mentioned sums are to be laid out on the respective townships on the
same route, that is to say ; the route from Talbot road easterly through Middleton and
the eleventh or the twelfth concessions of Windham, and along the eleventh concession
of Townsend, to its eastern boundary : On the township road between the townships of
Townsend and Woodhouse, the sum of fifty pounds : In laying out and making a road
through the township of Walpole, in the county of Haldinmnd, from the southeast angle
of Townsend, in a northeasterly course, as near as may be, directly towards Crawford's
house on tbe Grand river, the sum of one hundred pounds, to be expended so soon as the
said road shall be laid out according to. law, and approved by tbe commissioners next
mentioned : On the roads in Wakin^am, thirty pounds, and that Daniel M'Call, Ezekiel
Foster, and Jacob Potts, junior, be commissioners for expending tbe same : On the road
between Burford and Windham, in the county of Oxford, leading from Finlay Malcolm's
to Norwich, the sum of twenty-five pounds, and that William Lymbumer be commissioner
to expend the same : On Dundas street, from the eastern boundary line of Blenheim
westward, across lot number one, the sum of ten pounds, and that Elial Martin and
Thomas J. Homor be commissioners d^ expending the same ; and on Dundas street, from
the eastern limit of the township of London, to and including the town plot of Oxford,
the sum of three hundred and fifteen pounds, and that captain Robert Alway, Jacob Kam, ^
and John Hatch, be commissioners for expending the same : On the main road throu^
the Long Woods in the county of Middlesex, commencing at or near Dowling's tavern,
and terminating at or near the Eighteen-Mile creek, in the township of Mosa, the sum of
two hundred pounds : On the road commencing at Timothy KUbum's, in Delaware,
passing by Mr. Stevens', in the same township, crossing the river Thames at Woodall's
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bridve, passing by Crow's mills, and entering the Long Woods by tlie Oaradoe plains, the
sum of one hundred pounds, and that Hiram D. Loe and eaptain Marvel WWie be eom.
missioners for expending the same : On the Swamp road on lots thirteen, fourteen, and
part of fifteen, on the allowance for road left by the government, between the seventh
and eighth concessions, in the townsWp of Dunwich, the sum of one hundred pounds,
and that Thomas M'Call, of Dunwich, and George Munro, of Aldborongh, be eommis-
sioners for expending th^ aame.
XII. And be It further enacted by the authority aforesaid, That the sum of eleven
hundred pounds, hereby granted to the Western district, be appropriated and expended
as follows : On the road leading from the south side of the Canud river causeway to
Turkey creek, the sum of one hundred and twenty-five pounds, and that TbonuB Martin,
Theophili Le May, Gabriel Bondy, and Anthony Bezare, be comnussioDers f» expending
the same! From the river Ruscom to Paul le Due's inills, the sum of two hundred and
fifty pounds, and that Vitus St. Louis and Benjamin Le Valle, be commissioners €or ex-
pending the same : On the bridge between Mrs. Roe's and Ouelef s, the sum of twenty-five
pounds, and that Charles Ouelet and Francis Pratt be commissioners for expeadfai^ the
same : From the Irish settlement on Talbot street, west to the lake settlement, the sum
of one hundred pounds, and that Chrysostom Pajot and George Jacobs, esquire, be com-
missioners for expending the same : On Talbot street, in the township of Mersea, the
sum of fifty pounds, and that Michael Fox and Charles Stewart be commissioners for
expending the same : From the south side of the Canard causeway to the river Detroit,
the sum of twenty-five pounds, and that Theophili Le May and Alexis Lafirte be coti-
missioners to expend Uie same : On the road from Isaac Willcox's to the second fork of
the river Thames, the sum of two hundred pounds ; and on the bridges on the first and
second forks of the river Thames, the sum of one hundred and twenty-five pounds, and
that Daniel Dolson and George Jacobs, junior, and Monsieur Dauphin, be commissioners
for expending the same : On the bridge at the Chatham fork, the sum of forty pounds,
and that WiUiam M'Crae and Jacob Dolson be commissioners for expending the same :
On the road below Arnold's mill, leading from the river Thames to Talbot street, the sum
of fifty pounds, and that Christopher Arnold and James Bell, J. P., be commissiooers for
expending the same : On the western part of the township of Romney, (Trifaot street,)
the sum of fifty pounds, and that James Bell, J. P., and James W. Little be cdmminoner»
for expending the same : On the road on the north of the Thames, leading through the
Moravian Indians' reserve to the Moravian village, the sum of sixty pounds, and that
William Wallace and George. Kerl^y, esquire, be commissioners for expending the i
XIII. And be it further enacted by the authority aforesaid. That any monies to be laid
out and expended under the provisions of this act, shall be paid by the receiver general
to the treasurers of the several districts, in discharge of such warrant or warrants as shall
be issued for that purpose by the governor, lieutenant governor, or person administerii^
the government of this province, for the time being, and shall be accounted for to his
Majesty through the lords commissioners of his treasyry, in such manner and fonn as his
Majesty, his heirs or successors, shall be graciously pleased to direct.
XIY. And be it further enacted by the authority aforesaid, That the treasurers of the
several districts are hereby authorized and required to pay over to the respective com-
missioners named in this act, or a majority of them, the several sums by this act
a{qmpriated to be expended on that portion of the roads which such commissioners are
appointed to superintend : Provided always. That the said treasurers shall not be entitled
to any commission for receiving and paying the several sums of money mentioned in this act.
XV. And be it further enacted by the authority aforesaid. That all work to be done
under the authority of this act shall be performed by contract ; public notice . thereof
being first given three weeks in each county, or otherwise, as in the opinion of a majority
of the commissioners is most expedient.
XVI. And be it further enacted by the authority aforesaid, That the said commissioners
shall, on or before the first day of January next, transmit an account, in detail, of all the
monies expended by them under the authority of this act, to the governor, lieutenaot
governor, or person administering the government of this province, for the time being, to
be by him laid before the provincial legislature at its next session.
PraamUo.
Chapter XV.
An act to confirm the survey of a part of the concession line between the seventh and
eighth concessions of the toionship of ComwaU.
[PlusedHara1i6,18S0.]
Whxrsas it appears by the petition of sundry inhabitants of the ei^th concession,
reckoned on the eastern boundary line of the township of Cornwall, in the Eastern dis-
Digitized by VniJOVJ IC
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C. 16.— JBuTUTH Yjbar of Gbomjb IV.— 1830.
4H
tffiet, tbat tbe division line betwoen the said concession and the seventh conce»4on hath
not been eoirectlj ascertained in the original survey of the township, from lot numbeir
nineteen to the western limit ; and whereas it is expedient, in order to prevent disputes
respecting the said division line, that the same, as run by Duncan McDonell, esquire,
deputy surveyor, and exainined and reported on by Thomas T. Bower, esquire, also a
deputy surveyor, should be established by law; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^' An
act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in N<Mrth America, and to make further provision for the government of the
said province,' " and by the authority of the same, That from and after the passing of
this act the said line, so run and ascertained by the said Duncan McDonell and Thomas
T. Bower, deputy surveyors, shall be deemed and taken to be the true boundary
between the said seventh and eighth concessions, reckoned on the eastern boundary
line of the said township of Cornwall, any thing in any former act to the contrary not-
withstanding.
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PnuBble.
Chapter XVI.
An act to correct the survey of the fifth concessinn line of the toumehip of Yonge^
[PUMd March «,1SS0.]
Whbbeas it appears that an error was committed in numbering the posts planted at the
front angles of lot number thirteen, in the fifth concession of the township of Yonge, in
the district of Johnstown, by reason of which error the lots lying in the same concession,
to the westward of the said lot number thirteen, have been also erroneously numbered ;
and whereas one James McNish was, before the passing of a certain act of the parliament
of this province passed in the fifty •ninth year of the reign of his late Majesty King George
the Thiv^ entitl^, ^^ An act to repeal an ordinance of the province of Quebec, passed in
the twenty*fifth year of his Majesty's reign, entitled, ^ An ordinance concerning land
sorveyors and the admeasurement of lands,' and also to extend the provisions of an aet
passed in the thirty-eighth year of his Majesty's reign^ entitled, ^ An. act to ascertain a)[id
establish, on a permanent footing, the boundary lines of the different townships of this
province, and further to regulate the manner in which lands are hereafter to be surveyed,^"
located by the government of this province upon lot number nineteen, in the said fifth
concession, and assigned the same to one Henry Weeks, who erected buildings and made
considerable improvements, and was for many years resident upon the lot ; which, according
to actual admeasurement upon the ground, and according to the intention of the original
survey was the nineteenth lot in the said fifth concession, but which from the erroneous '
numbering of the posts, was marked uponr the ground as lot number eighteen ; and
whereas, after such settlement and improvement, made by the said Henry Weeks, one
Edward Murphy was located by the government upon lot number eighteen, in the said
fifth eonci^sion of Yonee, under which location tbe said Edward Murphy claimed to be
entitled to the lot which, by reason of the error aforesaid, was designated by the numbers
on the posts planted at the front angles thereof, as lot number eighteen, though it was in
fact the nineteenth lot in the said concession as aforesaid ; and whereas, in the prosecution
of such his claim, and relying upon the provision of the act above recited, which declares,
that the posts planted at the front angles of any lot shall be the true and unalterable boun-
daries thereof, the said Edward Murphy hath, by legal process, dispossessed the said Henry
Weeks of his said farm ; and whereas the operation of the said act is injurious, in thus
giving effect to a manifest error of the description heretofore recited, and thereby leading
to the dispossession of the said Henry Weeks, whose occupation was prior to the passing
of the said act ; and the said Henry Weeks hath, by petition, prayed that relief in the pre-
mises which it seems reasonable to grant ; and also, to prevent further inconvenience from
tbe application of the above recited act, to the confirmation of the erroneous numbering
of the lots in the said concession ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, '^ An act to repeal certain parts
of an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North Ame*
rica, and to make further provision for the government of the said province,' " and by the
authority of the same, That for and notwithstanding any law or statute to the contrary,
Digitized by
Google
99B
t;. Vr.-T^umBStrm Ybab w Gmmgb IV<r^l890.
fa
Mr. wamoei lumy fte sttiTey wMeh hadi been made hf flM autliority of the gotvmiMftl of diit province,
•■*''**'^' by Samuel Street Witmot, esquire, deputy provmeial sorreyor, in tbie mottA of FMrnuvy,
in die year of our Lord one thousand el|^t hundred and twenty-nine, for t&e {Mirpoae of
correcting the error in the nmnbering of the lota in the fifth concession of flie aaeid town-
aUp of Yonge, and for designating the said lots by their proper numbers, aoeording to the
number of lots actually contained in the said concession ; a map of which survey hath,
by the said Samuel Street Wihnot, been duly returned to the surveyor general's olSce in
this province, shall be deemed to be the correct and true survey of the said coneession,
and that the lots in such concession shall severally bear Ae numbers assigned in such
survey : Provided always, nevertheless. That nothing in diisact contained shall faaveAe
eflfect of prejudicing the tifle or possession of any person who, before the passing et this
act, may have setUed and made improvements upon any lot in the aakl eoneession,
according to the said erroneous numbering, before the same had been occupied by any
other person or persons.
ProTided that no per-
son ahall be prejudiced
iHio lied made im-
proTci
tothe
Beiitv*
(RqpMltng 4MiGeo.
,c8.)
PenoM killing, wolret
tobe entitled to aOa.
eneh, nponinodacinga
eertificnte from • mn-
nitrate, to be paid by
the treaaorer oi there-
apeetire diatricta.
Treaaorera to pay the
bounty on prodnetion
of eertificate, if they
Treaauen not to pay
bovntiea nntil eeitain
ezpenaea of the dia-
triet hare been defrays
ad.
Certifieatea to be a le-
gal tender inpayment
Chapter XTII.
An ad to repeal an act passed in the forty^inth year of his late Majesly^s reign^ enti-
tled^ ^^ An act to encourage the destroying of wolves in this promnce,^'* and to make
further protrision for eocterminating those destructive animab.
[Ftaacd March a, ISn.]
Whereas it is expedient to repeal the law now in force for the destroying of wolves
in this province, the same being found in many respects inelfectual ; and whereas it is
expedient to provide for the more speedy extermination of those ravenous animals, by
extending a bounty to the Indians who shall assist in exterminating them; be it therefore
enacted by the King's most excellent Majesty, by and vnth'the advice and consent of the
legidative council and assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ^ An act for making more effectual provision far the
Evemment of the jtt*ovince of Quebec, in North America, and to make further ^provision
' the government of the said province,' " and by the authority of the same. That an
act pasMd in the forty-ninth year of his late Majesty's reign, entitled, ** An act to encou-
faM the destroying of wolv^ in this province," be, and the same is, hereby repealed.
II. And be it fiirther enacted by the authority aforesaid, That from and after the passing
of this act, all and every person or persons whatsoever, who shaH kiU, or cauae to be
killed, any wolf or wolves in this province, and who shall take or cause to be taken, the
head or heads thereof, with the ears on the same, before any one of his Majesty^a justices
of the peace acting within the district in which the said wolf or wolves shall have been
killed, and shall make oath or otherwise prove to the satisfaction of the said justice, that
the said wolf or wolves was or were killed within the said district, or within five miles
of an actual settlement in the said district, ' the said justice having first destroyed the
head or heads, shall give to such person or persons a certificate of the fact or fiicts having
been proved to his satisfaction, and such certificate being presented to the treasurer of the
disttict, shall authorize the person or persons obtaining and presenting the same, to ask
for, demand; and receive of and from the said treasurer, the sum of one pound for the
head, or the heads, of every wolf or wolves so taken, killed, and presented.
in. And be it further enacted by the authority aforesaid. That when and so often as
any person or persons possessed of any such certificate as aforesaid shall present the
same to the treasurer of the district wherein such wolf or wolves shall have been destroyed,
he, the said treasurer, shall forthwith pay and satisfy the bounty to which such certificate
shall entitle the person or persons presenting the same, provided that the district funds in
his hands enable him so to do ; and if the district funds in his hands do not enable him
to satisfy the bounty forthwith, then, and in such case, the said treasurer shidl pay and
satisfy the same out of the monies of the said district which shall next there^er come
into his hands.
IV. Provided always, and be it further enacted by the authority aforesaid, That it shall
not be lawful for the treasurer of any district to pay and satisfy the said bounty, to which
such certificate shall entitle the person or persons presenting the same, until he shall have
paid the other annual expenses of the district, arisine from the building a court house and
gaol, and keeping the same in repair, the salary of the clerk of the peace and gaoler, the
maintenance of the prisoners, and wages to the members of the assembly, siny thing
herein contained to the contrary notwithstanding.
V. And be it further enacted by the authority aforesaid. That when and as often as
the funds of any district will not enable the treasurer of such district to pay and satisfy
Digitized by VrjiJOV IC
TSMXH PAWblAMVirr.]
C. 18, 19.— EuBYjB^TH YmAM OF Gjbdbqb IV.— 1830.
6SS
the bounty, to wfaiqh such cerUficate shall entitle the person or persons presentimr
the same, each and every certificate granted as aforesaid for having destroyed a wou
or wolves, shall be a lawful tender, to the full value and amount therein specified, for
and towards the discharge of any district rate or assessment to be collected of or from
any person or persons within the district wherein such wolf or wolves shall have been
destroyed, and shall accordingly, as such, be accepted and taken as equivalent to so much
of the current gold or silver coin of the province, by the collector of each and every
township within such district respectively, to be paid and delivered over to the district
treasurer, by whom the same shall in like manner be taken and accepted as a lawful
tender, and equivalent to so much of the aforesaid current coin of this province.
VI. And be it further enacted by the authority aforesaid, That this act shall be and
continue in force for and during the term of four years, and from thence to the end of the
then next ensuing session of parliament, and no longer.
of WfettmoBta in c«i^
Act to eontinao in toteh
four yean.
Chapter XVIII.
An act to pension Charlotte Pomeroy^ widow of the late Timothy Conklin Pomeroy,
iOnntMBg her a pention of £20 per aaBam, antil her yovngeet ebiM ■hall be sixteen years of age ; her husband having
been killed while u the execution of his doty as a constable J
Proambl^.
Chapter XIX.
An act to borrow a sum of money in England^ at a reduced rate of intei^est, to caned
the public debt of this province.
CPassed March 6, 1880.]
Whsreas it has been found necessary, for the adyancing certain public improvements
most essential to the prosperity of this province, to borrow several snms of money,
amounting together to upwards of ninety thousand pounds, sterling money of Great
Britain, which sums have been raised upon debentures issued under the authority of seve-
ral acts of the legislature, and bearing the rate of interest of six pounds per centum,
being the lawful interest of this province ; and whereas there is good reason to believe
that a loan may be effected in England, at a reduced rate of interest, for the repayment
of the monies so borrowed, on giving security by an aq^ of the legislature of this province
for the redemption of such loan, and the regular payment of the interest thereon ; and it
is most desirable to effect such loan, and to make provision for the same ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assembled
by virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, "An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the*
government of the said province,' " and by the authority of the same, That it sha!! and ReeeiTer
may be lawful for the governor, lieutenant governor, or person administering the govern-
ment of this province, for the time being, to direct, that from and out of the duties raised,
levied, and collected, or hereafter to be raised, levied, or collected, at the port of Quebec,
and payable to this province, for the public uses thereof, his Majesty's receiver general; princi'pSo.'
for the time being shall pay annually to the person or persons contracting for the said
loan, the sum of five thousand four hundred pounds, sterling, in yearly or half yearly
payments, which shall be applied and paid towards the payment of the interest upon
any loan which may be effected in England, for the use of this province, and for the
gradual liquidation of the principal thereof.
II. And be it further enacted by the authority aforesaid, That the said annual sum of
five thousand four hundred pounds, sterling, shall be paid by his Majesty's receiver genera!
of this province, for the time being, at such yearly or half yearly periods as may in that'
behalf be required by the persons contracting as aforesaid, and in discharge of such war-
rant or warrants as may for that purpose be issued by the governor, lieutenant governor,
or person administering the government of this province : Provided always. That it shall
not be lawful for the said receiver general to contract for any loan under the authority of
this act, subject to the payment of a higher rate of interest than four per cent, annually.
III. And be it further enacted by the authority aforesaid, That his Majesty's receiver
general of this province, for the time being, is fully authorized and empowered by this
act to contract for the said loan, either in one or in several sums, as may be requisite, and
to take such measures for effecting the same as may to him appear expedient ; aqd thai lill
ft7
eeiTer general to par
iuallyJg0,4OO foriii.
est to peteoBs coo-
tnctiog in Ehglaad for
a loan, and for the era*
dual Hquidatioo orthf
Uie
Warriffts to bo issoed
therefor.
Not more.tliaD four per
oeat interiai to Wb
giren on lueli loan.
His Majesty's receirer
Seneral to ccntract for
lie loan.
Digitized by
Google
im
Money borrowed to be
■nplicKl to th«9 liquida-
Uoa of the present debt
C* 20.— EMTWTit Y^Am oir Ommk It;— 1880.
JaftOSMi o!
£160 to be pdd tothe
receiyer general for hie
troable.
fttfeti contra<5t8 as dialf he m madfe within the terms and provtsioiis of tUa ai^ dttil be
deemed valid and Wfndfng upon the govcmmfent, and npon thi^tegislatni^eFttlb j^ttyrifiee.
IV. And be tt farther enacted by the authority aforesaid, That so soon a9 ailjr ftnin ^
snms shall be received by the recaiver general of this province, for the time hefaig, upon
any loan or loans negotfated tmder this act, snch sum or sums of money shaM be applied
towards ^ redeeming (he outstanding debentures of the government of tins province,
which may then be due to the holders thereof, and together With any premium that may
be received on exchatnge, shall be accounted for to his Majesty, his heirs and aueeeasora,
through the lords commissioners of his Majesty's treasury, in tittch manner and form as
his Majesty, hfs heirs and successors, shaH he graciously plettsed to direet : Provided
always. That the said sum of five thousand four hundred pounds, stseriiBg, sluA nc^ be
set apart, remitted, or paid, as aforesaid, until the said loan ^ail be eflfected asid avaiaUe
for the redemption of the said public debt of this province.
y. And be it further enacted by the authority aforesaid. That in lieu of all poundage,
there shall be paid to the receiver general, for negotiating the said loan, the sum of one
hundred and fifty pounds, over and above any actual expenses which he may incur in
carrying into effect the provisions of this act.
Cbapter XX.
An act to authorize the quarter sessions of the Home district to provide for the rdie/(^
insane destitute persons in that district,
[Paued BCtfvh^lSSOL]
Whereas it appears by the petition of the chairman of the quarter sessions in and for
the Home district, and also by presentment of the grand jury of the said district, that
several insane persons, destitute of any provision for their maintenance, have been chari-
tably received into the gaol of the Home district, and that there beii^ no funds for their
support provided by law, a charge has been incurred from necessity, and paid fiom the
funds of the district, without any legal authority for the same ; and whereas it ia just and
expedient to indemnify all persons concerned in such advance, and abo to provide a remedy
for the future, in such cases ; be it therefore enacted by the King^s most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the j»-ovince of Quebc^, in North America,
and to make further provision for the government of the said province,'" and by the
authority of the same. That at the next ensuing quarter sessions of the peace in the
Home district, it shall and may be lawful for the clerk of the peace, and he is hereby
required, to lay before the grand jury of the said quarter sessions, an account in detail of
all sum and sums of money advanced, or which shall be necessary to advance, until the
said sessions, for the purpose of maintaining and supporting insane destitute persons, as
aforesaid.
II. And be it further enacted by the authority aforesaid, That at the said quarier ses-
sions it shall and may be lawful for the said grand jury to make presentment to the said
court of the just and reasonable sum to be allowed for maintenance and support of such
insane persons, expended for the time before the said quarter sessions ; and also, to pre-
sent such sum or sums as they may think necessary for the purpose of maintainii^ and
supporting insane destitute persons in the said district, at the discretion of the grand
jury, either in the gaol or some other place, for the year next ensuing the said sessions;
which presentment shall be made once in each and every year, and the like account in
detail each and every year, exhibited for the monies expended in the past jrears respec-
tively, shall be laid before the grand jury as above provided to be done, at the now next
ensuing quarter sessions*
III. And be it further enacted by t{ie authority aforesaid. That it shall and may be
lawful for the chaiman of the quarter sessions, from time to time, to issue his warrant
for the payment of such sum or sums of money, to the amount so presented, which said
^ sum or sums of money shall be payable by the treasurer of the said district, for the time
ac&ted!^ hSSnJt^ ^^6^ ^^^ ^^ ^^^ mouics of the said district in his hands, and unappropriated ; and which
the treMorer. g^y accounts, SO laid before the said grand jury, from time to time, so far as the same are
approved of, and the said warrant, shall be a sufficient discharge and indemnity to all
:i persons concerned in the expenditure of such sum or sums of money.
IV . And be it further enacted by the authority aforesaid. That the said court of quarter
sessions shall from time to time, by writ of subpoena, call before them all such person or per-
Clerk of the peaee to
Uy before the gnad
jury of the seesioiu an
Moonnt of monejT ne-
eeseary for maintaiiiing
inauie persons.
Onnd jnry to
presentment of what ir
reasonable for the sup-
port of insane persons.
Sneh pi
be made annually.
to
Witnesses may he
snmmoned befofe the
gwnd jury.
Digitized by VrjiJOV IC
Tunm PjijmMi—wT.]
C. 21**^|.j^vwrs9. YmAM. or Qjvoiu»« IV.~1830.
m
i aatlMdl bfiveqiwed faj the grattd jury) nA ab«Ui»we«f sucbperacMi ^p^fBomin cy^
f^mrt^ U'w answer <o loake to 9U 9iicb <me«Uw or (mestioi» ^la aWl be mkedof tbam ^jr
the said graad jurj, touching and coQcernipg vpt«ane destitute persons in the said district,
and their maintenance and support ; and the said persqp or persons shall be examined on
the said oath before the said grand jurj» and all or any person or persons wilfully giving
false evidence under this act before the grand jury, at any such quarter sessions, shall be
liable to all the pains and penalties of wilful and corrupt perjuiy : Provided always. That
no greater sum Shall be advanced in the course of any year than shall be previously pre*
seated for that year, at the sessions, by the grand jury, as aforesaid.
V. And be it further enacted by the authority aforesaid. That this act shall continue in Continiwiceofthiitct.
force two years from the passing thereof, and from thence to the end of the next ensuing
session of parliament, and no longer.
Fwlae •wearing ■Ob-
jeetedto the penalties
of peiJQiy.
Chaptei- XXI.
An act for the reKef of the sufferere who sustained toss^during the late war with the
Umied StcUes of America.
(Patsed Mveh 6,1800.}
WHERBAsit is just and expedient that the pecuniary suffering of such of your Majesty^s
faithful subjects in this province, as sustained loss during the late war with the United
States of America, should, as far as the limited means at tne disposal of the legislature
will warrant, be partially relieved by the provincial parliament, without expressing any
belief that the inhabitants of this colony should, under the circumstances of the late war,
assume the remuneration of sufferers for losses sustained by the colonists in a national
war ; and whereas your Majesty having already paid the sum of fifty*seven thousand four
hundred and twelve pounds, and ten shillings, to those sufferers, and having required the
payment of an equal sum by this province, before any further payment would be autho-
rized by your Majesty ; be it enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, '^ An act to repeal certain parts of an act
passed in the fourteenth year of his Miyesty's reign, entitled, ^ An act for making more
effectual provision for the government of the province of Quebec, in Noiih America, and
to make further provision for the government of the said province,' '' and by the authority
of the same. That there be granted to his Majesty, out of the revenues arising from the
duties hereinafter mentioned, the sum of fifty-seven thousand four hundred and twelve
pounds, and ten shillings, towards the payment of the losses sustained by the sufferers
during the late war with the United States of America.
II. And be it further enacted by the authority aforesaid. That the revenues arising, or
which shall hereafter arise, from and out of the duties already levied and collected, or
hereafter to be levied and collected, upon salt and whiskey, imported from the United
States of America into this province, be wholly appropriated towards the liquidation of
the said sum of fifty-seven thousand four hundred and twelve pounds, and ten shillings,
and interest thereon : Provided always. That his Majesty's government shall pay an equal
sum for the relief of the said sufferers.
III. And be it further enacted by the authority aforesaid. That all monies which now
are jn the hands of the commissioners for forfeited estates, or may hereafter come into
their hands, shall be applied towards the payment of the principal and interest of the said
sum of money.
IV. And be it further enacted by the authority aforesaid. That no other revenues,
duties, or monies, of this province, than those hereinbefore mentioned, shall be used or
held applicable to the payment of the sum of money hereby gran),ed, or the interest
thereon, or any part thereof.
V. And be it further enacted by the authority aforesaid. That so much of the act
passed in the fourth year of his Majesty's reign, entitled, " An act further to regulate by
hw the commercial intercourse of the province of Upper Canada with the United States
of America," as imposes the duty of six pence per bushel on salt imported from the
United States of America, be, and the same is, hereby continued, and shall remain in
force until the sum of money hereby granted, and the interesrt thereon, shall be fully paid,
and no longer.
VI. And be it further enacted by the authority aforesaid, That the monies arising from
the duties hereby granted to his Majesty for the purposes of this act, shall be paid by the
receiver general of this province, in discharge ot such grarrant or warrants aa shall from
time to time be issued by the governor, lieutenant governor, or person administering the
Preamble.
jeff7.412 IOr. granted
to hia Majetty towardt
payment of loeaes toi-
tmned during the late
Dntioi arising firom the
•aHaad
:ey to be applied
ingi
kof
importation
to tKe payment fhVreof-
FMWdedhi«lIid«^t
govanment alUni pay
an eqnnl eom.
Bfoaiea in tliehaiidc of
the commiMionera of
forfoited eetatea qipli-
edto the payment of
No other rerennes than
thote mentiOMd ihaU
be applioabk to tha
«f th0 iaid
80 much of 4th Geo*
lY, e 1. aa imponei a
duty or 6d. a biuhel on
•alt imported from the
United States, eontinn-
ed.
Digitized by
Google
536
C. 22.—E%vttHTH YiAR or OttOROK ly.— 1880,
fSBooini SjEssioir^
Moiii«s to be aeeouit- government of this province, and shall be aecounted for to his Majesty, through the lords
rfwI*Ma?^tY*!rulM- commissioners of his Majesty's treasury, in such manner and form as bis Miyesty, his
gory. ^** ? " heirs and successors, shall be graciously pleased to direct.
Prwmble.
4267,412 Kb. steriing,
to be niMed by loan.
Until loan be paid, rer
ceirer fi;eoerai to pay
nctt amount of certain'
dntiet, in liquidation
thereof.
De^Mterea tAmgtd
mm dntiet on aali nad
wniskey.
Frniiahment forfoi^ng
debentaret, or know
mgly uttering tike
Chapter XXII.
4n act to authorize the receiver general of this province to raise by debenture^ on the
credit of certain duties therein mentioned^ a sum of money , for the relief of the suf-
ferers during the late tear tvith the United States.
*^ [Passed March 6, ISSD.]
Whereas provision has been made, during the present session of the legislature, to
raise the sum of fifty-seven thousand four hundred and twelve pounds, ten BhiQingB, to
relieve the inhabitants of this province, who sufiFered losses in consequence of tbe war
with the United States, provided that his Majesty's government shall pay an equal sum
for the relief of the sufferers ; and whereas the said sum, which was intended to be, and
is hereby declared to be, sterling money of Great Britain, has been made chargeaUe upon
the revenues arising from duties to be received in this province upon salt and whiskey,
imported from the United States of America, and it is therefore expedient to make sneh
provision as may enable his Majesty's receiver general for this province to contract with
his Majesty's government, or with any public company or body, either politic or corpo-
rafte, or with any private individual in England, or in either of the provinces of Upper or
Lower Canada, who may be willing to advance the said sum of money, or any part thereof,
upon the credit of the said duties ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
.^ct for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision lor the government of the said province,'"
and by the authority of the same. That from and after the passing of this act, it shall and
may be lawful for his Majesty's receiver general of this province to raise by loan the said
sum of fifty-seven thousand four hundred and twelve pounds, ten shillings, sterling money
of Great Britain, or any part thereof, from his Majesty's government, or from any public
company or body, either corporate or politic, or from any private individual in England,
or in either of the provinces of Upper or Lower Canada, who may be willing to advance
the same upon the credit of the debentures authorized to be issued under and by virtue
gf this act.
II. And be it further enacted by the authority aforesaid. That the mone}', so borrowed
under the authority of this act, shall not bear greater interest than five per centum per
annum ; and that his Majesty's receiver general shall annually, until.the loan so raised,
with the interest accruing thereof, shall be paid and discharged, apply towards the payment
of the same, the nett amount of the duties hereafter to be collected and levied upon the
articles hereinbefore mentioned, and no other.
III. And be it further enacted by the authority aforesaid, That all such debentures,
with the interest thereon, and all charges incidental to, or attending the same, shsU be,
and are hereby, charged and chargeable upon, and shall be repaid, and borne hj and out
qf the monies that shall come into the hands of the receiver general of this province, on
account of duties levied and received, or hereafter to be levied and received, upon salt
and whiskey imported into this province from the United States of America, and out of
no other duties or revenues whatever.
IV. And be it further enacted by the authority aforesaid, Tliat if any person or persons
shall forge or counterfeit any such debenture as aforesaid, which' shall be issued under
the authority of this act, and uncancelled, or any stamp, endorsement, or writing thereon
or therein, or tender in payment any such forged or counterfeited debenture, or any de-
benture with such counterfeit endorsement or writing thereon, or shall demand to have
such counterfeit debenture, or any debenture with such counterfeit endorsement or writing
thereupon or therein, exchanged for ready money, by any person or persons who shall be
obliged or required to exchange the same, or by any other person or persons whomsoever,
knowing the debentures so tendered in payment, or demanded to be exchanged, or the
endorsement or writing thereupon or therein, to be forged or counterfeited, and with
iptent to defraud his Majesty, his heirs and successors, or the person appointed to pay off
the same, or any of them, or any other person or persons, bodies politic or corporate, then
every such person or persons s(i offending, being thereof lawfully convicted, shall be
adjudged a felon, and shall suffer as in cases of clergyable felony.
Digitized by
Google
PABZXAJOBBrr.]
C. 2&.—Et.^muTm Ybx» ow Gbobsb IV— 1630.
test
V . And be it further enacted by the authority aforesaid, That the recover oeneral of
tbis province, for the time being, shall, before each session of the parliament of this pro-
vinee, transmit to the governor, lieutenant governor, or person administering the
government of this province, a correct account of the numbers, amount, and dates, of the
dififerent debentures which he may have issued under the authority of this act, of the
amount of debentures redeemed by him, and the interest paid thereon respectively ; and
also of the amount of the said debentures outstanding and unredeemed, at the periods
aforesaid, and of the expenses attending the issue of the same, and of carrying this act
into execution ; to be laid before the legislature of this province.
VI. And be it further enacted by the authority aforesaid, That the interest growing due
upon the said debentures shall and may be demandable in half yearly periods, computing
froro the date thereof, and shall and may be paid on demand by the receiver general of
this province, for the time being, who shall take care to have the same endorsed on each
debenture at the time of payment thereof, expressing the period up to which the said
interest shall have been paid, and shall take receipts for the same from the parties respec-
tively ; and that the governor, lieutenant governor, or person administering the government
of this province, shall, after the thirtieth day of June and thirty-first day of December in
each year, issue warrants to the receiver general, for the payment of the amount of interest
that shall have been advanced, according to the receipts to be by him taken as aforesaid :
Provided always, That such pajrments shall be made out of the said duties, to be levied
and collected from salt and whiskey imported from the United States, as aforesaid, and
out of no other duties or revenues whatever.
VIL And be it further enacted by the authority aforesaid. That a separate warrant shall
be made to the receiver general by the governor, lieutenant governor, or person adminis-
tering the government of this province, for the time being, for the payment of any
debenture, or of any portion of any debenture issued under this act, 'hccording as the
proceeds of the said duties shall in any year enable the said receiver general to redeem
the whole, or any part of such debenture, and that such debentures as shall from time to
time be discharged and paid ofif, shall be cancelled, and made void, by the said receiver
general : Provided always, nevertheless. That the debentures issued Under this act shall
not be made payable absolutely at any stated period, but shall be expressed in such form
as to asstire to the holders thereof the interest contracted to be paid thereon, in the man-
ner hereinbefore mentioned, and the repayment of the principal sum therein stated to be
due, whenever the proceeds of the aforesaid duties shall enable the government to
discharge the same.
VIII. And be it further enacted by the authority aforesaid. That whenever there shall
be funds for redeeming any of the said debentures, it shall and may be lawfiil for the
governor, lieutenant governor, or person administering the government of this province,
to direct, at any time, a notice to be inserted in the Upper Canada Gazettie, requiring the
holders of any of the said debentures to present the same for payment, according to this
act ; and if, after insertion of the said notice for six months, any debenture then payable
shall remain out more than six months from the first publication of such notice, all interest
on such debentures, after the expiration of the said six months, shall cease, and be no
further payable, in respect of the time which may elapse between the expiration of the
said six months, and their presentment for payment.
IX. And be it further enacted by the authority aforesaid. That all monies required to
be paid by the authority of this act shall be paid by the receiver general, in discharge of
such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for to his Majesty, by the receiver general of this province, through the lords coromis-
sioi\'<^TS of his treasury, for the time being, in such manner and form as his Majesty, his
heirs and successors, shall be graciously pleased to direct.
X. And be it further enacted by the authority aforesaid. That notwithstanding any
thing contained in any act pissed during this session of the legislature, respecting the
payment of the losses in this act mentioned, no interest shall accrue or be payable upon
the said sum of fifty-seven thousand four hundred and twelve pounds, ten shillings, ster-
ling, or any part thereof, as between the government and the persons entitled to share in
the payment of the said losses.
BeeeiTer nneral to
make uinaai retnn of
debeatnrei iMued. re-
dceoMdyOr ontstaMiiig.
Reeeirer nnend
payiotereil ond«
tore* half yearly.
PWridedttuit the da-
tiei on nk ead whit-
ke/ only shall be mf^
Key on
pbed.
SepanCe wananta to
be isaaed and paid ovt
of the Mid duties.
to be diaduurfed.
Debentmof wheiipay-
Notiee of oalliBg in do-
bentoret to be giTon,
when.
Interest to eease,wlieA.
Monies how to be is-
sued and accounted for.
No interest to be |iay-
able to ckimants of
moDey on account of
losses.
Digitized by
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|}. SB, U.^EMamtarm ¥a4A oe Ommn IV»~16ao.
[foPCNW ^VPfKiW)
FMunUe.
7th Geo. IT, c^ eoi
tiMed for four jmn.
OkAiiier XXIII.
Jtfi cwf fo pratrUle/br the pat/mera ofrmliHa penskmsy fty tBvMng oiNf ctfii>flwwihig,,/hr «
**' Krnited time^ the lauffar that pwrpose^ which has recent expired.
[Passed Bfipvdfe e, mO.l
Whereas an act passed in the seventh year of his Majesty's reign, entitled, " An act
to repeal part of, amend, and continue, the laws now in force for the payment of militia
pensions,'^ hath expired, and it is expedient to revive and continue the same ; be it
therefore enacted by the King^s most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in tfiepariEfimeot
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the fcarieeuA
year of his Majesty's reign, entitled, * An act for making more efrectual provifrfoti for tbe
! government of the province of Quebec, in North Amerka, and to make fbrdier proYision
or the government of the said province,* *' and by the authority of the saoie, Tliat Ike
said recited act shall be deemed and taken to have been in force from the AlrtieA day of
January now last past, and shall continue and be in force for four years from and aher
the passing of this act, and from thence to the end of the then next enstiing ^e&Am of
parliament, and no longer.
Premmble.
j^,000m«ybe nU«4
by loan fir ant of the
funds to be hud oat on
ttkt roads.
SceeiTer geneial to is-
sue debentures.
Debentwes ehaweable
upon the geaeral funds
of the province.
Chapter XXIV.
Ana£ito rai$e by loan m oertaim sum q/ moneyy to be expended 00k the public hightoaye
within this province.
[Passed Mareh 6; IBSO,]
WHftRKAs an act waa paased during the present seasion^ granting to hia M^^X ^
sum ef thirteen thousand six hundred and fifty pounds, to be expended ia imiiroving
the highways and bridges within this province, and there is reason te believe that
there witl not be sufficient means in the hands of the receiver general to meet the s^d
grant, and it is therefore expedient to raise by loan tfae sum of flight thousand pounds,
to enable the receiver general to discharge all such warrants as may issue under the autho*
rity of the said act ; be it enacted by tbe King's most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authcH'ity of an act passed
in the partiament of Great Britain, entided, ^^ An act to repeal certain parts ctf an act
passed in tbe fourteenth year of his Majesty's reigtt, entitled, *• An act for miJdng more
efCectud prevision for the government of tbe province of Quebec, in North AmeriGa, and
to make uirther provision for the government of the said province,' " and by the authority
of the same, That from and after the passing of this act, it shall BSkd may be lawful for
the governor, lieutenant goveiTior, or person administering the government <tf this pro-
vince, to authorize and direct his Majesty's receiver general of this province to raise by
loan, at a rate of interest not exceeding six pounds per centum, and as much lower as can
be obtained, from any person or persons, bodies corporate or politic, who may be willwg
to advance the same upon the credit of the government bilis or debentures, aotboHjred
to be issued as hereinafter mentioned, such som not exceeding in tbe whole eight thousand
pounds, as, together with the monii^ now in his hands, and unappropriated, shall be ne-
cessary to complete the said sum of thirteen tfaoiwand six hundred and fifty pounds.
II. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the receiver general, for the time being, to cause or direct any number of
debentures to be made out for such sum or sums of money> not exceeding in the wh<dc
the said sum of eight thousand pounds, as any person or persons, bodies corporate
or poHtie, shall agree to advance on the credit of the debentures, which debentures
shall be prepared and made out in such method and forsoi as his Majesty's receiver n^neral
shaU think most safe and convenient, and shall be signed by him ; and that for eadb loan
or advance three several debentures shall issue at the same time, bearing date on tbe day
on which the same shall be actually issued, and being each £or the payment of one third
of the sum so advanced at the expiration of periods not shorter than two, four, and
six years, respectively, with interest, according to the rate at which such loan shall
be negotiated, from the date of such debenture until the same shall be dischai^d.
III. And be it further enacted by the authority aforesaid. That all such debentures, with
the interest thereon, and all charges incident to, or attending the same, shall be, and are
hereby charged and chargeable upon, and shall be repaid and borne out of the monies
that shall come into the hands of the receiver general, to and for the public uses of this
province, and at the disposal of the legislature thereof. ^^ j
Digitized by vnOOQ IC
Tttmi pAflBUMtarr.]
C 2ij^^W^fB.^BuBirt;Nrm Yb4e or ^hedltOK IV.— 1830.
I V« And be it further maded hj the authoritj aforesaid. That the loan authoiided faj
(tna act shall be eoolraeted for upon the ^fcpress tcondkion, that at anj ttsie either before
or after Oe aatd debentis^ft» or any of them, which «re hj this aet directed to be iwued^
shall beoone due, according to the terms thereof^ it shall and may be lawful for the
^veroor, lieutesiant governor^ or person administering the govemment of this province,
if he shaftl think proper so to do, to direct a notice to be inserted in the Upper Canada
Gaxetle, requiring all holders of the said debentures to present the same for payment ;
and i{y after insertion of the said notice for three months, any debenture shall remain out
more than six months from the firA publication of such notice, all interest on such deben«
tares, after the eiqiiration of the said six months, shall cease, and be no further payaUe^
in respect to the time which may elapse between the expiration of thi said s\k months and
their presentment for payment.
V. And be ft further enacted by the authority aforesaid, That all and every ihe
proTisions contained in a ceHain act of the f>arliam6nt of this province fMssed in the
seventh year of his Majesty's reign, entitled, ^^ An act to authorize the governmeot to
bomyw a certmn snm bf money, vpon debenture, to be loaned to the WcUand canal com-
pany," respectiBg the debentures authorized by the said act .paseine current wiHh certain
public aceoontanU ; the payment of interest upon the same, by such accountants, and the
suspension of interest in certain cases ; the submitting to the legislature accounts of sodi
debentams,^ and the interest paid thereon, and the expenses attending the 'same ; the
payment of interest to holders of such debentures ; paying off and cancelling the said de*
bentures ; and also, the provision made in the -seventh sectiein of the said aet,for pttniAlag
the forging of any debenture thereby authorised to be issued, or of any matter or thing
relating thereto, or the knowin^y uttering any such forged debenture, nr otfier matter, as
aforesaid, riiall apply to, and be in force in respect to, the debentures which shaH betasned
aecoffdiog to this act.
VJ. And be it further enacted by the authority aforesaid, That the sum of money herein
authorized to be raised by loan shall not be subject to any deduction of poundage for the
receiver general of this province.
DebentnrM mfty be
ealled ui, npon public
ootieebeiaggiren.
PlroTuioiu eoBtaiaad
in 7Ui Gm. IV, e M,
reapeeting debantorw
thereby antborised to
be Ufiied, lo be nsptt-
eable to Sebeotiuree
inned under the on-
thority of thifl act.
fteeeirer general not
to be entitled to ponnd-
HP-
Chapter XXV.
An aci io cover the paymetUe by his excellency the lieutenant governor j of certain con-
tingent expenses qfthe legislature.
[Gnrntiag jS8,<)B8 6«. 8|d. to meet the like amount advanced for the payment of the eontin||;ent e:gienaet of the legieU*
tuie, during the seseion 1829; and jClOOO towards the contingent expenses of the present session, 1^00.]
Chapter XXVI.
An act to make good certain monies advanced by his excellency the lieutenant governor ^
to erect the Don and Humber bridges.
[GrantiB|g i>l,18S 9s. fid. to make good the like sum adraneed by his excellency the lieutenant governor, towards the
I ofthe X>on and Humber bridges.]
Chapter XXVII.
An act to reimburse the honorable John Henry Dimn, for monies advanced by him to
the commissioners for the Burlington bay canal
[Granting £S&^ 17s. to make good the like sum advanced to remove obstructions in the Burlington bay oanal.]
^
Chapter XXVIIl.
An act to provide for the erection of a house for the light keeper^ and for keeping and (See lOth Geo. iv, e
maintaining the light house on Long pointy in lake EriSjfor the present ^ear.
[Passed Maieh 6, 1880.]
Whereas the light house on Long point is now nearly, and will shortly be, completed,
by means of the appropriation made by law in the last session, and it is now expedient to
grant a further sum of money for the purpose of erectine a dwelling house for the light
house keeper, building a boat, and furnishing a supply of oil for the next summer ; miy
it therefore please your Majesty that it be enacted, and be it enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
Digitized by ^
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94/b
C. *» EI.BTSNTH YbAR Of GW>RQ« IV.— 1830.
[Saxxmo Swbbion,
£4M gnated to his
Mi^Mty, for th« eroc-
tioB ofa dwoUlng hoiue
OB Long point.
Bow MoovBtod for.
ComiiiiMioBen to make
«muig«ineiit« for koep-
in^ a light on Long
point during the cor*
rent year.
Commieaionere to ren-
der an account of all
moniei expended*
atfsemUj of the province of Upper Canada, constitated and aaaembled by virtue of and
mider the authoritj of an act passed in the parliament of Great Britain, entitled," An act
to repeal certain parts of an act passed in the fourteenth jear of his Majesty's rdgn, enti-
tled, ^ An act for making more effectual provision for the government of the provfaice of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authoritj of the same. That from and out of tihe rates and duties now-
raised, levied, and collected, or hereafter to be raised, levied, and collected, and remain-
ing in the hands of the receiver general of this province, unappropriated, there be granted
to your Majesty the sum of four hundred pounds; which sum of four hundred pounds
shall be applied in erecting such dwelling house, and providing such boat and supply of
oil as aforesaid, and shall be paid by the receiver general of this province to the commis-
sioners appointed by the act of the legislature of this provinoe, for superintending the
erection of the said light house, or to any of them, in discharge of such warrant or warrants
as may be issued for that purpose by the governor, lieutenant governor, or person admi-
nistering the government of this province.
II. And be it further enacted by the authority aforesaid, That the monies granted by
this act shall be accounted for to the lords commissioners of his Majesty's treasury^ in sudi
manner and form as his Majesty, his heirs and successors, shall be graciously pleased to
direct.
III. And be it further enacted by the authority aforesaid, That the said commissioners
are hereby empowered and authorized to make all proper arrangements for maintaining
and keeping the said light during the wesent year.
IV. And be it further enacted by the authority aforesaid, That the said commissioners
shall render a detailed account of all monies expended under this act, to be by them
transmitted, on or before the first day of January next, to the governor, lieutenant gover-
nor, or person administering the government of this province, to be laid before the legislature
at their next session.
Preamble.
Treasurer mayhorrow
jSS,fiOO for the building
agikol and court houae.
£000 to be ^ipUed an-
Buallj in liquidation of
the eaid debt
Guy C. Wood, esq.
appointed a commit-
■toner, vice Pringie, re-
•ignedL
(See 8th Geo. IV, e 16,
and 1st Wil. IV, c 6.)
Chapter XXIX.
An act to authorize the magistrates of the Eastern district to borroto a cerfom sum of
money J for the building ofa gaol and court house therein.
[Passed March 6, ISSO.]
Whkreas it is expedient to enable the magistrates of the Eastern district to borrow a
certain sum of monej, on the credit of the funds of the said district, for the building of a
gaol and court house at Cornwall, in and for the said district ; be it therefore enacted bj
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same, That it shall and may be
lawful for the justices of the peace in and for the said district, in general quarter sessions
assembled, by an order of court, to authorize and direct the treasurer of the said district
to raise by loan, from such person or persons, bodies politic or corporate, who may be
willing to lend the same on the credit of the district, a sum not exceeding three thousand
five hundred pounds, to be applied by the commissioners appointed by law for the building
of a gaol and court house at Cornwall, in the said district.
II. And be it further enacted by the authority aforesaid, That the money so borrowed
under the authority of this act shall not bear greater interest than six per centum per
annum, and that the treasurer of the said district, for the time being, shall annually, until
the loan so raised, with the interest accruing thereon, shall be paid and discharged, apply
towards the payment of the same, a sum not less than five hundred pounds, from and out
of the rates and assessments which may come into his hands, for the general purposes of
the said district, together with all such monies as may remain in his hands after the pay-
ment of the ordinary and incidental charges of the year.
III. And whereas James Pringle, esquire, one of the commissioners heretofore appointed
to superintend the building of the said gaol and court house, is desirous of being relieved
from the duties imposed upon him as such commissioner ; be it therefore further enacted
by the authority aforesaid, That Guy C. Wood, of Cornwall aforesaid, esquire, shall be a
commissioner in the room and stead of the said James Pringle, esquire, for the purpose
of superintending the building of the said gaol and court house. -
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TKNTIt pAHllitAMfiKT.] C, SO, 31. ELETfiNTR YeaB Ot GeORGB IV. 1830.
541
Chapter 3l:XX«
An act to grant a sum of money towards opening a road from the rivir Aux Perches ^ on
lake Huronj in the Western district^ to Townsendy in the London district.
[PmhA March 6, 1880.]
Most qbjlciovs Sotsbsion :
Whereas it is expedient to grant a sum of money towards opening a road from the river
Aux Perches, on lake Huron, in the Western district, to the location of a settler of the
name of Townsend, in the London district ; we, your dutiful and loyal subjects, the com*
mons of Upper Canada, beseech your Majesty that it may be enacted, and be it enacted
by the King's most excellent Majesty, by and with the advice and consent of the legisla-
tive council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled,/' An act to repeal certain parts of an act passed- in the fourteenth year of hi^
Majesty's reign, entitled, ' An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That from and out
of the rates and duties raised, levied, and collected, and to be raised, levied, and collected,
to and for the public uses of this province, and in the hands of the receiver general, unap-
propriated, there be granted to bis Majesty, his heirs and successors, the sum of twenty-
five pounds, towards opening the aforesaid road ; and that Henry Jones, of Maxwell, on
lake Huron, be a commissioner to lay out the same.
IL And be it further enacted by the authority aforesaid. That the said sum of twenty-
five pounds shall be paid by the receiver general of this province, in discharge of such
warrant or warrants as shall for that purpose be issued by the governor, lieutenant governor,
or person administering the goverpment of this province, and shall be accounted for to^
his Majesty, his heirs and successors, through the lords commissioners of his Majesty's
treasury, for the time being, in such manner and form as his Majesty, his heirs and succes-
sors, shall be graciously pleased to direct.
HI. And be it further enacted by the authority aforesaid, That a detailed statement,
together with the vouchers for the expenditure of the said sum of money, shall be trans-
mitted to the governor, lieutenant governor, or person administering the government, to
be laid before the house of assembly at its next session.
PrMmble.
£26 gtmnted to his
Majesty towardi aped'
ing aroad, and Henry
Jones appointed com-
missioner for the cx-
penditnre thereof.
How accoMBted fori
Account and Toacfaera
to be laid before the
assembly.
Cliapter XXXI.
An act to grant a sum of money to his Majesty in aid of the York hospital
[Passed March 6, 1830.]
Most gracious Sovbreion :
Whereas his exqellency sir John Colborne, knight, Qommander of the most honorable
military order of the Bath, lieutenant governor of your Majesty's province of Upper Cana-
da, &c. &c. &c. has been pleased to put the building lately occupied by the provincial
legislature into useful and beneficial operation as a public hospital, wherein numbers of
your Majesty's sick, destitute, and unfortunate subjects, and emigrants, in this province,
have received medical and surgical assistance ; and your Majesty's faithful commons,
desirous of extending aid to the institution, beseech your Majesty that it may be enacted,
and be it enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and asseipbly of the province of Upper Canada, consti-
tuted and assembled by virtue of and unde*r the authority of an act passed in the parliament
of Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ' An act for making more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same, That from
and out of the rates and duties already raised, levied, and collected, and unappropriated, or
hereafter to be raised, levied, and collected, and unappropriated, there be granted to his
Majesty the sum of one hundred pounds, of lawful money ot this province, to be held by his
said excellency the lieutenant governor, or person administering the government of this pro-
vince, for the time being, in trust, to be applied to the use and benefit of the said hospital.
11. And be it further enacted by the authority aforesaid, That the money hereby granted
shall be paid by the receiver general, in discharge of such warrant or warri^nts as shall be
issued by the governor, lieutenant governor, or person administering the government, for
the time being, upon the receiver general of this province, in favor of any person or
persons, to be applied to the purposes of this act, and shall be accounted for to his Majesty
through the lords commissioners of his treasury, in such manner arid form as his Majesty,
(S6elstWil.IV,e24,
granting a fiAtlier tuttk
ofjBl,(»0.)
PreamUe.
£100 gnmied to b^t
Majesty fai aid of the
York hotpitai.-
IIow to be acconntecf
for.
bis heirs or successors, shall be graciously pleased to direct,
68
Digitized by
vjoogle
543
C. 32, 33.— Elkventu Ykaa of Gxorob IV.— ISaa
[Sjbcovj> Semion,
PMmUe.
£100 grantod to hu
Majesty in aid of tlie
funds of the Female
BeneTolent Society in
Kingston.
How to be accoiiated
for.
Chapter XXXII.
An act granting one hundred pounds in aid of the funds of the Female Benevolent Socieiy
of Kingston^
[Pawed WMTck e, 18M.I
Most gracious Sotereiqn:
Whereas a society was formed in the year of our Lord one thousand eight hundred and
twenty-one, at Kingston, in this province, called the Female Benevolent Society for the
relief of the destitute sick, and has been continued down to the present time, wholly sup-
ported by the contributions of benevolent individuals, whereby great numbers of your
Majesty's unfortunate subjects, who were, from various afflictions, reduced to want, and
rendei*ed by sickness unable to procure the means of subsistence, have been assisted and
relieved ; and whereas several of the inhabitants of the town of Kingston have petitioned
for a grant of such a sum of money as will enable the said society to continue its relief to
such unfortunate persons ; be it therefore enacted by the King's most excelle&t Ma-
jesty, by and with the advice and consent of the ledslative council and assemUy of
the province of Upper Canada, constituted and assembled by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, ^* An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitledi ^ An
act for making more effectual provision for the government of the province of Quebec, in
North America, and to make further provision for the government of the said province,' "
and by the authority of the same, That from and out of the rates and duties already
raised, levied, and collected, and unappropriated, or hereafter to be raised, levied, and
collected, and unappropriated, there be granted to your Majesty the sum of one hundred
pounds, in aid of the funds of the said society.
II. And be it further enacted by the authority aforesaid. That the money hereby granted
shall be paid by the receiver general, in discharge of such warrant or warrants as shall be
issued by the governor, lieutenant governor, or person administering the government of
this province, in favor of the treasurer of the said society ; and that the said receiver
general shall account to his Majesty for the same, through the commissioners of his
Majesty's treasury, for the time being, in such manner and form as his Majesty shall be
pleased to direct.
Preamble.
Six months* time allow-
ed to Samuel Theal to
traiTene an inqnisition.
Chapter XXXIII.
An act for the relief of Samuel Theal.
[PasMd Mareh 6, 18M.]
Whereas under the operation of an act of the parliament of this {RX)vince passed in the
fifty-eighth year of his late Majesty's reign, entitled, ^^ An act for vesting in commissioners
the estates of certain traitors," and also the estates of persons declared aliens, by an act
passed in the fifty-fourth year of his Majesty's reign, entitled, ** An act to declare certain
persons therein described, aliens, and to vest their estates in his Majesty, and for applying
the proceeds thereof towards compensating the losses which his Majesty's subjects have
sustained in ^consequence of the late war, and for ascertaining and satisfying the lawful
debts and claims thereupon," the estate, in one hundred acres of land, being lot number
eighteen, in the tenth concession of the township of Grantham, in the district of Nia^^ira,
originally granted to Greorge Teraey, of the said district of Niagara, deceased, and rince
sold by Greorge Terney, eldest son and heir at law of the said George Terney, deceased,
to Samuel Theal, of Grantham, in the said district of Niagara, claiming to be the legal pro-
prietor thereof, has been vested in the commissioners appointed under and by virtue of the
said act, and sold by them, as therein directed, as the property of one Thomas Lane, who
withdrew himself from this province during the late war with the United States ; amd
whereas the said Samuel Theal has by his petition set forth that the said lot never was in
the seizen of the said Thomas Lane, but that the same has been returned through mistake,
from its contiguity to the property of the said Thomas Lane ; be it therefore enacted by
the King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by virtue
of and under the authority of an act passed in the parliament of Great Britain, entitled,
" An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, * An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,' " and by the authority of the same, That it shall and may be lawful
for the said Samuel Theal, at any time within six months from the passing of this act, to
traveree all or'any inquisition of ofiice whereby the real estate in the said land has been
vested in his Majesty and the commissioners aforesaid, as forfeited. . luiuitr
TSNTH PaHLIABISNT.]
C. 34. — EuETENTH Year or Georob IV. — 1830.
543't
II. And be it further enacted by the authority aforeaaid, That if judgment shall be given
for the traverser^ upon his plea, it shall and may be lawful for the said commissioners,
upon a transcnpt of the said judgment, under the seal of the court, being filed with
them, to execute a deed of bargain and sale to the said claimant, of the aforesaid lot of
land in fee simple, which deed, being fully and duly registered in the register office of the
county within which the said lot of land is situate, within six months from the date thereof,
shall be good and valid in law, notwithstanding the former deed given by them, ai)d shall
vest the estate in the said land in the said claimant, any law, matter, or thing, to the con-
trary thereof, in any wise notwithstanding : Provided always, nevertheless, That nothing
in this act contained shall be construed to deprive any person or persons who, before the
passing of this act, may have purchased the said land, or any part thereof, from the pur-
chaser or purchasers thereof at the sale by order of the commissioners, or from any
assignee or assignees of such purchaser or purchasers, of his or their right to recover by
la^ the amount of purchase money which shall have been paid by him or them for the
same, to such purchaser or purchasers, or assignee or assignees, respectively.
III. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said commissioners, out the monies now in the hands of the special receiver,
appointed under and by virtue of the above recited act, to repay the purchaser or purcha-
sers of the said land at the sale thereof by order of the said commissioners, the monies
paid and advanced by them for the purchase of the said lands, or any part thereof, together
"With the interest thereon accrued and due, and that for this purpose the said commission-
ers shall and may issue their warrant or debenture on the said special receiver in favor
of the said purchaser or purchasers, which warrant or debenture, when paid, shall be a
sufficient discharge of the said special receiver.
IV. And be it further enacted by the authority aforesaid, That before any traverse to
the said inquisition shall be received or filed in the office of his Majesty's court of king's
bench, the said Samuel Theal, or his heirs, shall enter into a bond to his Majesty, |n the
penalty of fifty pounds, conditioned for the payment of all such costs as his Majesty may
be put unto in or about defending the said traverse, in» case judgment shall be given
thereon for his Majesty, his heirs or successors, or the said Samuel Theal shall fySH in
prosecuting the same with effect.
irjiid«MBlUi«id«r-
cd for th« trsTciMr,
cuteftdMd to him of
theludlBdiipiiU.
ly re-
pay die imrehMe mo-
sey, MMi intereet, %q
SMwityfiireoetetoU
gtwm ky the tnTtner.
Cbapter XXXIV.
An act to secure to Thomas Honwr a patent right in a new invented threshing machine.
[Paeeed Blareh 6, 1S80.]
Whereas the provisions of an act passed in the seventh year of his Majesty's reign,
entitled, ^^ An act to encourage the progress of useful arts within this province," are
confined to the sole inventors of any new and useful art, machine, manufacture, or corn-
position of matter, not known or used before the application, being subjects of his Majesty
and inhabitants of this province ; and whereas Thomas Hornor, of the township of Burford,
in the county of Oxfoitl, in the district of London, esquire, claims tp be a co-inventor -with
Elnathan Keys, a foreigner, of a new and improved machine for threshing grain by a horse
power, to the simplicity and usefulness of which invention the said Thomas Hornor has
added, and bestowed considerable expense, pains, and ingenuity, in bringing the said
invention to public notice, and therefore is entitled to protection in bringing such inven-
tion into general notice and useiiilness to the agriculturalist in this province ; be it therefore
enacted by the King's most excellent majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and assem-
bled by virtue of and under the authority of an act passed in the pariiament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled,**^ An act for making more effectual provision for the go-
vernment of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That the
said Thomas Hornor substantiating his claim as aforesaid, to be co-inventor of the said
improvement, he, the said Thomas Hornor, shall be entitled to a patent or patents, accord^
ing to the provisions of the said act, for the said invention, in the same manner as he
would or might be entitled, were he the original inventor of the said improvement.
Hornor may
entitle himMlf to a p^
toit Ibr a Mw^ went-
edm«eki»e.
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544
p. 35.— El^KTSNTH YkAR OF OxORGS IV.— }830.
[Saoom Sbmiow,
frpuaW^.
£125 sfwited to hii
Majesty ti» rem to
John Eutwood and
GQlin SJI^hmer, certain
dutiea on maehineiT'.
How to be aeeouated
for.
Chapter XXXV.
An act for the reli^ of John Eastwood and Colin Skin^i^.
(Paased March 6, 1880.]
JMOST GRACIOUS SoYSREIGN :
Whereas it is ever consistent with wise policy to afford due encouragement to arts and
manufactures; and whereas John Eastwood and Colin Skinner, paper mahufactarers, have,
by their petition to the legislature, set forth the necessity of introducing machinery from
the United States, in order to perfect their manufacturing establishment, and thereby enable
them to furnish paper of such quality, and at such prices, as will render it utmecessary
to have recourse to foreign countries for the supply of that necessary article ; be it there-
fore enacted by the King's most excellent Majesty, by and with the advice and eonsent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, * An act for making more effectual provision fortiie
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same, That fr<Mn
and out of the rates and duties already raised, levied, and collected, unappropriated, there
be granted to your Majesty, your heirs and successors, the sum of one hundred and
twenty-five pounds, which said sum shall be appropriated and applied as follows, that is
to say ; in repaying to John Eastwood and Colin Skinner, co-partners in trade, at the
Don mills, near York, the full amount of all customs duties which they have already paid
to collectors of the customs revenue within this province, on machinery, expre^ly
imported by them for the use of their paper mills from the United States of America,
since the first day of January, one thousand eight hundred and twenty-six ; and also the
amount of all customs duties which may be levied and charged on machinery, to be im«
ported by them for the use of their said paper mill, from the said States, for and during
the space of four years next after the passing of this act.
II. And be it fmther enacted by the authority aforesaid, That the money hereby granted
shall be paid by the receiver general of this province to the said John Eastwood and
Colin Skinner, co- partners in trade, on their producing to the governor, lieutenant governor,
or person administering the government oi this province, in council, from time to time,
satisfactory proofs that they have paid said duties according to the intent and meaning of
this act, in discharge of such warrant or warrants as may or shall for that purpose be issued
by the governor, lieutenant governor, or person administering the government of this
province, and be accounted for as your Majesty, your heirs and successors, shall be
graciously pleased to direct ; and that an account thereof shall be submitted to tiie legis-
lature.
PrpMWWei
An Act,
^or the relief qf Daniel Erb^ and other personSy whoae names are therein menHoned.
[Tlie royal aaaent to this bHl was promulgated by proelamatum, on tilie 27th Oetobet, 189*]
Whsreas Daniel Erb, Jacob Wissler, Benjamin Eby, John Eby, Joseph Eby, Jaeob
Brubacker, Henry Brubacker, David Horst, Samuel Weaver, Christian Martin, Christian
Staufier, John Buckwalter, Jacob Eby, the younger, John Eby, junior, James Weaver,
Samuel Shirk, David Weaver, Christian Zhnmerman, Martin Oberholzter, and Francis
Weaver, have, by their petition, set forth that some of them, the said petitioners, many
years ago, intending to become settlers in this province, became purchaaers from the
grantees of the crown of large portions of land in the townships oC Waterloo and Wool-
wich ; that many of their friends at the same time bought tracts in the said townships ;
and having from time to time removed into Upper Canada, as they could dispose of their
property in the United States, have resided on and cultivated their lands in the said
townships ; that of the said petitioners who still reside in the United States, some pur-
chased from the original proprietors in Upper Canada many years ago, and others have
more recently acquired their titles by purchase, devise, or descent, from such purchasers;
that they have hitherto been prevented from removing into Upper Canada by their
inability to dispose of their property in the United States, and other causes, and are
desirous of having their titles to their lands in Upper Canada confirmed, in ctfder that
they may remove into the province and occupy them, so soon as it may be in their power,
or that they may sell them to their friends now there, or to such other persons, either in
the United States or in Canada, as may be legally capable of holding them ; that the
petitioners, as well as their friends in Canada, formerly supposed that they could l^ally
hold the lands so acquired, but understanding now that Anierican citizens are leaujred,
'9' F® y ^
Tvttm PAEiaAMSNT.] Elstehtb Ysar of Gbobob I v. — 1890. 545
like other foreigners, to be naturalized by express law ; therefore the said petitioners pray
that they may have a liberal and favorable .consideration given to their case, and that they
and their heir^may be aUowed to hold such lands in the province as they are at
present possessed of, and to convey them, if they shall prefer it, to such « persons as
may be capable by law of holding lands in Upper Canada ; and whereas it is expedient
to secure the petitioners in their title to their lands in this province ; be it therefore
enacted by the King^s QR>st excellent Majesty, by and with the advice and consent of the
l^islative council and assembly of the province of Upper Canada, constituted «id assem*
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year
of his Majesty's reign, entitled, ' An act for paking more effectual provision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That the ccHidB penou. ^*^^
titles of Daniel Erb, Jacob Wissler, Benjamin Eby, John Eby, Joseph Eby, Jacob Bru- {^**\J2f*"g*^ *•
backer, Heniy Brubaeker, David Horst, Samuel Weaver, Christian Martin, Christian '^ — ^- ""^
Staaffer, John Buckwalter, Jacob Eby, the younger, John Eby, junior, James Weaver,
Samuel Shiii:, David Weaver, Christian Zimmerman, Martin Oberholtzer, and Francis
Weaver, or any or either of them, or the heir or heirs of smj or either of them, respec-
tively, to any real estaie in this province, shall not be impeached or held invalid, or such
estate held liable to be resumed by bis Majesty, his heirs of successors, on account of his
or their being an alien or aliens ; but that all and crvry of them, the said Daniel Erb,
Jacob Wisslet, Benjamin Eby, John Eby, Joseph Eby, Jacob Brubaeker, Henry Brubaeker,
David Horst, Samuel Weaver, Christian Martin, Christian Stauffer, Jphn Buckwalter,
Jacob Eby, the younger, John Eby, junior, James Weaver, Samuel Shirk, David Weaver,
Christian Zimmerman, Martin Oberholtzer, and Francis Weaver, and the heirs of every
of them, shall be deemed, adjudged, and taken to be, so far as respects their capacity at
any time heretofore, to take, hold, possess, enjoy, claim, recover, convey, devise, impart^
or transmit, any real estate in the said townships of Waterloo and Woolwich, or any right,
title, privilege, or appurtenance thereto, or any interest therein, to have been natural
bom subjects of his Majesty to all intents, constructions, and purposes whMsoever^ as if
they, and every of them, had been born within this province.
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thirst Session of the eleventb ProTlncial Parliament.
MET AT TOSS, ON THE SEVEKTH DAT OP JANUARY, 1881, AND PROROOUED ON THE StXTEBBTH
DAT OF MARCH, IN THE FIRST TEAR OF THE REIGN OP WIIXIAM IV.
SIR JOHN COLBORNE, K. C. B., LIEUTENANT GOVERNOR.
Antto DomliU 1831«
Fomcr BMitiagw MB-
BbdMdoT .
tMtiiMmy «r
nndcncl ti
T»Ud
_ I bag been
gidly eoBtneted.
BfiabtMS
of ctfCain
riscd to
matrimony.
Cliapter I.
An actio make valid certain marriages hereto/are caniractedy and to provide/or the
future solemnization of matrimony in this province.
mie iml Mtoot to thii bill mui iignified, by meiMge of his ozcetteiiey the liontoJiaiit soremor, to the kgialatiTe eomcfl
and aasembly of this prorince, on the second d^ of Alansh, 1K31.]
Whereas doobts have arisen respecting the leeality of certain marriages heretofore
contracted and solemnized in this province ; and whereas the parties thereto, and their
issue, may be subject to disabilities, unless such marriages be confirmed hy law ; in order
therefore to afford relief to such persons, and establish the legitimacy of their issue ; be
it therefore enacted bj the King's most excellent Majesty, bj and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, *• An act for making more effectual provision for the
eovernment of the province of Quebec, in North America, and to make further provision
lor the government of the said province,' " and by the authority of the same, That the
marriage or marriages of all persons, not being under any canonical disqualification to con-
tract matrimony, that have been publicly contracted in this province before any justice of
the peace, magistrate, or commanding officer of a post, or before any minister or
clergyman, before the passing of this act, shall be, and are hereby confirmed, and shall be
considered good and valid in law ; and the parties to such marriages, and the issue thereof,
shall be entitled to all the rights, and subject to all the obligations, resulting from marriage
and consanguinity, any law, usage, or custom, to the contrary in any wise notwithstanding.
II. And to enable any person who may be desirous to preserve the evidence of their
marriage, and of the birth of their children, be it further enacted by the authority afore-
said, That it shall and may be lawful, at any time within six years after the passing of
this act, for any justice of the peace, at the request of either of the parties, to administer
the following oath, or affirmation, as the case may be, to the husband and wife, or either
of them:
^^ I, A. B., do solemnly swear, or affirm, [as the case may be,] that I did publicly
intermarry with C. D. at on the day of in the year of our Lord
and that there is now living issue of the said marriage, [as the case may be,] T.
B., born on the day of M. B., born on the day of and that such
marriage was solemnized by M. D., of the district of "
Which form of attestation shall be subscribed by the party making 'the same, and certified
under the hand and seal of the justice administering the said oath or affirmation, who
shall be entitled to receive therefor one shilling ; and it shall be the duty of the clerk of
the peace, upon payment of the sum of two shillings and six pence, to enter and record
such attestation, duly certified as aforesaid,S*n a register, or book, to be by him kept for
that purpose, and such register, or an attested copy thereof, shall be considered sufficient
evidence of such marriage and of the birth of the said children ; and the sdd clerk of
the peace b hereby required to give such copy duly certified to any person demanding
the same, upon payment of two shillings : Provided always. That nothing in this act
contained snail extend, or be construed to extend, to make valid ^any marriage illegally
solemnized, when the parties to such illegal marriage, or either of them, shall Jbave sub-
sequently contracted matrimony according to law.
JII. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for anv clergyman or minister of any church, society, conjeregation, or religious
community of persons, professing to be members of the church of Scotland, Lutherans,
Presbyterians, Congregationalists, Baptists, Independents,.^ Methodiste, MaQoiualp|jrun-
'El.WSVMKTa PAIU.IAMBNT.]
C. 1— FiBBT Ybab of WUJ.IAX IV.— 18S1.
AH
Certifieale to be ob-
tained from the quar-
ter Msaions bj Buiiia-
ten, before tbej eaa
matriBiony.
Baa&Btobep«ibliahe4»
or lieeue obtained, be-
foKthe
of any marriage.
iLers, or Moravians, who shall be authorized, in manner hereinafter mentioAed, to
solemnize the ceremony of marriage, within this province, between any two persons,
neither of whom is under any legal disqualification to contract matrimony.
IV. Provided, nevertheless, and be it further enacted by the authority aforesaid. That
no person shall be taken or deemed to be a clergyman or minister of such church, society,
<M>iigregation, or religious community, within the intent and meaning of this act, who shall
not have been reeularly ordained, constituted, or appointed, according to the rites and
form of such churcn, society, congregation, or religious community, of which he professes
to be a clergyman or minister ; and unless he shall be a subject of his Majesty, and shall
appear before the justices of the district in which he shall reside, in general quarter
sessions assembled ; and unless he shall produce proof of his ordination, constitution, or
appointment, as such minister, and shall then and there take the oath of allegiance to his
Majesty, which oath the said court shall then and there administer ; and thereupon, if it
shall appear to the majority of the justices then present that he has been regularly
ordained, constituted, or appointed as aforesaid, they are hereby authorized and required
to grant him a certificate, under the seal of the court, and signed by the chairman and the
clerk of the peace, for which the said clerk shall be entitled to receive the sum of five
shillings, certifying him to be a minister or clergyman of such church, society, congrega-
tion, or religious community, which certificate may be in the following form :
^* Be it remembered, that at the general quarter sessions of the peace, holden at
in and for district, on the day of in the year of our Lord before
A. B., and others, esquires, justices of our sovereign lord the King, assigned to keep the
peace in the said district, came C. D., of who professes to be a minister or clergy-
man of the church, society, congregation, or religious community, [as the case may be,]
it appeared to a majority of the justices that he, the said C. D., was duly ordained,
constituted, or appointed, [as the case may be,] a minister or clergyman of the said
church, society, congregation, or religious community. E. F., Chairman.
G. H., Clerk of the Peace."
V. Provided also, and be it further enacted by the authority aforesaid. That no such
minister or clergyman shall at any time celebrate the ceremony of marriage between any
two persons, as aiforesaid, unless such their intention of marriage shall have been declared
openly and in an audible voice in the church, chapel, meeting-house, or place of public
worship of such congregation or religious community, on three several Sundays, either in
some intermediate part of the service, or immediately before it began, or immediately
after it ended, together with the number of times the said declaration shall have respec-
tively been made, or unless such minister or clergyman shall have been duly authorized
by license, under the hand and seal of the governor, lieutenant governor, or person
administering the government of the province, to celebrate the said ceremony between
the two persons therein named.
VI. And be it further enacted by the authority aforesaid. That every minister, or
clergyman, or justice of the peace, who has been or shall be authorized to celebrate
marriage by virtue of this act, or any other act of this province, shall, if required at the
time, by either of the. parties married by such minister, clergyman, or justice of the peace,
give a certificate under his hand, of such marriage, specifying in such certificate the
names of the parties, the time, and the names of two or more persons who witnessed
such marriage, and whether such marriage has been solemnized by license, or by publi-
cation of banns, and also once in every twelve months return a certified list, under his
hand, of all marriages by him solemnized within the said term of twelve months, or since
his last preceding return, to the clerk of the peace in and for the district in which such
marriages shall have been respectively solemnized, specifying in such list the names of
the parties so by him married, the respective dates of such marriages, and the names of
two or ii^ore persons who witnessed each of said marriages, and whether such marriages
respectively shall have been solemnized by license or publication of banns, and such
minister, or clergyman, or justice of the peace, shall, at the time of returning a certified
list as aforesaid, pay to the said clerk of the peace the sum of two shillings and six pence ;
and it shall thereupon be the duty of the said clerk to record the said certified list in the
register, or book required by law to be kept by him x>( the registry of certified marriages
of members of the church of Scotland, Lutherans, Congregationalists, Baptists, Indepen-
dents, Methodists, Menonists, Tunkers, Presbyterians, or Moravians ; and such register,
or a certified copy thereof, shall be considered, in case of the death or absence of the
witnesses to any marriage, a sufficient evidence of the said marriages ; and the said clerk
of the peace is hereby required to give such copy of the registry of any of the said
marriages, duly certified, to any person demanding the same, upon the payment of two
shillings ; and if any such minister, or clergyman, or justice of the peace, shall refuse or
neglect to return such certified list, as aforesaid, he shall forfeit and pay the sum of forty. 3Sg^'!^ V i )i )(j1p
Certificate of iMiria|(e
to ba giTOn by the per-
tlie
Return of inaiTia|rea to
be made annvafly to
the elexk of the peaee.
Cleik of the peace to
record tveh retun,
which thall b« ori*
dence.
PenoDS Beglecting to
makeretnns tolbtfeit
<8aeSSdOM.III,e6;
Wth Gm. Ill, e 4;
•i*» »w. Ill, a 10;
aiiGM.nr,eii.)
C. J, «.-^iMT Ymm OF Wilctaii IV.— 18S1.
[rm^SlMmk,
pcAindtf, to^te re<k>ver^d by action of deb^ in his Mijesty'fl couit of king's ^enlsh, one
moMrf thereof to the u^ of the informer, who shall dne for the same, and die odier to
be paid to the receiver general of this province, to at&d fbr Che u^ of his Majesty, hb
bMrs and suoei^dsors, for the public uses of this proviitce, and the soppmi of the dni
gcy^^emmeni thereof^ to be aecounled for to his Majesty through" the lonis eommisrionere
of his itCajesty's' treasuiy for the time being, in such manner and form as his'Majesty
shiH dk^t.
PMcnMb.
dUkpffei* It.
An act (b prev'eifii a faSkare ofjusHce by reason of immaterial wariatieeB in eetta^i' taw
proceedings^ and to require all courts to taki^ judicial notice of private adSs of par-
liainmfU.
WmntlBAS great esip^tise is- often incurred, and delay or failure of justice takes place
at trials, by reasons of variances between writings produced in evidence, and the recital
or setting forth thereof upon the record on which the trial is had, in matters not material
to the merits of the case, and sUch record cannot now in any case be amended at the
trial, and in some cases cannot be amended at any time ; and whereas great additional ex-
pense is often incurred by reason of the necessity of pleading specidlj private acts of
parliament, which the several courts of justice cannot judicially notice unless they be so
pleaded or given in evidence ; be it therefore enacted by the King's most excellent Ma-
jesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certam
parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for*
making more effectual provision for the government of the province of Quebec, in North
America, and to make further provision for the government of the said province,' " and
by the authority of the same. That it shall and may be lawful for every court of record
holding plea in civil actions, any judge sitting at nisi prius, and any court of oyer and
terttiiiier and general gaol delivery, in this province, if such court or judge shall see fit
mAmm iuAA- 1" ^^ *** ^^> ^ csuso tho rocord on wliich any trial may be pending before any such court or
tibmoT judge in any civir action, or in any indictment or information for any misdemeanor, when
any variance! shall appear between any matter in writing, or in print, produced in evidence,
and the recital or setting forth thereof upon the record whereon the trial is pending, to be
forthwith amended in such particular by some officer of the court, on payment of such
costis^ (if any^ to the other party, as such court or judge shall think reasonable, and there-
upon the trial shall proceed as if no such variance had appeared ; and in case such trial
shall be had at nisi prius, the order for the amendment shall be endorsed on the postea,
arid returned' together with the record, and thereupon the papers, rolls, and other records
of the court from Which such record issued, shall be amended accordingly.
II. And be it further enacted by the authority aforesaid. That all acts of the wovincial
pariiament of this province, whether the same shall be deemed public or private acts,
shall equally be taken notice of judicially, by all courts, judges, justices, and other persons
whomsoever, without being specially pleaded ; and that a copy of any such act, printed
by proper authority in this province, shall be taken as sufficient evidence thereof, any
law to the contrary notwithstanding.
•ndided ui eiytf «.«,«.
uiiiB prMfteatioiM for
mifld«menan, at the
ditention of the cout
Cmntf required totdn
judieial notice of pri-
vate aete of periJameat.
Chapter IIF.
An act to enable married women more conveniently to alien and convey their real eHaity
and to repeal an act passed in the forty-third year of the reign of King George the
Thirdy entitled^ '^ An act to enable married women hamng real estate mare conve-
niently to alienate and convey the same^
[Passed March 16, 1831.]
Wher£as the laws now in force, enabling married women more conveniently to alien
their real estate, do not afford the facility required, and at the same time unnecessarily
expose purchasers to risk, from the chance of the married woman dying, or retracting her
consent after her execution of the conveyance, by means whereof such conveyances may
be defeated, to the great prejudice of innocent purchasers : be it therefore enacted by the
King's most excellent Alajesty, by and with the advice and consent of the lep;islative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament •of Great Britain,
entitled, *^ An act to repeal certain parts of an act passed in the fourteenth year of his Ma*
£XiiS3rit!lTM P^LiUUlAMSNT;]
C. 4.— First Y«ar of William IV.— 1831.
549
jesty*fi Te!^y etitillecl, * An act for tndking more efiectudi provision for the governtoent of
the provioee of Quob^c, in North America, and to make fuKher provision for the govern-
ment of the siiid province,' " and by the authority of the same, That from and after the
first day of August next after the passing of this act, it shall and may be lawful for any
tnarried woman, being above the f<ge of twenty-one years, residing within this province,
ajcid seized of read estate therein, to alien and convey such real estate by deed, to be
executed by her jointly with her husband, to such use and uses as to her and her husband
shall seem meet : Provided alwajs, nevertheless, That such deed shall not be valid, or
have any effect, unless such married woman shall execute the same in presence of one of
the judges of the court of king's bench in this province, or in the presence of a judge in
the district court, or of a judge of the surrogate court of the district in which such married
woman shall reside, or of two justices of the peace for such district, and unless such judge
or two justices of the peace (as the case may be) shall examine such married woman,
apart from her husband, respecting her free and voluntary consent to alien and depart
^with her estate, as mentioned in the deed, and shall on the day of the execution of such
deed, certify on the back of the deed in some form of words to the following effect :
'* That on the day mentioned in the certificate, such married woman did appear before
him or th6m, [as the case may be,] at the place to be named in the said certificate, and
being examined by him, or them, [as the case may be,] apart from her husband, did appear
to give her consent to depart with her estate in the deed mentioned, freely and yoluntarily,
and without any coercion, or fear of coercion, on the part of her husband, or of any
other person or persons whatsoever."
il. And be it further enacted by the authority aforesaid, That when the married woman
resides out of this province, the deed may be executed by her in the presence of a judge
of the court of king's bench, or of a judge of the district court, or of the siuTogate court,
or of two justices of the peace in and for any district of this province, whose certificate
shall be effectual for the purposes aforesaid : Provided always, That it shall not in any
case be necessary for any such judge or justices as aforesaid, to attest the execution of
any deed as a subscribing witness ; Provided always, That nothing in this act contained
shall be taken or construed to give to such deeds, so executed as aforesaid, so far as relates
to the married woman, or the interests of herself, or of those claiming under her, any
greater or other force or effect than the same would have had in case such married woman
had been sole at the time of executing the same.
III. And be it further enacted by the authority aforesaid. That in all cases in which a
married woman shall, before the passing of this act, have made any conveyance, which
would be valid in law, if such certificate had been obtained with the period of twelve
months, as was required by the laws then in force in this province, such certificate may
at any time, after the passing of this act, be obtained, notwithstanding the period of twelve
months may have expired, and the same shall have the like effect, and no other, as if
given within twelve months : Provided always, nevertheless, That nothing herein con-
tained shall affect, or be construed to affect, the right to lands of any person or persons
who may have obtained a deed according to law for any lands which may have been
previously conveyed by a married woman^ but not acknowledged before a judge, pursuant
to the laws of this province.
IV. And be it further enacted by the authority aforesaid, That the sum of five shillings
shall be paid for every such certificate, and no more*
V. And be it further enacted by the authority aforesaid, That a certain act of the par-
liament of this province passed in the forty-third year of the reign of his late Majesty,
King George the Third, entitled, " An act to enable married women having real estate
more conveniently to alien and convey the same," shall, from and after the said first day
of August next, be repealed, except as to any conveyances which have been or shall be
executed white iht same was in force.
Married Iromen resi-
ding in thin proviaee
may alien Uietr ml
estates by deed exec»>
ted jointly with theif
husbands ; prorided
sach deed be executed
in the presence of a
judge 01 kiii^*8 beneh,
or of the district or
surrogate courts, or of
tiro joitieea c^ th*
peace for the district
where such HMunad
women resid*.
fidth judge, 9qc. to ex-
amine such married
women, and front cer*
tificat^s of »eir con-
sent to depart with
their estates.
Form of tiertificatC'
When married women
live out of the province,
deed may be executed
before any such judM«
orjuflices foranyais-
triet.
Judge, k.c, not requir-
ed to attest the execu-
tion of any deed.
No greater tfHtci to b«
glTen any such deeda
Uian would- attach
thereto in case such
married woman had
been sole.
Where married wcmcn
hate heretofore eon-
yeycd their eatates, but
no certificate haDa b^eik
granted within twelTa
months, such certifi-
cate may neVertheleat
be now ^huited, not'
withstanding the
twelve months hare
expired.
Such certificate uM to
aifect sales made p»re-
Tious to the granting
thereof.
Five shillings to be
paid for certmcates.
43d Geo. Ill, c 5, re-
pealed.
Suchrepeal not to affect
conveyances executed
while the same was in
force.
(See 69th Geo. Ill, e
3, and 2d Geo. IV, c
14.>
Cliapter IV.
An act to establish a market^ and to establish wharfage feea^ in the town of Amherst"
burgh, in the Western district,
[Passed March 16, 1S31.]
Whsrsas it is expedient, for the convenience of the inhabitants of the Western district, Preamble,
that a market should be established at the town of xVmherstburgh, in the said district, and
that the times and placed for holding such market should be ascertained ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
le^slaiive council and assembly of the province of Upper Canada, constituted and assembled .
by virtue df and under the authority of an act passed in the parliament of Great Britaio,
Google
«B0
C. 6.— FiBOT Yjulsl op Wiixi^ IV.— 1831.
[Fian Su»iov,
Market to be establish-
ed in Amheritbargh.
MagMtnttet to make
reg^lationa relative
tlieittto.
Fines not ezeeediag
twenlir ahilUnn may
be imposed tor the
ittfnetion ofsuchrega-
lations.
Macket regulationn to
be pablished.
A public wharf may be
ereeted in front of the
market, and magis-
trates may make regu-
lations relative thereto;
and impose fines for
the infraction thereof.
Fines to be recovered
in a summary way be-
fore justices of the
peace, and applied to
the improvement of
the market.
entitled, ^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more effectual provision for the goremment
of the province of Quebec, in North America, and to make further jHrovision for the
government of the said province,'" and by the authority of the same, That from and
after the passing of this act, it shall and may be lawful for the commissioners of the peace
in the Western district, in their court of general quarter sessions assembled, and they
are hereby authorized and empowered, to establish upon lot number seven, on the west
side of Dalhousie street in the said town of Amherstburgh, which has been granted in
trust for that purpose, a market, where butcher's meat, butter, lard, eggs, poultry, fish, and
vegetables, shall be exposed to sale, and to appoint such days and hours for that purpose,
and to make such other orders and regulations relative thereto, as they shall deem expe*
dient.
tl. And be it further enacted by the authority aforesaid. That the said commissioners
shall be, and they are hereby authorized and empowered, to impose such fines, not ex-
ceeding twenty shillings, for every offence committed against such rules and regiilatioiis,
as to them in their discretion shall seem requisite and proper.
III. And be it further enacted by the authority aforesaid, That all such orders, rules,
and regulations, shall be published, by causing a copy of them to be affixed in the most
public place in every township in the said district, and at the door of the court house of
the said Western district, and that such orders, rules, and regulations, shall not be in
force until three weeks after such publication.
lY. And whereas the said lot number seven in Dalhousie street, in the said town of
Amherstburgh, extends to the channel of the river Detroit, and it may conduce to the
convenience of the inhabitants of the said district, if a wharf were erected upon that part
of the said lot which is covered with water ; be it therefore enacted by the authority
aforesaid, That so soon as a public wharf shall be erected on the said lot, it shaD and may
be lawful for the commissioners of the peace for the said district, or a majority of them,
in general quarter sessions assembled, to make such rules and regulations in regard to the
said wharf, and to impose such tolls and fees for the use of the same, as may to them
appear reasonable ; and to enforce compliance to the said rules and regulations, the said
commissioners are hereby empowered to impose such fines, not exceeding twenty shillings
for every offence committed contrary thereto. *
V. And be it further enacted by the authority aforesaid. That if any person shall
transgress the orders and regulations, so made by the said commissioners, such person, for
every such transgression, shall forfeit the sum which in every such order, rule, and regu-
lation, shall be specified, to be recovered by information before any two commissioners of
the peace, upon the oath of one credible witness, and to be levied by warrant, under the
hand and seal of such commissioners, upon the goods and chattels of such offender, and
be paid into the hands of the treasurer of the district, and subject to the disposal of the
magistrates, in general quarter sessions, at their meeting in the month of April in each
year, for the improvement of the said market, or of the said town of Amherstbui^h.
preamble.
Two additional com-
missioners appointed
to snperintiena the
ereetiott of a jsaol.
In ease «f death, refu-
aalto act, or removal
Chapter V.
An act to amend and extend the provisions of an act passed in the eighth year of its
late Majesty^s reignj entitled^ " An act to provide for the erection of a gaol and court
house in the Eastern districts
[Passed Mar«h 16, 1831.1
Waereas it is expedient to amend and extend the provisions of an act passed in the
eighth year of his late Majesty's reign, entitled, " An act to provide for the erection
of a gaol and court house in the Eastern district ;" be it therefore enacted by the
King's most excellent Majesty, by and with the advice and consent of the legislative
council and assembly of the province of Upper Canada, constituted and assembled by
virtue of and under the authority of an act passed in the parliament of Great Britain,
entitled, "^^ An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, * An act for making more effectual provision for the government
of the province of Quebec, in North America, and to make further provision for the govern-
ment of the said province,' " and by the authority of the same. That in addition to
the three persons appointed by law to superintend the erection of a gaol and court house
in the Eastern district, George S. Jarvis and Philip Vankoughnett, esquir^, shall be
commissioners for the like purpose, and that a majority of the said five commissioners
shall decide on all matters relating to the erection and completion of the said gaol and
court house.
II. And be it further enacted by the authority aforesaid. That in case any vacancy shall
•ccur from the death, or removal out of the district, of ^jlgjff^(j<g^>l{2!i\30'$F^"'''^
Bt^srsmrH Parliambnt.]
C. 6.— First Yjtar or William IV.— 1831.
551
sioners appointed by this or any other act, or bj the refusal of any one or more of them rrom tiM ^itrict, or
to act, then, and in such ease, the governor, lieutenant governor, or person administering ^J^S^ay Sup^',^
the government, on such vacancies being certified to him by the other commissioners, or TM«ncy.
a majority of them, is hereby authorized and required to fill up such vacancies. inrifuiO^'iviMo
Chapter VI.
An €ict to indemnify the magistrates of the Newcastle district j and to authorize them to
raise a loan^ on the credit of the funds of the said district^ to complete a building
erected at the village of Amherst^ as the gaol and court house of the said district.
[Passed March 16,1831.]
Whsrsas it appears that, from the state of the gaol and court house for the district of
Newcastle, it is expedient and necessary to provide a more sulBcient building for the
safety and comfort of prisoners, and for the accommodation of the courts of justice held
within the said district ; and whereas it appears by the petition of the magistrates and
inhabitants of the Newcastle district, that the magistrates thereof have contracted for the
erection of a gaol and court house at Amherst, in the township of Hamilton, in the said
district, but that the legal assessments will not enable them to discharge the amount for
which they have contracted with suitable promptness ; and whereas the magistrates of the
said district have expended a large sum of money of the funds of the said district, in part
payment of the said contract ; be it therefore enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,^ " and by the
authority of the same. That the building so contracted for as aforesaid shall, when com-
pleted, be deemed and taken to be the legal gaol of the said district ; and whereas the
money so applied as aforesaid in part payment of the said contract was not authorized by
law ; and whereas it is necessary and expedient to indemnify the said magistrates for the
expenditure of the same ; be it therefore further enacted by the authority aforesaid, That
the sum of money so expended as aforesaid shall be deemed and taken to be a legal ex-
penditure and application of the funds of the said district.
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the justices of the peace in and for the said district, in general quarter sessions assem-
bled, and they are hereby authorized and required to apply towards the expense of
erecting and completing the said building, as such gaol and court house, all such monies
arising from such rates and assessments as now are, or may come into the hands of the
treasurer of the said district, and applicable to the uses of the same, not required for the
ordinary and incidental expenses of the said district : Provided always. That nothing in
this act contained shall authorize the application of a greater sum than six thousand
pounds, including the sum already expended in the erecting and completing the said gaol
and court house.
III. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the justices of the peace in and for the said district, in general quarter sessions
assembled in April next, and they are hereby required, by an order of the said court, to
authorize and direct the treasurer of the said district to raise by loan, from such person
or persons, bodies politic or corporate, who may be willing to lend the same on the credit
of the funds of the district, a sum, not exceeding two thousand five hundred pounds, to
be applied in the building and completing the said gaol and court house.
IV. Provided always, and be it further enacted by the authority aforesaid. That the
money so borrowed under the authority of this act shall not bear a greater interest than
six per centum per annum, and that the treasurer of the said district for the time being,
shall annually, until the loan so raised, with the interest accruing thereon, shall be paid
and discharged, apply towards the payment of the same a sum not less than three hun-
dred pounds, from and out of the rates and assessments so coming into his hands for the
use of the district as aforesaid, together with all such monies as may remain in his hands
after the payment of the ordinary and incidental expenses of the year.
V. And be it further enacted by the authority aforesaid, That the treasurer of the
said district shall not receive any per centage for any sum or sums of money which may
be loaned under the authority of this act, and which may come into his hands, or for
paying out the same, in fulfilment of the contract aforesaid.
Preamble.
Gaol now building to
be deemed the legal
eaol of tbe district.
Magistrates of the dis-
trict indemnified for
the illegal expenditure
of the money hereto-
fore applied toward*
erecting a new gaol.
Funds of the dittrtet
may be applied towards
erecting toe new gaol,
not exceeding the sam
of £6,000.
Loan authorised, not
exceeding £2JS00*
Interest not to exceed
six per cent, and not
less than £300 per an-
num to be applied to-
wards the liquidation
of such loan.
Treasurer not to re-
ceive per centage on
money loaned.
(See42dGeo. III.C 2,
and46(hO«o.III,c^3
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m
C. 7.— Fi^»T Ykab or Wn.UAip IV.— 1891.
IFnipT
^tttmblU.
The county of Prince
Edward may by pro-
clamation be declared
ft eeparate diitilct, so
•oon m» 8 mol and court
koiue iluul be erected.
Not to affect the jari«-
4iction of any courts.
Oonrt boQjie to
erected in Picton .
be
Coiir|a eitablished in
the new district.
Laws relating to other
districts generally to
1>e equally applied to
the new district.
litws respecting gaols
and coart honses to be
applicable to the new
district.
Courts to be held in
the coBTt hoase hereby
fttthorized to be erects
ed. -
An aci to ered the c6ufdy of Prince Edward ixUo a separaie diOriek.
[TasMa Blareliie,1ttl.]
Whereas from the peculiar situation of the county of Prince Edward, in the Midland
district of this province, and from various other causes, it has become expedient to erect
the said county into a separate district ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of
the province of Upper Canada, constituted and assembfed by virtue of and under the
authority of an act passed in the parliament of Great Britain, entitled, '^ An act to repeal
certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An
act for making more effectual provision for the government of the province of Qoebec, in
North America, and to make further provision for the government of the said proviace^^ "
and by the authority of the same, That so soon as the governor, lieutenant governor, w
person administering the government of this province, for the time being, shall b^ satined
that a good and sufficient gaol and court house has been erected therein, for securing
prisoners, and for accommodating such courts as shall or may be held within the said
county, it shall and may be lawful to and for the governor, lieutenant governor, or person
administering the govoi nment of the said province, for the time being, by and w&h th^
advice of his Majesty's executive council in this province, to declare bj proelama-
tion the said county of Prince Edward a separate and distinct district, by sucfa name
as he shall think fit : Provided, nevertheless, That nothing in this act contained shall affect,
or be construed to affect, the jurisdiction of his Majesty's court of king's, bench in this
province, or to make it necessary or lawful to issue commissions of oyer apd tenniner and
general gaol delivery, and commissions of assize and nisi priu3 for the said district, or to
affect the jurisdiction of the courts of general quarter sessions of the peace, or district
court, within the said Midland district : Provided, nevertheless. That if at the time the
said county shall be set off into a separate district, any action shall have been comnoienced,
or be pending for any cause of action arising therein, or any indictment of any indictable
offence that has been committed within the said county, the said action or indictment shall
and may be tried at the next assizes, or other court in which the same may be pending,
to be held in and for the Midland district, unless all the parties concerned shall agree
that the same shall not be tried in said Midland district : Provided always, Tbai such
gaol and court house shall be erected in the village of Picton, upon a certain block of
land, containing two and a half acres, granted, or intended to be granted and conveyed to
Asa Worden, Simeon Washburn, and James Dougal, esquires, agreeably to a fesoluUon
adopted at a public meeting in May, one thousand eight hundred and twenty-six, convened
for the purpose of fixing the site of the said gaol and court house, unless a minority of
such justices of the peace of the Midland district, as shall be present on the second day
of the court of general quarter sessions for the Midland district in the month of July
next, shall by a resolution declare that such site is ineligible.
II. And be it further enacted by the authority aforesaid. That the courts of oyer and
terminer and general gaol delivery, of assize and nisi prius, the courts of general quarter
sessions of the peace, district court, surrogate court, court of requests, and every other
court and jurisdiction, with all district offices whatsoever, held or to be held, possessed
and enjoyed in and by the other districts of this province, at the time of such proclama-
tion as aforesaid, shall from thenceforth, with the like powers and authority, be neld and
enjoyed in and by the said district, to be thereby declared and named by virtue of this
act, and that all and every jurisdiction, regulation, rule, privilege, exemption, matter, or
thing, which shall or may have been enacted, provided, and declared by any act or acts of
the parliament of this ptovince, made, or to be made, touching or concerning the said
other districts, and which shall be in force and operation at the time of such prodamation,
as aforesaid, shall be, and are hereby, from thenceforth, extended to that district, to be
thereby declared and named as aforesaid, unless otherwise provided for by this act, or any
other act or acts of the parliament of this province.
HI. And be it further enacted by the authority aforesaid, That aU and every the pro-
visions, rules, regulations, matters, and things, contained in any act or acts of the parliament
of this province, for the regulation of, or relating to gaols, which shall be in force and
operation at the time of declaring and naming such new district as aforesaid, shall be and
are herebj* from thenceforth extended to the said gaol and court house, and that the afore-
said courts of oyer and terminer and general gaol delivery, assize and nisi priu^ general
quarter sessions of the peace, surrogate court, and every other of the aforesaid courts
required to be held at a place certain, shall be commenced and from time to time holden
at the aforesaid court house, or such other court house as shall hereafter be enected for
that purpose by virtue of any act or acts of the parliament of this province.
Digitized by VnOOQ IC
Bl^ilVBIITJHI PAm:.IAMXNT.]
C. 7,^Fi|un: Y^J^ P^ Wim^iah IV.— 1831.
lY • Aod be it further enacted by the authority iifDresaid, That from and af^er thet de-
claring and naming the aaid-county of Prince Edward a separate district^ as aforesaid, the
court of general quarter sessions of the peace and district court of the said district, shall
be respectively commenced and held at tne place hereinbefore appointed for that purpose,
on the fifst Tuesday in the months of ^anuar^, April, July, and October^ in each aod
every year, and that the terms for the said district and surrogate court within and for such
new district shall respectively commence on the Monday of the week nes^t but one pre-
ceding the week in which the court of quarter sessions and sitting of the said district
court are hereby appointed to be held, and such termis shall respectively end op the
Saturday following.
V. And be it further enacted by the authority aforesaid, That his Majesty's justices of
the peace, and other persons holding any commission or office, or bearing lawful authority ^^
and who shall be residing within the said county of Prince Edward, at the time the same
shall be declared and named a separate district as aforesaid, shall continue to hold, ej^joy,
and exercise the like commission, office, authority, power, and jurisdiction within tha^
district, in the same manner that they previously held, enjoyed, and exercised within (he
Midland district : Provided, That the authority, power^ and jurisdiction, previously exer-^
cised by bis Majesty's justices of the peace, and other persons bearing commissioip^ ojr
office, or lawful authority, within, or residing within, the said county oi Prince Edward,
shall not in anywise be longer exercised or continued within the Midland district, but the;
same within that district shall from thenceforth cease and determine : Provided, That after
declaring and naming such new district as aforesaid, his Majesty's justices of the peace
and others who thenceforth continued to hold commission or office, or bear lawful author
rity within the Midland district, shall cease to hold such commission or office, or to
exercise such lawful authority within said new district, to be declared and' namied as
aforesaid ; and that no jurisdiction, power, or authority, of whatever nature or kind
soever, to the said Midland district, at the time of th^ form.ation of such new district a^
aforesaid belonging or appertaining, shall longer extend, or be construed to extend, to the,
said new district.
VI. And be it further enacted by the authority aforesaid^ That -the ordinary assessments)
and rates levied within the said county of Prince Edward for the current year, at the time
the said county shall be declared and named a separate district, by virtue of this act, and
all future assessments and rates to be levied therein, shall be apphed and expended for the
like purposes within such new district, as they at that time might be applied and expended
under and by virtue of any act or acts of the parliament of this province, in the Midland
district, except in so far as the same may be varied by this act.
VII. And be it further enacted by the authority aforesaid. That the justices in general
quarter sessions assembled for the district to be declared and named under this act shall,
and they are hereby required to, order the treasurer of the said district to pay, from apdt
out of the monies which he shall receive as such treasurer, within two years after the
erection. of the said county of Prince Edward into a separate district, such arrearages aSi
may be due from the said district to the Midland district, for or on account of any assess?
ment or rate imposed or levied, but not collected, previous to the separation of the said
county of Prince Edward from the said Midland district ; such arrearages to be certified
to the justices of the peace for such district by the treasurer and chairman of the quailer
sessions of the said Midland district.
VIII. And whereas it is necessary to make provision for the office of sherifiE^ and for
the establishment and support of schools within the aforesaid county of Prince Edward,,
when the same shall have been declared a separate district by virtue of this act, be it
fiirther enacted by the authority aforesaid. That from and after the erection of the said
county of Prince Edward into a separate district, by virtue of this act, and the appoint-
ment of a sheriff therein, there be granted to his Majesty, his heirs and successors, from
and out of the monies now raised, levied, and collected, or hereafter to be raised, levied,
and collected, to and for the uses of this province, and unappropriated^ the sum of fifty
pounds annually^ which said sum of fifty pounds shall be appropriated and applied for the
payment of a salary to the sheriff, for the time being, of the said district to be named and
declared as aforesaid.
IX. And be it further enacted by the authority aforesaid. That from and after the
erection of the said county of Prince Edward into a separate district, by virtue of thb
act, there be granted annually to his Majesty, his heirs and successors, from and out of
the monies now raised, levied, and collected, or hereafter to be raised, levied, and col-
lected, to and for the uses of this province, and unappropriated, the sum of one hundred
pounds annually, which said sum of one hundred pounds shall be appropriated, applied,
and disposed of, in paying the salary of the teacher of the public district school which
may be hereafter erected in the said district.
Periods for hOOiag of
the dif iriot eowteluid
scjokMis of tlie pMoe^
and •nnogato eourt.
Juiticei of the pcaee
«BdathT|MiMmnV5>r
ins offieot, mdvesidfaip
theUmeofHs^roodan
imko ft Mpaittte diMriet,
totcftntm— their fine*
tioDS yfithm nuik vBW
dietriet
Limitfttioii of tlie pe-
riod for holding anch
offioe.
Justices aad othftrs
continaiiig to ezereise
their fta&rity within
the Midland district,
shall cease to ezereise
the same in the new
district
Rates and
how to be applied,
due to the
MidkndT district to be
paid orer within two
years after the election
of snch new district.
Fifty povnds amM
annuaUy to hisMi^stv
for payment of sherilrii
sAlaiy.
£100 gmted aanvally
to his Majesty for the
suppoit or a district
senooL
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554
C. 7.— First Ybau of William IV.— 1831.
[PlHST SSBSIOW,
pUtriet ftohool to bt
The Mid dbtrict lehool
to be under the like
nles M other dictriet
iSXBOnmted eunaUT
to hie MeJMty for the
■appoK of eenmoB
■ehook; which mre to
he neder the Mme ro-
aott iohools.
(8ee4thG«>. iy,c&)
How numies to be ae-
ntedfor.
£900 to be ptid bj the
new district to the tree-
ftorer of the' MidUuid,in
fall of erreera of loen
to the MIdtand district.
And thereafter the
funds of the new dis-
trict shell be applied to
the uses thereof; &e.
May be applied to-
wanls the erection of a
gaol and court house.
X. And be It further enacted bj the authority aforesaid, That the said district school
shall be opened and kept in the township of Hallowell, in the said district, at such place
as the trustees of the said district school, or a majoritj of them, maj apptrinL
XI. And be it further enacted by the authority aforesaid, That the said district school
shall be established in like manner, and under the same rules, regulations, and restrie-
tions, in every particular, as shall be mentioned and provided in the several acts of the
parliament of this province for the regulation of similar schools in the other districts of
this province, in force and operation at the time such school shall be established.
XII. And be it further enacted by the authority aforesaid, That from and after the
erection of the said county of Prince Edward into a separate district as aforesaid, there
be granted annually to his Majesty, his heirs and successors, from and out of the moiiies
DOW raised, levied, and collected, or hereafter to be raised, levied, and collected, to and
for the uses of this province, and unappropriated, the sum of two hundred and fifty pounds,
which sum of two hundred and fifty pounds shall be appropriated, applied, and disposed
of, in the establishment of common schools in the said district, in manner and under the
same rules, regulations, provisions, and restrictions, in every particular, mentioned, spe-
cified, and contained, in the several acts of the psu^liament of this province, for the
regulation and support of similar schools in the other districts of this province, which
shall be in force and operation at the time such schools shall be so established in the said
projected district: Provided, nevertheless. That nothing herein contained shall be
construed or taken to destroy or abridge the right of such new district to participate in
the monies appropriated to the use of common schools in this province, by a certain act
of the parliament of this province passed in the fourth year of his late Majesty's reign,
entitled, ^^ An act to make permanent and extend the provisions of the laws now in force
for the establishment and regulation of common schools throughout this province, and for
granting to his Majesty a mrther sum of money to promote and entourage education
within the same," in addition to the above mentioned sum of two hundred and fifty
pounds.
XIII. Provided always, and it is hereby further enacted by the authority aforesaid, Tliat
the monies hereinbefore granted to his Majesty shall be paid by the receiver general of
this province, in discharge of such warrant or warrants as shall, for the purposes aforesaid,
be from time to time issued by the governor, lieutenant governor, or person administering
the government of this province, and the said receiver general shall account for the same
to his Majesty through the lords commissioners of his Majesty's treasury, for the time
being, in such manner and form as his Majesty, his heirs and successors, shall direct
XIV. And whereas, under the authority of two several acts of the parliament of this
province, one passed in the second year of his late Majesty's reign, chapter twenty-one,
and the other passed in the fourth year of his late Majesty's reign, chapter thirty-two, by
which acts his Majesty's justices of the peace for the Midland district are authorized to
obtain, by loan, a sum of money, for the purpose of erecting a gaol and court house in the
town of Kingston, and under the authority of said acts, the sum of four thousand pounds
hath been borrowed by the justices of the peace for the said Midland district, for the pur*
poses therein specified, for the redemption of which loan the rates of said Midland
district, including the said county of Prince Edward, are by the said acts rendered liable ;
and whereas it is expedient, in case the said county should be declared and named a
separate district, by virtue of this act, before the total liquidation of the said debt of the
said Midland district, t^at the inhabitants of the said county should continue sul^ect and
liable to contribute equally towards the payment thereof, as if the said county had not
been erected into a separate district ; be it therefore further enacted by the authority
aforesaid. That so soon after the passing of thi^ act as the said county of Prince Edward
shall have paid into the Midland district treasury, out of the assessed rates and taxes now
or hereafter raised within said county, the full sum of six hundred pounds, it shall be,
and be taken to be, in full satisfaction for all arrears of said loan and interest thereon to
be contributed and paid by the said county towards the said Midland district debt ; and
that from thenceforth all rates and taxes assessed and raised thereafter within said county
or new district may and shall be applicable and be applied to the uses and benefit of said
county, and may, by his Majesty's justices of the peace of and residing %Vithin said county,
be laid out and applied towards the erecting and building a gaol and court house, as pro-
vided by this act in and for the said county or new district, any thing in this act to the
contrary in any wise notwithstanding.
Digitized by
Google
£Ij«BVJBirTH Pabliamubnt.]
C. 8, 9.— PiHST YmxM, of Wiumm IV 1831.
665
Chapter Vf 11.
^n act to esUend the time /or taking the oath prescribed by a certain ad passed in the
ninth year of his late Majesty^s reign, entitled, " An act to secure to and co^er upon
certain inhabitants qfthis protnnce the civil and political rights of natural bom Bri-
tish stdjects.^^
[Fused March 16, 1830.]
Wherbas the time allowed bj the second clause of an act passed in the ninth year of Praambk.
his late Majesty's reign, entitled, " An act to secure to and confer upon certain inha-
bitants of this province the civil and political rights of natural born British subjects," will
shoKly expire ; be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act passed
in the parliament of Great Britain, entitled, " An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, « An act for making more
effectual provision for the government of the province of Quebec, in North America, and
to make further provision for the government of the said province,' " and by the authority
of the same. That so much of the said second clause of the said act as limits the time for
taking the oath therein prescribed to three years from the passing thereof, be, and the
same is, hereby repealed.
II. And be it further enacted by the authority aforesaid, That the said period of three
years be extended, and the same is hereby extended, to four years from and after the
passing of this act, and thence to the end of the then next ensuing session of parliament.
III. And be it further enacted by the authority aforesaid. That this act shall be publicly
read by the clerk of the peace, immediately after empannelling the grand jury at the
several quarter sessions of this province, for four successive sittings of such court, after
the first day of July next.
9th G«o. IV, pwC of
the 2d elauie, repealed.
Time extended for ta-
king oath, prescribed
bySthGeo-fV.
Aet to be pabliely read
at the eoiut' of qaarter
•eaaions.
Cbapter IX.
An ad to provide for settling and determining by arbitration certain difficulties that
have arisen or may arise between persons owning land in the eighth concession of
SaUfled, and persons owning or claiming to own lands in the first concession of Bin-
brook, who through mistake may have made improvements on the rear part of the said
eighth concession of Saltfleet,
[Passed March 16, ISSO.]
Whbreas the inhabitants residing on the front concession of the township of Binbrook,
in the county of Wentworth, in the district of Gore, having commenced their improve-
ments and erected their buildings on the front of the said first concession, and in
accordance with a line run by Samuel Street Wilmot, a deputy surveyor sent by order of
the government to ascertain and mark out the said line,, and which line has since been
discovered to be erroneous, as encroaching on the eighth concession or rear boundary
line of the township of Sakfleet, and by which the parties interested are liable to be
exposed to great difficulty and loss ; and whereas the inhabitants living on' the first con-
cession of the township of Binbrook aforesaid, and whose improvements and buildings
are found to be on the eighth concession of Saltfleet, not having made such encroachments
knowingly or with evil intention, it is therefore expedient that provision be made by
law to enable the parties to settle the difficulties that may have arisen or are liable
to arise on account of the said error; be it therefore enacted by the King's most
excellent Majesty, by and with the advice and consent of the legislative council and
assembly qt the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, enti-
tled, ^ An act for making more effectual provision for the government of the province of
Quebec, in North America, and to make further provision for the government of the said
province,' " and by the authority of the same. That it shall and may be lawful for any per-
son or persons owning land in the eighth concession of Saltfleet, and which may have
been improved by any person or persons owning or claiming to own lands in the first
concession of the township of Binbrook, and who shall not mutually agree to settle the
matter in dispute between themselves, to submit the same to be determined by arbitra-
tion, in the manner hereinafter set forth.
n. And be it further enacted by the authority aforesaid. That it shall and may be law-
ful for any person or persons owning any lot or parcel of land in the eighth concession of
Saltfleet aforesaid, and which may have been improved before the passing of this act by
any person or
PkeafflUe.
Owners of land 'm
eighth concession oC
Saltfleet may refer dis-
putes respecting the
same to aiiiitration.
Persons not to be re-
moTod from their ra-
spectire possessione,
unless disputes respects
' persons owning or claiming to own land in the first concession of Binbrook. . ^*^^**v**'Tu'?(j1p
dS6
C. 10.— PtRSt YtAA OP WlI,LIAM IV.— 1831.
[PiBrr SsssfoVy
been nilMalttod to ar-
bitimtion.
Arbitration to be Dam-
ad, who ihall ehoota aa
UBupiia.
Aibitraton to.take aa
oath.
Fona thereof.
Dotyoftha aifoitratonr
Oamenoflandi
eeire the yalae of'
decided to be their**,
or pay the value of the
improTemeats fixed by
the award of arbitrer
ton.
Certaia penoaa aot
elig[ible to be aamed at
arbitraton.
If a load iball be laid
oat iaiiroBtof Biabrook,
the owaen of the froat
lots •hall be eatitledto
the former allowanee
for road.
Aa:
r award may . be
le a role of king's
to eject such person or persons from any such improvement, or take possession of such
improved part of a lot or parcel of land, without the consent of the occupant thereof, unless
the same sfaall have been submitted to the determination and award of arbitrator^ indif-
ierentlj chosen by the parties, for settling and determining the same.
III. And be it further enacted bj the authority aforesaid, That in all cases where the
owner of any such improved part of a lot or parcel of land, or the person having improved
the same, df who may be otherwise interested therein, shall not agree as to the value of
the land so improved, or the improvement thereon, it shall and may be lawful to and for each
of the parties so interested, to choose one fit and proper person as an arbitrator, and the
ilfo arbitrators thus chosen may choose a third arbitrator, and the three arbitrators so
•hotfen shall have full power and anthority to award and determine the whole matter of
difierence between the parties.
IV. And be it further enacted by the authority aforesaid, That before any aibitrator
ihall enter upon the duties assigned him by this act, he shall take the following oath :
"I, A. B., do solemnly swear, that I will faithfully inquire into the matter in di^Nite
between C. D. and E. F. and will make a just and true award thereon according to the
best 'of my knowledge and belief. So help me God."
And which oath it shall and may be lawful for any justice of the peace in the district of
Gore to administer.
y. And be it further enacted by the authority aforesaid, That it shall and may be
lawful for the said arbitrators, aiid they are hereby required to fix and detennine the value
of such improvements, as alsp the value of the land on which such improvements maj have
been made, considered only in its uncultivated state.
Yt. And be it further enacted by the authority aforesaid, That in all cases where an
award shall be made under this act, determining the value of any such improvement, it
shall be optional with the owner of the land, whether he will pay the amount at which
such improvment may be valued, or receive the sum awarded to be paid by the person
having made such improvement, as the value of the land on which the same may have
been made.
VII. And be it further enacted by the authority aforesaid, That no person owning land
in the eighth concession of the township of Saltfleet, nor any person who may claim
remuneration for any such improvement as aforesaid, shall be eligible to be chosen or
appointed an arbitrator for the purposes of this act.
VIII. And be it further enacted by the authority aforesaid, That if upon application to
the court of quarter sessions for the Gore district being made in the manner pointed out
by law, the aforesaid line, run by the said Samuel Street Wilmot, shall be confirmed as a
common public highway, it shall and may be lawful for the owners of the land in the first
concession of the township of Binbrook, to take, hold, occupy, and enjoy the road allow-
ance in front of the said first concession, in lieu thereof, any law, usage, or custom, to the
contrary notwithstanding : Provided always, That the value of said allowance be paid for
by such occupant tb the owners of land in the eighth concession of Saltfleet, next ad-
joining.
IX. And be it further enacted by the authority aforesaid, That every award that shall
be made as hereinbefore directed, shall be made a rule of his Majesty's court of king's
bench, and as such may be specially pleaded by the party or parties having complied with
the same.
PreaoiUe.
Chapter X.
An cMjbr vesHmg in trustees j the market square in the town of Yarky for &e hene^ of
the inhabiiamts of the said town.
tFM«^ March 16^ im.]
WHSRKAa Alexander Wood and Thomas Stoyell, of the town of York, have by their
petition set forth that, by his Majesty's letters patent, the market square in the said town,
eontaining about four acres and a half^ had been granted in fee simpte to the honorable
Henry Alcock, the honorable Peter Russell, the honorable ^neas Shaw, and the honor-
able John McGill, without expressing, as was intended, any trust ; that the same was
intended for the use of the public as a market; and that the said John McGiU, the sole
surviving grantee, by a certain indenture of lease, for nine hundred and nifiety-nine years,
made between him and the said petitioners, then serving as town and church wardens for
the said town, and which said indenture of lease has been lost and cannot be found, hath,
as such survivor, leased the same to the petitioners and their successors, in the iaid offices
of church and town wardens, for the management of the satire, for the use of the public of
the said town ; and that they were desirous of being relieved from the said trust, and
praying that a bill might be passed, vesting the market square. in trustMJk to^ fmiv^md^upon
EjUMitr mxtTH Parliamxnt.]
C, 11.— First Yrar of WIluam IV.— 1881.
55T
»ueh trusts ss might be deemed proper ; and whereas it is expedient to grant the jn-ayer
of the said petitioners, and to msdce further provisions vesting the said estate ; be it there-
fore enacted hy the King's most excellent Majesty, by and with the advice and consent of
the legislative council and assembly of the province of Upper Canada, constituted and
assembled by virtue of and under the authority of an act passed in the parliament of
Great Britain, entitled, " An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more effectual jH-ovision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and by the authority of the same. That the
said market square, or ground appearing upon the official map of survey of the said town
of York, as reserved for a market, containing, as is said, about four and a half acres, more
or less, be, and the same is, hereby vested in the church and town wardens, for the time
being, and in their successors in the said offices, forever hereafter, as a corporation for
leasing and managing the same as hereafter mentioned.
II. And be it further enacted by the authority aforesaid, That the said church and town
wardens, for the time being, as such corporation, shall have full authority and power to
lease the same in such parcels, and for and upon such terms as the magistrates for the said
district shall, in general or adjourned sessions, from time to time order and direct.
III. And be it further enacted by the authority aforesaid, That all monies arising from
such lease or leases shall be paid into the hands of the treasurer of the said district^ and
shall be at the disposal of the magistrates of the said district for public uses, for the beneiit
of the inhabitants of the said town of York, and for no other use or purpose whatsoever.
IV. And be it further enacted by the authority aforesaid, That nothing herein contained
shall extend, or be construed to extend, to do away, or in any manner to interfere with
the present leases of the said market square, but that the same shall be taken and consi-
dered to be valid and effectual to all intents and purposes whatsoever.
y. And whereas a certain part of the said market square, known as lot number twelve
in market lane, has been heretofore used for the purpose of a common school house for
the said town, and it is expedient to provide for the permanent application of the same for
the purposes of such common school; be it therefore further enacted by the authority
aforesaid, That the said lot number twelve aforesaid shall be, and the same is hereby
deemed to be, vested in the trustees of the said common school, and their successors duly
appmnted according to law, as a corporation for that purpose.
fibaik^i aqoan Tested
in Uie chnreh and towa
wardens.
Power to lease tbe
matket iqoare in par*
eeU.
Monies arising from
leases how to be i^
plied.
No present lease to be
aYOided by this aet.
School lot rested in the
trostecs of the eemmAb
school.
(See 54th Gee. Ill, ft
16.)
Chapter XI.
An act to incorporate certain persons therein mentioned^ under the style and title of the
Tay Navigation Company. ,
[Passed March 16, ISBI.]
Whereas Henry Graham, Alexander Fraser, Roderick Matheson, John McKay, George
Hume Read, Josias Taylor, Henry Glass, and others, of the town and neighborhood of
Perth, in the district of Bathurst, have by petition prayed to be incorporated a joint stock
company for the purpose of improving and rendering navigable the river Tay, with such
other persons as may feel disposed to undertake the said improvement ; and whereas by
an act passed in the eighth year of his late Majesty's reign, entitled, " An act to confer
upon his Majesty certain powers and authorities necessary to the making, maintaining, and
using the canal intended to be completed under his Majesty's direction, for connecting the
waters of lake Ontario with the river Ottawa, and for other purposes therein mentioned,"
power and authority were given to any officers or persons employed by his Majesty, in
case his Majesty should desire to improve the navigation of the rivers Tay and Good-
wood, which empty their waters in the river Rideau, to enter into or upon the lands or
grounds of or belonging to any person or persons on the borders of the said rivers Tay
and Goodwood, in the same manner, and for the like purposes, and subject to the ;ame
conditions, as his Majesty is by the said act authorized to do with respect to the lands
bordering on the river Rideau ; and whereas it is expedient to repeal so much of the said
act as authorizes hb Majesty to cause the navigation of the river Tay to be improved
according to the provisions of the said act, and to incorporate the petitioners for the pur*
poses therein mentioned ; be it therefore enacted by the King's most excellent Majesty, by
and with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an act
passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts of an act
passed in the fourteenth year of his Majesty's reign, entitled, * An act for making morQ
effectual provision for the government of the province of Quebec, in North Am6rica, and
to make further provision for the government of the said province,' " and by the authority
Preamble.
70
Digitized by
Google
SS8
C. 11.— FiB«T Y»Aa Of WiLMAM IV,— 1881.
[FZBST SSBOOir,
Fuio^6tllGM.lV,e
1, repealed.
Tttjr narigMtion eompa*
By ueorpoimled.
"Capital ftoek not to
exceed j^,000.
Shares to be transfera-
ble upon the books of
the corporation.
Shares to be subscrib-
ed, and to be payable
bj instalments.
Calls to be adrertised.
Shares to be forfeited,
if calls not paid.
First meeting of stock-
holders to choose di-
rectors, to he held in
Perth.
When ten per eent.
paid in, company may
commence bosioess.
of the same, That so much of the said in part recited act as relates to the improyemeot of
the navigation of the river Taj be, and the same is, hereby repealed.
II. And be it further enacted by the authority aforesaid, That tlie said Henry Grafaajo,
Alexander Fraser, Roderick Matheson, John McKay, George Hume Read, Josias Taylor,
Henry Glass, together with all such other persons as shall become stockholders in such
joint stock or capital as is hereinafter mentioned, shall be, and are hereby ordained, con-
stituted, and declared to* be, a body corporate and politic, in fact, by and under the name
and style of the Tay Navigation Company, and that by such name they and their sucoes-
soi's shall and may have continued succession, and by such name shall be capable of
contracting and being contracted with, of suing and being sued, pleading and being tin*
pleaded, answering and being answered unto, in all courts or places whatsoever, in all
manner of suits, actions, complaints, matters, and causes, whatsoever; and that they and
their successoi*s shall have a common seal, and may change and alter the same at their
will and pleasure ; and also that they and their successors, by the same name of the Tay
Navigation Company, shall be in law capable of purchasing, having, and holding, to them
and their successors, any estate, real, personal, or mixed, to and for the use of the said
company, and demising, conveying, or otherwise departing therewith, for the benefit and
on the account of the said company, from time to time, as they shall deem nei^essaty and
expedient.
III. And be it further enacted by the authority aforesaid. That the whole capital or
stock, inclusive of any real estate which the said company may have or hold by virtue of
this act, shall not exceed in value four thousand pounds of lawful currency of this province,
which capital shall be composed of six hundred and forty shares, of the value of dx pounds
five shillings each, and that the said shares of the said'capital stock shall be transferable,
and may be from time to time transfered by the respective persons so subscribing or
holding the same, to other person or persons : Provided always, That such transfer be
entered or registered in a book or books, to be kept for that purpose by the said company,
and that no such transfer shall be made by any stockholders of the said company until
after the expiration of one year from the period when the said work is completed.
IV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for any person or persons, his Majesty's eubjects or others, to subscribe for any
number of shares, (not exceeding in the first instance fifty,) the amount whereof shall be
due and payable to the said company in the manner hereinafter mentioned, that is to say ;
ten per cent, on each share so subscribed shall be payable to the said company immedi-
ately after the stockholders shall have elected the number of directors hereinafter mentioned,
and the remainder by instalments of not more than twenty per cent, at such periods.as the
president and directors shall from time to time direct and appoint for the payment thereof:
Provided, That no instalment shall be called for in less than thirty days after public notice
shall have been given in all the newspapers of the district of Bathurst : Provided always.
That if any stockholder or stockholders as aforesaid shall neglect or refuse to pay to the
said company the instalments due on any share or shares held by him, her, or them, at
the time required by law, such stockholder or stockholders shall forfeit such share as
aforesaid, with the amount previously paid thereon, and the share or shares shall be sold
by the directors at public auction, after having given ten days' notice, and the proceeds
thereof, together with the amount previously paid thereon, shall be accounted for and
applied in like manner as any other proceeds of the said company : Provided idw^jrA,
That such purchaser or purchasers shall pay to the said company the amount of the instal-
ment required, over and above the purchase money of the share or shares to be purchased
by him, her, or them, as aforesaid, immediately after the sale, and before they shall be
entitled to a certificate of the transfer of such share or shares, so to be purchased as
aforesaid.
V. And be it further enacted by the authority aforesaid. That so soon as two hundred
shares shall have been subscribed, it shall and may be lawful for such subscribers, or any
of them, to call a meeting at some place to be named, (in the town of Perth,) for the
purpose of proceeding to the election of the number of directors hereinafter mentioned ;
and such election shall then and there be made by a majority of shares, voted for in the
manner hereinafter prescribed, in respect of the annual election of directors ; and the
persons then and there chosen shall be the first directors, and be capable of serving until
the first Monday in January succeeding their election ; and the said directors, so soon as
may be after the said election, shall proceed in like manner to elect by ballot one of their
number ^o be president for the like period, and the president and directors so chosen
shall, as soon as a deposit amounting to ten pounds per centum upon the shares subscribed
as aforesaid shall be paid to the said directors, commence the business and operations of
the said company : Provided always. That no such meeting of the said subscribers shall
take place until a notice is published in the newspapers of the district of Bathurst at the
distance of not less than thirty days from the time of such notification.
Digitized by VniJOVJ IC
EX^KTSNTH PaBLIAMXNT.]
C. U.— First Year or Wiixiam IV.— 1831.
669
A&lntoU
by f even directon.
Mode of electing
recton.
di-
VI. And be it farther enacted by the authority aforesaid. That the stock, property,
aCTairs, and concerns of the said corporation, shall be managed and conducted by seven
directors, one of whom shall be chosen president, who shall hold their offices for one
year, which directors shall be stockholders, and shall be inhabitants of this province, and
be elected on the first Monday in January in every year, at such time of the day and al
such place, near the line of the said intended navigation, as the majority of the directors
for the time being shall appoint ; and public notice shall be given by the said directors in
the newspapers printed within the district of Bathurst, of such time and place, not more
than thirty nor less than fifteen days previous to the time of holding the said election *
and the said election shall be held and made by such of the stockholders of the said com^
pan J as shall attend for that purpose in their own proper persons or by proxy; and all
elections for directors shall be by ballot, and the seven persons who shall have the greatest
number of votes at any election shall be directors, except as is hereinafter directed ; and
if it should happen at any election that two or more persons have an equal number of
votes, in such manner that a greater number of persons than seven shall by plurality of
votes appear to be chosen as directors, then the said stockholders, hereinbefore authorized
to hold such election, shall proceed by ballot a second time, and by plurality of votes
determine which of the said persons, so having an equal number of votes, shall be the
director or directors, so as to complete the whole number of seven ; and the said direc-
tors, so soon as may be after the said election, shall proceed in like manner to elect by
ballot one of their number to be president, and two of the directors which shall be
chosen at the preceding year, excepting the president, shall be ineligible to the office of
director for one year after the expiration of the time for which they shall be chosen
directors ; and in case a greater number than five directors, exclusive of the president
who served for the last year, shall appear to be elected, then the election of such person
or persons above the said number, and who shall have the fewest number of votes, shall
be considered void, and such other of the stockholders as shall be eligible, and shall have
the next greatest number of votes, shall be considered as elected in the room of such last
described person or persons, who are hereby declared ineligible as aforesaid ; and the
president for the time being shall always be eligible to the office of director, but stock-
holders not residing within the province shall be ineligible ; and if any director shall
absent himself from this province, and cease to be an inhabitant thereof, for the space of
six months, his office shall be considered as vacant, and if any vacancy or vacancies should
at any time happen among the directors, or in the office of president, by death, resignation,
or removal from the said province, such vacancy or vacancies shall be filled for the
remainder of the year in which they may happen, by a person or persons to be nominated
by a majority of the directors : Provided always. That no person shall be eligible to be a
director who shall not be a stockholder to the amount of at least five shares.
VIJ. And be it further enacted by the authority aforesaid. That each stockholder shall
be entitled to a number of votes proportioned to the number of shares which he or she
shall have held in his or her own name at least three months prior to the time of voting,
(except at the first election,) according to the following rates, that is to say ; at the rate
of one vote for each share not exceeding four ; five votes for six shares ; six votes for
eight shares ; seven votes for ten shares ; and one vote for every five shares above ten.
VIII. And be it further enacted by the authority aforesaid. That in case it should at any
time happen that an election of directors should not be made on any day when pursuant
to this act it ought to have been made, the said corporation shall not for that cause be
deeroed to be dissolved, but that it shall and may be lawful on any other day to bold and
make an election of directors in such manner as shall have been regulated by the laws and
ordinances of the said corporation.
IX. And be it further enacted by the authority aforesaid. That it shall be the duty of i>if«cton to
the directors to make half yearly dividends of so much of the profits of the said company ^•▼»dend«;
as to them, or to the majority of them, shall appear advisable ; and that once in every
year, and oftener if thereunto required by a majority of the votes of the stockholders, to
be given agreeable to the ratios hereinbefore established, at a general meeting to be called
for that purpose, an exact and particular statement shall be rendered of the state of their
affairs, debts, credits, profits, and losses ; such statement to appear on the books, and to be
open to the perusal of any stockholder, at his or her reasonable request.
X. And be it further enacted by the authority aforesaid, That the directors, for the
time being, or a major part of them, shall have power to make and subscribe such rules
and regulations, as to them shall appear needful and proper, touching the management and
disposition of the stock, property, estate, and effects of the said corporation, and touching
the amount of tolls to be collected on the said navigation, the duty and conduct of the
officers, clerks, and servants, employed by the said comi)any, and all such other matters *
as appertain to the business of the said company, and shall also have power to appoint as
many officers, clerks, and servants, for cnrrvinec on the said hu«ine««», and with snoh oala- /^^.rxi-^r^T/-v
Digitized by VrjOOQlC
Vacaneiet in the diree-
tion during any enmnt
year to be filled ap by
the other directon.
Qcnlification of roten,
and ratio of ToCing ae-
cording to number of
share*.
Corporation not dis-
solred by non-elcetion
of direetort at the time
appointed, but election
shall take phice at
another day.
declve
and to render to the
stoekholden a etate-
ment of their alfiura.
Direetort may make
byJawa, regulate toll,
and appoint oiBcera.
C. 11.— PmsT Ybah aw Wilmam IV,— 1881.
[Fimra
Tftumat to giTo i e-
enritj.
Company anthorixedto
Sion the conatrjr,
e leTeli, and let oat
such portion of knds
u m»j be required for
tie uM of the eom-
pany.
Oenenl power* of tho
company in improTiuf
the navigation.
Bridgea, &e. to be
erected.
Company may eontraet
for the purehMe of the
laada set oat •$ i^|o'fWi|
■ary for their use.
Lands set out to be
Tested in'the company.
ries and aHowaoees as to tlieiii shall seem meet : Provided, Tbal each ndea end
relations be not repugnant to the laws of this provinee.
aL And be it fprther enacted bj the authority aforesaid, That everjr treasorer, before
h^ enters into the duties of his office, shall give bond, with two or more suretieB, in audi
sum as maj be satisfactory to the directors, with condition for the faithful dischaif^ of
his duty.
XII. And be it further enactet} hf thi authoritj aforesaid, That the said ^cmpaay, or
any person or persons authorized by them, shall hare full power and authiuity to esqilote
the country through which the river Tay runs, and to enter into and upon the Iwids or
grounds of or belon^ng to any person or persons, bodies politic or corporate, and to sur-
vey and take levels of the same, or any part thereof, and set out and ascertain sueh perls
thereof as he or they shall think proper and necessary for making locks, aqoeduela,
tunnels, culverts, bridges, and all such other improvements, matters, and convenieiieee,
as he shall think proper and necessary for making, effecting, preserving, improving,
completing, and using, in the 'said navigation ; and also to bore, dig, cut, ti^Hicb, remove,
take, carry away, and lay earth, soil, clay, stone, rubbish, trees, roots of trees, beda of
Savel or sand, or any other matter or thing which may be dug or got in the making of
e said navigation, locks, tunnels, aqueducts, culverts, or other improvements, or out of
any lands or grounds of any person or persons adjoining or lying contiguous thereto, and
which may be necessary for constructing or repairing the said works or imjH-ovements, or
which may obstruct the making or maintaining the said navigation ; and also to make,
build, erect, and set up, in and upon the said river, or upon the lands adjoining or near to
the same, such and so many bridges, tunnels, aqueducts, sluices, locks, wears, pens for
water, tanks, reservoirs, drains, wharves, quays, landing-places, and other works, ways,
roads, and conveniences, as the said company, or any person or persons authorized by
them, as aforesaid, shall think requisite and convenient for the purposes of the said navi-
gation ; and also from time to time to alter, amend, repair, widen, or enlarge the same, or
any other of the conveniences above mentioned^ as well for carrying or conveying goods,
commodities, timber, and other things, to and from the said navigation, as for the earryii^
or conveying of all manner of materials necessary for making, erecting, finishii^, aJleiug,
repairing, amending, widening, or enlai^ing the works of and belonging to the sjod
navigation ; and also place, lay, work, and manufacture the said materials on the girotind
near to the place or places where the said works, or any of them, are, or shaU be intended
to be made, erected, repaired, or done, and construct the several locks, bridgea, works,
and erections belonging thereto ; and also to make, maintain, repair, and alter, any fenees
or passings over, under, or through the said river, or the reservoirs and tunnels, aque-
ducts, passages, gutters, water courses, and sluices, respectively, which shall communicate
therewith ; and also to make, set up, and appoint, drawing boats, barges, vessels, or rafts,
passing in, through, along, or upon the said rive^ as the company, or person or persons
authorized by them, as aforesaid, shall think convenient ; and to construct, erect, and
keep in repair any piers, arches, or other works, in, upon, and across any rivers or brooks,
for making, using, maintaining, and repairing the said navigation and the towing paths on
the sides thereof; and also to construct, make, and do, all other matters or things which
he or they shall think necessary and convenient for the making, effecting, preserving,
improving, completing, and using the said navigation, in pursuance and within the true '
meaning of this act, doing as little damage as may be in the execution of the several
powers to them hereby granted.
XIII. And be it further enacted by the authority aforesaid, That after any lands or
grounds shall be set out and ascertained to be necessary for making and competing ike
said navigation and other purposes and conveniences hereinbefore mentioned, the said
company, or person or persons authorized by them as aforesaid, is hereby empowered to
contract, compound, compromise, and agree, with all bodies politic, communities, corpora-
tions, aggregate or sole guardians, and ail other person or persons, for themselves or as
trustees, not only for and on behalf of themselves, their heirs and successors, but also for
and on behalf of those whom they represent, whether infants, lunatics, idiots, fenunes
covert, or other person or persons who shall occupy, be possessed of, or interested in, any
lands or grounds which shall be set out or ascertained as aforesaid, for the absolute sur-
render to the said company of so much of the said land as shall be required, or for the
damages which he, she, or they, may reasonably claim, in consequence of the said
intended improvement, or other the works of and belonging to the said navigation, and
pther constructions and erections, being cut and constructed in and upon his, her, or their
respective lands ; and that all such contracts, agreements, and surrenders, sh.nll be valid
and effectual in law, to all intents and purposes whatsoever, any law, statute, or usage, to
the contrary notwithstanding.
XIY. And be it further enacted by the authority aforesaid. That sudi parts and portions
of land or lands covered with water as may be so ascertained and set out by the company,
Digitized by VrjiJOV IC
EuwaWTH PAiULIAMIBlfTb]
C. 11— FiBttT Yjbah or Wiuimi IV.— 18S1.
Hi
or peraon or peifons appointed as aforesaid, aa neceaaary to be poeupied ibr the purpoaes
of the improvemeot of the said navicitiaD, and also such parts and portions ais may, upon
alteration or deviation, be ascertained and set out as necessary for the purposes thereof,
sliaU be forever thereafter vested in the said company.
XV. And be it furUier enacted by the authority aforesaid. That if before the compie' fMinnt*. h^ th
tion of the said navigation through the lands or grounds of any person or persons, no ^^ju^^^
▼oluntary agreement shall have been made as to the amount of compensation to be paid ££^ h^utito aAi-
fi>r demt^s according to this act, the person or persons superintending the said work
ahall at any time after the completion of such portion of the improvement of the said
navigation, upon the notice or request in writing of the proprietor of such lands, or his
agent li^lly authorized, to appoint an arbitrator, who, at a day to be named in such
notice, shall attend upon the premises in question, to meet an arbitrator to be appointed
by such claimant, and such two arbitrators shall and may, before jHroceeding to consider
the claim, appoint a third arbitrator, which three arbitrators being first sworn by some one
of his Majesty's justices of the peace, then there present, to give a just and true award
upon the claim submitted to them, shall, upon the statements of the parties and view of
the premises, and upon the testimony of witnesses to be examined upon oath or affirmar
tsoo, if either party shadil require it, (which oath or affirmation anyone of the said
arbitrators is hereby authorized to administer,) make their award in writing, under their
hands, of the amount of damages to be paid to such claimant.
XVI. And be it further enacted by the authority aforesaid. That if either the person
or persons superintending the said work, or the narty claiming damages as aforesaid, shall ^!!^nodee tb
decline to abide by any such award, such refusal shall be declared in writing withhi ten uU oOieir pw^
Witneues to be
Party deeliniiyr (o
•bide hj rnwan^ to
tbeieofto
to
days after such award, and damages u])on such claim shall be thereafter assessed in manner
following, but at the sole expense of the party refusing to abide by such award.
XVIL And be it further enacted by the authority aforesaid, That in all cases in which
awards shall be made, to which either party shall refuse to conform as aforesaid, it shall
and may be lawful for the party dissenting from such award, to serve (m the other party a
notice in wricinit, appointing a day, not &ss than thirty days from the time of serving
auch notice, for having the damages for which he is entitled to claim compensation, accord-
ing to this act, assessed, in the manner hereinafter provided, and that the paity giving
such notice shall also specify some day therein, which shall be at least ten days before
the day appointed for such assessment, and not less than ten days from the time of serving
such notice, at which he will attend at the office of the sheriff of the district of Bathurst,
for the purpose of striking a jury to assess the Hamages so claimed as aforesaid.
XVIII. And be it further enacted by the authority aforesaid, That on the day so
appointed as last aforesaid, the parties, their attornies or agents, shall attend at the sheriff's
office, and that the sheriff shall, at the hour of one o'clock in the afternoon, proceed in the
presence of the parties, or such of them, their attorney or agent, as may be present, to
select the names of twenty-one persons from among those qualified to serve on special
juries, and in the manner directed by law for selecting special juries ; and that the names
of such twenty-one persons so drawn being fairly written out by such sheriff, each party,
or his attorney or agent, attending for that purpose, shall alternately strike off cme, that
party beginning at whose instance such jury is struck, until the whole number shsll be
reduced to seven, and that such seven persons shall be a jury for assessing the damages to
be paid to such claimant as aforesaid : Provided always. That in case either party shall
omit to attend personally or by agent at the time appointed, the sheriff or his deputy shall
strike in behalf of such person not attending.
XIX. And be it further enacted by the authority aforesaid, That the seven persons so
struck to serve as aforesaid, shall be summoned by the sheriff to attend upon the premises
in respect to which the damages are claimed as aforesaid, giving not less than ten days'
notice of such attendance, and that the sheriff or his deputy shall also attend at the time
so appointed, and shall* administer to the five persons who shall first answer, upon beiAg
called in the order in which they shall stand upon the original list, the oath following, that
is to say : '^ I, A. B., do swear that I will well and truly assess the damages upon the claim
of C. D., according to the act in that behalf;" and thereupon the said jury, having viewed
the premises, and received the testimony upon oath or affirmation of such witnesses as
shall be brought before them, (which oath or affirmation the said sheriff or his deputy is
hereby authorized to administer,) shall deliver their verdict, by the opinion of the ma-
jority of such jury, of the amount of damages to be paid to such claimant.
XX. And be it further enacted by the authority aforesaid. That in estimating the claim
of any individual to compensation for property taken, or for damage done under the autho-
rity of this act, the arbitrators or juries assessing such damages shall take into their
consideration the benefit likely to accrue to such individual from the improvement of the
said navigation, by its enhancing the value of his property or producing other advantages ;
Provided always, nevertheless. That it shall not be competent to any arbitrators or jury
E?
ly tlie costs or
damsgesbyajuy.
Notice of „^
of dem^grs tobe ieireA
by perty dissentiiig
from any award, aoc
less than thirty days
from the time of dis-
seat being notified.
Jnry'to he struck at
the sheriff's eAee,
h^mL the epeeial jnry
Ust. ^
SheriiTtoi
persons wi
been stmck as juors.
Juror's oath.
Mode oT
damaces.
Digitized by
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iMi
C. 11.— PiBST Y«AR or WltMAM IV.— 18S1-
[FiKST SaMimr.
'«*y Mqoiriag jnty,
to payMi tiM ezpeuM.
PenoBt nikyor wil-
fvHj wjuriog tli«
works, to be pmitbod
m§ot% '
• Penalty for obetmeting
ihe neTigatioa.
Penalty for flaoing or
learrins boatt, he. in
the faU narigation.
Boatt nay be seised,
uloaded, and detained
Snaken boats to be im-
■Mdiately weighed by
the owners.
Persons inhabiting the
banks of the rirer mar
ply thereon with their
beats for the pnrposes
ofhttsbandiT, but not
to pass loeks withoat
Powers giren to the
company to enter npon
adiaoent lands, and
taie aaterials for the
repair of sndden inju-
ries by floods or other-
wue.
. ee to be
Bade for damages done.
to direct any individual claiming as aforesaid^ to pay a sum in consideration of such advan-
tages over and above- the amount at which the damages of such individual shril be
estimated;
XXI. And be it further enacted by the authority aforesaid, That the party desiring
such jury to be summoned, shall pay to the sheriff, for striking and summoning the same,
and for attending and taldng the verdicts, the sum of two pounds, and to each juiyman
attending in pursuance of such summons, the sum of ten shillings.
XXII. And be it further enacted by the authority aforesaid. That if any person or per-
sons shall wilfully or maliciously break down, damage, or destroy, any bank, lock, gate,
sluice, or any works, machine, or device, to be erected or made by virtue of this act, or
do any ottier wilful act, hurt, or mischief, to disturb, hinder, or prevent, the carrying into
execution, or completing, supporting, or maintaining the said navigation, every sudb jpersoo
or persons so offending shall be deemed euilty of a misdemeanor.
XXIII. And be it further enacted by the authority aforesaid, That if any person shall
float any timber upon the said navigation, or shall suffer the overloading of any boat, or
vessel, or raft, navigating in or upon the navigation of the said river, so as by such over>
loading the same, to obstruct the passage of any other boat, vessel, or raft, and shall not
immediately, upon due notice eiven to the owner or person having the care of sach boat,
vessel, or raft, so obstructing the passage aforesaid, remove the same, so as to make a free
passage for other boats, vessels, or rafts, every such owner, or person floating such timber,
or having the care of such boat, vessel, or raft, so obstructing the passage as aforesaid,
shall forfeit and pay for every such offence the sum of five pounds ; and if any person
shall throw any ballast, gravel, stones, or rubbish, into any part of the said navigation,
every such person shall for every such offence, forfeit a sum not exceeding five pounds.
XXIV. And be it further enacted by the authority aforesaid. That if any boat, vessel,
or raft, shall be placed in any part of the navigation of said river, so as to obstruct the
same, and the person having the care of such boat, vessel, or raft, shall not immediately,
upon the request of any of the persons employed by the said company^ remove the same,
he shall for every such offence forfeit a penalty of ten shillings for every hour such
obstruction shall continue ; and it shall be lawful for the agents, toll gatherers, or others
employed by the said company, or person or personiB by them appointed to the chaige of
said works, to cause any such boat, vessel, or raft, to be unloaded, if necessary, and to be
removed in such manner as shall be proper for preventing such obstruction in the naviga-
tion, and to seize and detain such boat, vessel, or raft, and the cargo thereof, or any part
of such cargo, until the charges occasioned by such unloading and removal are paid, and
if any boat or vessel shall be sunk in any part of the said navigation, and the owner or
owners, or the person or persons having the care of such boat or vessel, shall not withoat
loss of time weigh or draw up the same, it shall be lawful for the agents, toll gatherers,
or other persons employed by the said company, to cause such boat or vessel to be weighed
or drawn up, and to detain and keep the same until payment be made of all expenses
necessarily occasioned thereby.
XXV. And be it further enacted by the authority aforesaid^ That it shall and may be
lawful to and for the owners and occupiers of any land adjoining to the said river or navi-
gation, to use any boats thereon for the purpose of husbandry, or for conveying cattle
from one farm, part of a farm, or lands, to any other farm or lands of the same owner or
occupier, not passing through any lock without the consent of the person or persons in
charge for the time being, without inten*uption, and without paying any rate or duty for
the same,^ so as the same be not made use of for the carriage of any goods, wares, or
merchandize to market, or for sale, or for any person or persons for hire, and shall not
obstruct or prejudice the said navigation or the towing paths thereof.
XXVI. And whereas it may hereafter happen from floods, or from unexpected acci-
dents, that wears, gates, dams, banks, reservoirs, trenches, or other works of the said
navigation, may be damased or destroyed, and the adjacent lands or the property thereon
thereby damaged, and that it may be necessary that the same should be immediately
repaired or rebuilt, to prevent further damages ; be it further enacted by the authority
aforesaid, That when and so often as any such case may happen, it shall be lawful for any
person or persons employed by the said company, from time to time, without any delay
or interruption from any person or persons whomsoever, to enter into any lands, grounds,
or hereditaments, adjoining or near to the said navigation or branches, reservoirs or
trenches, or any of them, (not being an orchard, garden, or yard,) and to dig for, work,
get, and carry away, and use, all such stones, gravel, and other materials, as may be
necessary or proper for the purposes aforesaid, without any previous treaty whatsoever
with the owner or owners, occupier or occupiers of, or other person or persons interested
in, such lands, erounds, or hereditaments, or any of them, doing as little damage thereby
as the nature of the case will admit of, and making recompense for such damages to the
owner or owners of, or other persons interested in, such lands, grounds, property, or
Digitized by VJrUUy IC
£x«KTSirrH Pajkliamjeiit.] C. ll« — ^PmsT Ybab of Wiuliam IV. — 18S1.
hereditaments, within the space of six calendar months next after the same shall have
been demanded, for all damages which shall or may be done by means of such accident,
and means of the digging for, getting, working, taking, carrying away, and using such
stones, gravel, aud materials, or any of them, which damages, and the satisfaction and
recompense in respect thereof, shall be settled, adjusted, ascertained, and determined, by
the ways and means hereinbefore described with respect to the other damages done by
the making and completing the said navigation.
XXVil. And be it further enacted by the authority aforesaid, That the person or per-
sons employed by the said company shall and may, in such parts of the said navigation as
shall not be of sufficient breadth for admitting a boat, vessel, or raft, to turn about or lie,
or for two boats, or other vessels or rafts to pass each other, to open or cut proper places
or spaces in the lands adjoining to the said navigation, at convenient distances from each
other, for the turning, lying, and passing of any such boat, vessel or raft, and that the said
boats, vessels, and rafts, being hauled or navigated upon the said river shall, upon meeting
any other boat or vessel, stop at, or go back to, and lie in, the said places or spaces, in
such manner as shall be notified by the person or persons in charge of such navigation.
XXVIIL And for preventing disputes touching the tonnage of any boat, barge, or other
vessel, navigating upon the said river, be it further enacted by the authority aforesaid.
That the owner or master of every such boat, barge, or vessel, shall permit and suffer
every such boat, barge, or vessel, to be gauged or measured, and refusing so to permit and
suffer, shall forfeit and pay the sum of forty shillings ; and it shall be lawful for the toll
gatherer, or such other person or persons as shall be appointed for that purpose, and such
owner or master, each to choose one person to measure and ascertain such tonnage, and
to mark the same on such boat, barge, or other vessel, which mark shall always be evi-
dence of the tonnage, in all questions respecting the payment of the aforesaid rates or
dues, and if such owner or master shall refuse or decline to choose a person on his behalf
as aforesaid, then the person appointed on behalf of the company shall have alone the
power of ascertaining such tonnage.
XXIX. And be it further enacted by the authority aforesaid. That all persons whatso-
ever shall have free liberty to use with horses, cattle, and carriages, the roads and ways
to be made as aforesaid, (except the towing p^ths,) for the purpose of carrying any goods,
wares, merchandize, timber, and commodities, whatsoever, to and from the said navigation ;
and also to navigate on the said river improvement with any boats^ barges, vessels, or
rafts, and to use the said wharves and quays for loading and unloading any goods, wares,
merchandize, timber, and commodities ; and also to use the said towing paths with horses,
for drawing and hauling such boats and vessels, upon payment of such rates and dues as
shaU be established by the said company.
XXX. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for the said company to take, occupy, use, and enjoy, such lands along the said
navigation, for the purposes of a towing path, and for the security and convenience of the
several locks and dams, as to the directors shall seem necessary : Provided always, That
the said towing path does not exceed forty feet in width, and the ground so taken at each
dam and lock shall not embrace a greater quantity than one acre on each side of the said
navigation ; and, Provided also. That the value of the lands so taken shall be ascertained
and compensated for in the manner hereinbefore prescribed for the payment of lands taken
for the other purposes of this act.
XXXI. And be it further enacted by the authority aforesaid, That in case of refusal or
neglect of payment of any such rates or dues, as may be imposed by the said company, as
aforesaid, for passing along the said navigation, or of any part thereof, on demand, to the
person or persons appointed to receive the same, such person may in his own name sue
for and recover the same in any court having jurisdiction thereof, or the person or persons
to whom the said rates or dues ought to be paid may, and be is, and they are, hereby
authorized and empowered to seize and detain such boat, vessel, barge, or raft, for or in
respect whereof such rates or dues ought to be paid, and detain the same until payment
thereof.
XXXII. And be it further enacted by the authority aforesaid. That all penalties and
forfeitures for offences against this act, or against any rule, order, or by-law of the said
company, or person or persons appointed by the said company, to be made in pursuance
thereof, shall, upon proof of the offences respectively, before any two justices of the
peace for the district in which such offence has been committed, either by the confession
of the party or parties, or by the oath of one credible witness, be levied by distress and
sale of the goods and chattels of the parties offending, by warrant under the hand and seal
of such justices, and the overplus, (if any,) after such penalties and forfeitures, and the
charges of such distress and sale, are deducted, shall be returned upon demand to the
owner or owners of such goods and chattels ; and in case sufficient distress cannot be found,
or such penalties and forfeitures shall not be forthwith paid, it shall be lawful for such justices,
SpMM may be catk
Um bttDk «t conreaieBt
dUtaiiees» for boat* to
im\
All hosts to be ganged
or meesared, to mscer-
tmm their tonnage.
Ditimtesto be settled
by arbitntioB.
AH |»ertoB« may use
theaaid improrementa,
npon payment of the
eatabUaheddnea.
Company tm take
sufficient land lor tow*
ing paths, &c.
Towing paths not to
exceed wrty feet in
width.
Lends to be paid for.
Company may either
sae or distrain for dvea.
How penalties to be
levied.
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C. ll.~FiBW YwuoL or WthMOAM IV.— 1831.
(Fow
Iheir
muk offender or cikmAuBio be
kgrvemAt
toiha
time as ouch juatiees ^ , ^ . . . . ,
iMfeiiures, end all reaaooiMe obarges atteodtng the same, shall be sooner paid
Appioprutioii of peaal-
tlM.
Poir«ri icircB to tlM
eompany to eztoad to
their •erranti.
Povon aid piiTilogM
honby mBtad to ox-
toad to tbe bodoCtlio ri-
Tor T«y, where it ■hall
be improred u well m
to the ezcarmtioii on
An aetione to he
bnmriit within six
moauifl.
OoQenl iftoa maj he
pteided.
Pnblic act
When toUa exceed
twenty per cent legii-
latne may regulate the
FerriM maybe estab-
lished aerof s the ri^er,
if foond necetiary.
Bridget may be ereet-
ed, hot not to occaaton
^ineonrenience to the
Bav%a|ion.
Hit Bf^jeaty may, after
fifty yean from the
completion of the work,
Mfome the taid nari-
cation, npon paying
and seals, to 4
g^ of sueh district, there to remain without t>ail or mainprise, for eoeh
latiees may direct, not exceeding twenty dajs, unless such penalties aad
XXXUl. And be it further enacted by the authority aforesaid, That all penalties imposed
by this act, when levied and satisfied in manner aforesaid, shall be pMd to the s«d jostiees,
to be by them transmitted to hb Majesty's receiver general ot this province, to be accoanled
for to his Majesty through the lords commissioners of his Majesty's treasury for the time
bejng*
XXXIV. And be it further enacted b/^the authority aforesaid, That ril $aA sfaignlar
the powers and authorities dven by Uus act to the sud company, or to the penon or
persons to be employed by them in superintending the construction of the said navigation,
or to the person at any time hereafter in charge thereof, shall extend, so far as may be
required for the purposes ot this act, to all nod every the persons employed or to be
enqiloyed in the execution of any matter authorized to be done by this act
XXXV. And be it further enacted by the authority aforesaid, That all and evety the
powers, authorities, and privileges, by this act given, relating in any manner to the
improvement of the said river intended to be made as aforesaid, filiall extend and epply to
Uiat part of Uie navigation to be made or improved which shall lie along the said river, as
well as to such parts as shall require to be wholly made and excavated through lands
affording now no natural channel.
XXXVI. And be it further enacted by the auAority aforesaid. That if any plaint riiaD
be brought or commenced against any person or persons for any thing done or to be done
in pursuance of this act, or in execution of the powers and authorities, or the orders and
directions, hereinbefore given or granted, every such suit shaU be brought or commenced
within six calendar months next ^er the doing orx^ommitting of such damages shall cease,
and not afterwards; and the defendant or defendants in such action or suit shall and may
plead the general issue, and give this act and the special matter in evidence, at any trial
to be had thereon, and that the same was done in pursuance and by the audiority of thiB
act; and if it shall appear to be done so, or if any action or suit shall be brou^t after the
time hereinbefore limited for bringing the same, then a verdict shall be given for the
defendant.
XXXVU. And be it further enacted by the authority aforesaid. That this act shall be
deemed a public act, and shall be judicially noticed as sueh in the several courts in this
province.
XXXVIII. And be it further enacted by the authority aforesaid, That whenever it AaU
appear that the tolls received by the said Tay navigation company in any one year shall
exceed twenty per cent, on the capital invested, it shall and may be lawful for the legisla-
ture of this province to regulate the tolls to be received by the said company, in such
manner as to them may appear just, by any act to be passed for that purpose.
XXXIX. And be it further enacted by the authority aforesaid, That notwitl»tanding
any thing in this act contained, it shall and may be lawful to authorize one or more public
ferry or ferries across the said river, if the same shall appear expedient, and to erect,
maintain, and use such bridge or bridges over the said river, and to make and use such
highways leading to and from the same, as shall be found necessary for public convenience,
in the same manner as highwa3rs and bridges are constructed and made in other parts of
this province, and as if this act had not been passed : Provided always. That such hi^ways
and bridges shall be so constructed and made as to occasion no unnecessary inconvenience
to the said navigation.
XL. And be it further enacted by the authority aforesaid, That at any time after fifty
years after the making and completing the said navigation, his Majesty, his heirs and
successors, may assume the possession and property of the same, and of sll and every the
works and dependencies thereunto belongings upon paying to the said company, for the
use of the stockholders thereof, the full amount of their respective shares, or of the sums
furnished and advanced by each subscriber towards the making and completing the said
navigation, together with such further sum as will amount to twenty-five per cent, upon the
monies so advanced and paid, as a full indemnification to such company, and the said navi-
gation sfacdl, from the time of such assumption in manner aforesaid, appertain and belong
to bis Majesty, his heirs and successors, who shall from thenceforth be substituted in the
place and stead of the said company, upon the conditions and subject to the provisions of
any act of the legislature of this province, that may be passed of or respecting the same !
Provided always. That it shall not be lawful for his Majesty, his heirs or successors, at
any time after the expiration of the said fifty years, to assume the possession and property
of the said navigation, with its appurtenances as aforesaid, unless it shall appear from the
accounts of the said company, to be for that intent laid before the legislature, that the
-Digitized by VnOOV LC
^smnanB PaMliAbckitt.]
C. 18.-^FiUT Ymam of WiuiAM lY.— 1831.
stoeMwildtrg of tlie Mid company hare jpeoeived every year npoD an ayerage fhe stmi of
twelve pounds ten shUlingn for every hundred pounds they shall be possessed of in the
said coBC^n.
XLL And be it further enacted by the authmity aforesaid, That from and after the
period when the possession of the right, interest, and property, in and to the said tiavig»*
tkn, shall have been assumed by his Majesty, his heirs or successors, as hereinbefore
ai\thoriBed, all tolls and profits arising therefrom shall be paid in(o the hands of his Majesty's
receiver general, to and for the public uses of this province, at the disposition of the
legidature thereof, and shall be accounted for to his Majesty, his heirs and successors,
through the lords commissioners of his Majesty's treasury, in such manner and form, as his
Maiesty, Us heirs and successors, shall be graciously pleatfied to direct : Provided alwaysj
That the said navigation shall be commenced within one year^ and completed within seven
years, after the passing of this act; otherwise this act, and every matter and thing herein
contained, shall cease, and be utterly null and void.
XLII. And be it further enacted by the authority aforesaid, That if within two months
after the passing of this act, it shall be ascertained by the governor, lieutenant governor^
or person administering the government of this i»rovince, that the officer superintending
the construction of the Rideau canal is instructed to undertake the improvement of the
navigation of the river Tay, or deems it expedient that the same should be undertaken by
bis Majesty's government, under authority given by the twenty-fifth section of the act
passed in tbp ^ghth year of his late Majesty's reign, then it shall and may be lawful for
the governor, lieutenant governor, or person administering the government of this province,,
by proclamation, to be issued by and with the advice of the executive council thereof, to
suspend the operation of this act, and from thenceforth it shall cease to have any force or*
effect, any thing therein contained to the contrary notwithstanding.
Alter hit Majeftjtiuai
hare SMomea tb« pot.
setsioQ of die taid oatI-
gation, toUa to ht fftdd
to the reeeirer general.
Bo#<o b« aoeMnitod
for.
If within tiro inontht
from the pnuing of thia
aottf'tho gorenordudl
ascertain that the oA»
eer mperintending the
it expedient to
improTo the uavigatien
of the Tay, on behalf of
lilf Majcfty*! govem-
afteat, the sane shall be
decfaved by proelama-
tioa» whereapon this
afCt shaU oesse to hare
anyelbet
Preamble:
Chapielr XII.
An act to incorporate certain persons under the style and title of the Marmora Pottndery
Company,
(Passed Mareh 16, ISSI.]
Whsrbas Thomas Hetherington, Peter McGill, and Anthony Manahan, have by their
petition represented, that the said Thomas Hetherington is now the proprietor of the
establishment and manufactory situate in the township of Marmora, in the Midland district,-
commonly called and known by the name of " the Marmora iron works," and that the
said Thomas Hetherington is willing and desirous to depart with his sole property therein,
to a company to be formed and incorporated for the purpose of carrying on the said manu-
factory ; and whereas the said petitioners have prayed that they, together with such others
as shall become stockholders in the said company, may be incorporated for the said purpose ;
and whereas it is highly important to the public, that the said iron works and manufactory
should be conducted on an extensive scale, so that his Majesty's subjects in this province
may have a cheap and accessible market for the supply of iron wares, independent of any
foreign country ; and whereas the said petitioners have also represented that the said
company will be capable of furnishing such ordnance, military and naval stores, in the line
of their trade, as his Majesty's government may require in this province, in peace or war ;
and whereas it is expedient that the prosecution of the said manufactory and iron works
should be encouraged, and the prayer of the petitioners granted ; be it therefore enacted by
the King's most excellent Majesty, by and with the advice and consent of the legislativef
council and assembly of the province of Upper Canada, constituted and assembled by virtm
of and under the authority of an act passed in the parliament of Great Britiun, entitlea,
'^ An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's
reign, entitled, ^ An act for making more effectual provision for the government of the
province of Quebec, in North America, and to make further provision for the government
of the said province,' " and bv the authority of the same. That the said Thomas Hether-
ington, Peter M'Gill, and Anthony Manahan, and all such persons as hereafter shall become
stockholders in the said company, shall be and are hereby ordained, constituted, appointed,
and declared to be, a body corporate and politic, in fact, and by the name of ^^ the Mar-
mora Foundery Company," and by that name, they and their successors shall and majr
have continued succession, and by such name shall be capable of contracting and being
contracted with, of suing and being sued, pleading and being impleaded, answering and
being answered unto, in all courts and places whatsoever, in all manner of actions, suits,
complaints, matters, and causes ; and that they and their suecessors^nay and shall have a
common seal, and may change and alter the same at their will and pleasure, and also that
they and their successors by the same name of ^' the Marmora Foundery Company," shaH
be in law capable of purchasing, having, and holding, to them and their successors, any
71
Digitized by
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Powers of the eompa*
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G. 13.— First Ybar of Wklmam IV.— 18S1.
[FiBar SflMBOir,
Capital stock not to
exceed £60,000, in
shtfes of £12 lOf.
Books of tubteription
Co be<^p«ned.
Shares to be payable
bj ittstalmenta.
Calls to be adrertised.
Stock to be forfeited,
upon negieet to pay
instalments, when caU-
edfor.
Stock to he tnnsfen-
Upon £20,000 being
soDscribed, directors
Biaj be elected.
Fire directors to be
«hosen annoally, one of
•yrhomtobe president
Method «f ^roting for
directors.
estate, real, personal^ or mwed, to and for the use of the said company, and of letting,
convejing, or otiierwise departing therewith, for the benefit and on account of the saMl
compnij, from time to time, as they shall deem necessary and expedient.
II. And be it further enacted by the authority aforesaid, That the whole amount of
slock, estate, and property, which the said company shall be authorized to hold, including
the stock or shares hereinafter mentioned, shall never exceed in value fifty thousand
pounds, and that a share in the stock of the said company shall be twelve pounds t^
shillings, and the number of shares shall not exceed four thousand.
III. And be it further enacted by the authority aforesaid, That books of subaeription
shall be open within two months after the passing of this act, when, wh^re, and by such
person or persons, and under such regulations, as the majority of the said petitionets shall
direct and appoint.
IV. And be it further enacted by the authority aforesaid. That it shall and may be
lawful for any person or persons to subscribe for any number of shares, the amount whereof
shall be due and payable to the said company, in the manner hereinafter mentiocied ; that
is to say, ten per cent, on each share, so subscribed, shall be payable to the said company
immediately after the stockholders shall have elected the number of directors hereinafter
mentioned, and the remainder by instalments of not more tbin ten per cent, at such period
as the president and directors shall, from time to time, direct and appoint for the payment
thereof: Provided always, That no instalment shall be called for in less than forty days
after public notice shall have been given in the Upper Canada Gazette, and in some two
or more newspapers published in the said Midland district.
v. And be it further enacted by the authority aforesaid. That if any stockholder or
stockholders as aforesaid, shall neglect or refuse to pay to the said company, any instal-
ment due on any share or shares, held by him, her, or them, at the time required by law,
such stockholder or stockholders shall forfeit such share or shares, with the amount pre-
viously paid thereon, and the share or shares so forfeited, shall be sold for the best price
that can reasonably be bad for the same, in such manner as the directors of the said
company shall think fit, and the proceeds thereof, together with the amount previously
paid thereon, shall be accounted for and applied in like manner as any other funds of the
said company : Provided always. That such purchaser or purchasers shall pay to the said
company the amount of the instalment required, over and above the purchase money of
the said share or shares, to be purchased by him, her, or them, as aforesaid, immediately
after the sale, and before a certificate of transfer of such share or shares shall be given.
VI. And be it further enacted by the authority aforesaid. That after the first instalment
shall be paid as aforesaid, on the respective share or shares of the said stock, the said
share or shares shall become transferable on the books of the said company.
VII. And be it further enacted by the authority aforesaid. That so soon as twenty
thousand pounds shall have been subscribed, it shall and may be lawful for such subscri-
bers, or any gf them, to call a meeting at some place to be named, in the town of Belleville,
for the purpose of proceeding to the election of the number of directors hereinafter
mendoned, and such election shall then and there be made by a majority of shares, voted
for in manner hereinafter prescribed, in respect of the annual election of directors, and
the persons then and there chosen shall be the first directors, and be capable of serving
until the first Monday in August succeeding their election, and the directors so chosen,
shall, so soon as a deposit amounting to one thousand pounds upon the shares subscribed,
as aforesaid, shall be paid to the said directors, commence the business and operations of
the company : Provided always. That no such meeting of the subscribers shall take place,
until a notice thereof shall bav« been published in the Upper Canada Gazette, and in
some two of the newspapers printed in the said Midland district, at the distance of not
less than thirty days previous to such meeting.
VIII. And be it further enacted by the authority aforesaid, That the stock, property,
affairs, and concerns of the said corporation, shall be managed by five directors, one of
whom shall be chosen president by the directors, which said directors shall be stockhold-
ers, holding at least ten shares in the stock of the said company, and shall hold their offices
for one year, and be elected on the first Monday in August in each and every year, at
such place in the said Midland district, as the majority of the directors for the time being
shall appcHut, and public notice shall be given by the said directors in the Upper Canada
C«azette, and in some two of the newspapers printed in the said Midland district, of such
jAaee and the time of such election, not more than sixty nor less than thirty days ]H«vious
to 0ttch election, and the said election shall be held and made by such of the stockholders
of the said company as shall attend for that purpose in person or by proxy, and such
election iriiall be madeJiy ballot, and the five persons having the greatest majority of votes
shall be directors ; and if it should happen at any election that two or more persona have
an equd number of votes, so as that a greater number than five shall appear to be elected,
than the said stoiskholders so authorized to hold such election, shall proceed to ballot a
Digitized by VnUO^ IC
ESliETENTH PARLTAHSirr.]
C. IS.— First Ybab of Wilmam IV.— 1831.
sa
second time, land by a majority of votes determine which of the said pereons^ so having an
equal number of votes, shall be the director or directors, so as to complete the number of
five, and the said directors, so soon as may be after such election, shall proceed in l^Le
manner to elect by ballot one of their number to be president ; and if any vaeancy should
at any time happen among the said directors, or in the office of president, by death, resig-
nation, or departure with the said qualification of holding the number of shares required
as aforesaid, such vacancy or vacancies shall be filled -for the remainder of the year in
^which they shall happen, by a person or persons holding the requisite number of shares
aforesaid, to be nominated by a majority of the said directors.
IX. And be it further enacted by the authority aforesaid, That in case it shall happen
at any time or times hereafter, that an election of directors should not be made on any
day when^ pursuant to this act, it ought to have been made, the said company shall not
for that cause be deemed to be dissolved, but it shall and may be lawful on any other day
to hold and make an election of directors^ in such manner as shall have been regulated by
the laws and ordinances of the corporation.
X. And be it further enacted by the authority aforesaid, That the directors, for the
tin^e being, or a major part of them, shall have power to make and subscribe such rules,
orders, and regulations, as to them shall appear needful and proper, touching the manage
ment and disposition of the stock, property, estate, and efiects of the said corporation, and
touching the duty and conduct of officers, clerks, and servants, employed by the said
company, and all such other matters as shall appertain to the business of the said corpora-
tion, and shall also have the power of appointing as many officers, clerks and servants,
factors and agents, for carrying on the said business, and with such salaries and allowances,
as to them shall seem meet : Provided always, That such rules and regulations be not
repugnant to the laws of this province.
XI. And be it further enacted by the authority aforesaid. That it shall be the duty of
the directors to make half yearly dividends of so much of the profits of the said company
as to the majority of them shall seem advisable ; and that once in every three years, or
oftener, if thereto required by any number of stockholders holding at least one third part
of the shares or stock which shall then be subscribed for and taken up, an exact and
particular statement of the debts and credits of the said company, together with all other
information concerning the aflairs of the said company, within the knowledge or power of
the said directors, which shall be required by any number of stockholders holding as
aforesaid the third part of the stock then subscribed, shall be rendered and exhibited.
XIL And be it further enacted by the authority aforesaid, That each stockholder shall
be entitled to a number of votes, proportioned to the number of shares, which he or she
shall have held in his or her own name at least three months prior to the time of voting,
(except at the first election,) according to the following rates, that is to say; at the rate
of one vote for each share, not exceeding four, five votes for six shares, six votes for eight
shares, seven votes for ten shares, and one vote for every five shares above ten.
XIII. And be it further enacted by the authority aforesaid. That nothing herein con-
tained shall affect in any manner or way whatsoever the right of his Majesty, his heii«
and successors, or of any person or persons, bodies politic or corporate, except as is herein
expressly provided.
XIV. And be it further enacted by the authority aforesaid. That this act shall be
deemed and taken to be a public act, and as such shall be judicially noticed by all judges,
justices of the peace, and other persons, without being specially pleaded.
XV. And be it further enacted by the authority aforesaid, That nothing in this act shall
interfere with, or in any manner affect, the private vested right of any person or persons
whatsoever.
Corporation not diBsol-
Ted by neglect to
cboote directors on the
day appointed.
Directors may make-
by-laws.
Directors to declare all
dividends, and to make
a statement of the af-
fairs of the company to
the stockholders.
Stockholders to rote
according to
shares.
The King's rights, and
allpriTate iights,saTed.
This to be
public act.
Chapter XIII.
An act to incorporaie the Niagara Harbor and Dock Company.
[Passed March 16, 18S1.]
Wherbas James Muirhead, Robert Dickson, Thomas Butler, Daniel M'Dougal, Ralph Preamble
Morden Crysler, William Duff Miller, Lewis Clement, John Crooks, Thomas M'Cormick,
James Lockhart, and Robert Kay, and others of the town and neighborhood of Niagara,
have by petition prayed to be incorporated as a joint stock company, for the purpose of
constructing, erecting, and managing a harbor, wharf, dry and wet docks, in conjunction
with an iron marine railway, for the constructing, repairing, and refitting any shipping,
vessels, or crafts, navigating lake Ontario, at the mouth of the Niagara river ; and whereas
it is expedient to incorporate the said petitioners for the purposes hereinafter men«
tioned ; be it therefore enacted by the King's most excellent Majesty, by and with
the advice and consent of the legislative council and assembly of the province of Upper
Digitized by
Google
C. IS.— FiitsT Ybab of WtvuAU IV.— 1831.
[Fun
The Ntagani haribor
•nd dock eompaiijr in-
corponled.
peMnlpowen.
Gon|Muij tntliorimed
toconftrvet • liarbor,
^c, at NiaganL
of MT
pfopttty «poa which
l«^be auMie, fbr Om
pariehMe thereof* or for
aaanaget done hj the
Arbitrators may be a|>-
pointed to settle all
difference* between
the company and indi-
viduals.
Awaid may be made a
nle of the eoart of
Kiag^a bench.
GupiMbi, pwrtJtuteJ aad MfemUed by virtue of and ui^dor die authoijlir of an aet j,
IB the parliament of Great Britaiiii entitled, ^^ An act to repeal certain parts of an act
paaaed in the fourteenth year of hi^ Majeaty'a reign, entitled, 'An act for roaking more
eiectual provision for the covemment of the province of Quebec, in North America, and
to make further provisi<m for the government of the said province,' " and by the authority
of the same, That the said James Muirhead, Robert Dickson, Thomas Butler, Daniel
M'Dougal, Ralph Morden Crysler, William Duff Miller, Lewis Clement, John Crodss,
Thomas M'Cormipk, James Lockhart, and Robert Kay, together with all such other
persons as shall become stockholders in such joint stock or capital, as is hereinafter meD-
tioned, shall be and are hereby ordained, constituted, and declared to be, a body corpontf
and politic in fact, by and under the name and style of ^' The Nia«nra Harbor and Dock
Company,'' and by that name they and their successors shall and may have .continoed
succession, and by such name shall be capable of contracting and being contracted niUi,
of suing and being sued, pleading and being impleaded, aoswerii^ and being answered
unto, in all courts and places whatsoever, in sdl manner of actions, suits, compLainta, asattere,
and concerns whatsoever, and that they and their successors may and shall have a comjnon
seal, and may change and alter the same at their will and pleasure ; and also that they
and their successors by the same name of '^ The Niagara Harbor and Dock Comjiany,"
shall be by law capable of purchasing, having, and holding, to them and their sueeeasors,
any esiate, real, personal, or mixed, to and for the use of the said company, and of ietciog,
conveying, and otherwise departing therewith, for the benefit and on account ot Ihe s»d
company, from time to time, as they shall deem necessary and expedient.
II. And be it further enacted by the authority aforesaid. That the said company
may be authorized and empowered at their own costs and charges to construct a
harbor and wharf and wharves, with a dry dock or railway, regulated for refitting and
lepairing all ship[Hng at Niagara aforesaid, which said wharf or wharves, havfaor and dry
dock, or railway, shall be accessible to, and fit, safe, and commodious for the reception o(,
such description and burthen of sail or steam vessels as now navigate lake Ontario ; and
also to erect and build all such necessary and needful moles, piers, wharves, break-waten,
or other erections or constructions whatsoever, as shall be useful and proper ibr the purpo-
ses aforesaid, and the protection of the harbor, wharf or wharves, docks or railways, wni
(or the accommodation and convenience of vessels entering, lying, loading and unloading,
repairing, refitting, or laying up in the same, and to alter, amend, repair, and enlarge the
said harbor, wharf or wharves, and docks or railway, as aforesaid, as may from time to
time be found necessary and expedient.
III. And be it further enacted by the authority aforesaid. That the directors of the said
company may be empowered to contract, compound, comprcmiise and agree with the
owners or occupiers of any lands or private easements, rights, or privileges, upon which
they nuiy determine to dredge, cut, and construct the said harbor, with «& necessary and
convenient roads, streets, and approaches thereto, to be made and construeted, either by
purchase of so much of the said land, or private easements and privileges, as they shall
require for the purposes of the said company, or for the damages which he, she, or they,
shall and may bis entitled to receive of the said company in consequence id the said
intended harbor, roads, streets, and approaches thereto, being cut, made, and eoostracteil,
in and upon his, her, or their respective lands ; and in case St any disa^eement between
the said directors, and the owner or owners, occupier or oeoupiers, aforesaid^ it ahail 906
^ay be lawful from time to time, as often as the said directors shall think fit, ibr cMch
owner or occupier so disagreeing with the said directors, either upon the value of the
lands and tenements, or private privileges proposed to be purchasetl, or upon the amount
of damages to be paid to them, as aforesaid, to nominate and appoint one or more indiSe*
rent person or persons, and for the said directors to nominate an equal number of indifferent
persons, who, together with one other person to be elected by ballot, by the persons so
nanicd, shall be arbitrators to award, determine, adjudge, and order the respective sums
of money which the said company shall pay to the respective persons entitled to receive
the same, the award of the majority of whom shall be final, and the said arbitrators shall,
and they are hereby required to, attend at some convenient place in the vicinity of the
said intended harbor, to be appointed by the said directors, after eight days' notice given
them for that purpose by the said directors, then and there to arbitrate, award, ^adjudge,
and determine, such matters and things as shall be submitted to their consideration by the
parties interested, and that each arbitrator shall be sworn before someone of his Majesty's
justices of the peace in and for the said district, any of whom may be required to attend
tho said meeting for that purpose, well and truly to assess the damages between the
parties, according to the best of his judgment : Provided always, That any award nsade
under this act shall be subject to be set aside on application to the court of kin^s bench,
in the same manner and on the same grounds, as in ordinary cases of submission by the
Digitized by
Google
£&«nFnrvp Pabliamsnt.] C. 13.*r^B8T Ys4ft of Wiuiam IV.— 1831. M»
partifift, ia miuch c«ae a refurenute may be iigaui iMde to aAitntjoa as Iie«wib0f0n ff^
vided*
IV. Aod be it fuither enacted bj the aathcMrityaibro8ud,T^ ^^^'^^StoUtt/'hu^
for the president and directors of the said company, from time to time, to regulate, fix, !^ ^
and establi^ the rates of wharCeige, tolls, dues, or duties, payable by persons nayigatipg
or owning rafts, vessels, boats, or other crafts, on lake Ontario, and which may from time
to time partake of the benefits and advantages of the said harbor, wharves, docks, or
railway, or of the store houses or other protections and erections for the safe keeping,
repairing, and refitting of all vessels, boats, crafts, and rafts, of any description, and of
goods, wares, and merchandize, shipped or unloaded within the limits established by this
act, and to alter the said tolls, dues, duties, and demands aforesaid, as they may deem
proper and expedient, and also for regulating the discharging of ballast, as well in the
said harbor as in the river immediately adjacent thereto, a copy of winch tolls, rates, and
dues, shall be affixed up in not less than three public places adjacent to the siiid baprboTi
and dodi^s, and railway, respectively.
V. And be it further enacted by the authority foresaid. That the said harbor, m<Amy SrwuS^ie'eoS
piers, wharves, and wet dock and dry dock, or railway, and all mateciala wbieb shall be fttaj.
from time to time got or provided for constructing, build^g, maintaining, or repairing (Alt
same, and the said tolls on goods, wanes, or merchandize, as heieinbefore mentioned,
shall be, and the same are, hereby vested in the said company and tbeur successors £mv
ever.
y 1. And be it further enacted by the authority aforesaid. That so sdoa as the said Period when the cam-
harbor, wharves, wet dock, and railway, shall be so far completed, as to be capaUe of SJSiuS.**^ **^
receiving, sheltering, and repairing vessels, the said company shall have fiill power and
authority to ask for, demand, receive, recover, and take the tolls and dues to be established
by virtue of this act, to and for their own proper use and benefit, on aU goods, merchant
dizes, and articles whatsoever, shipped on board or landed out of any vessel or boat
entering, using, or occupying the sajd harbcHr, wharves, wet dock, and railway, or any other
convenience, erection, or improvement, built, occupied, or owned by the said cmnptmy.
VII. And be it further enacted by the authority aforesaid, That the said cominmy, or ^I^JJi^etweMi^SB
their servants, or agents, at any time after the passing of this act, under and by virtue of terfiot m tiM inii|»-
its provisions, shall and may excavate, dig, dredge, construct, erect, and finish the said £!|^^Ki!ig!rti^^
harbor, wharves, wet dock, and railway respectively, or any of them, on any part or the huik^the Mid
portion of the land or beach lying immediately adjacent to the Niagara river, and betweea "^^'^'•
the feriy lot in the occupation of Andrew Heron, junior, in the rear of the present
government wharf and ware house, and the lot in the possession of Andrew Heron, senior, '
situate at the termination of King street, in the town of Niagara : Provided always. That
the said area or space between the said limits so defined, do not recede or extend in the
rear from the river further than the summit of the hill or bank adjacent ; and also that •
the said erections or constructions, contemplated by this act, shidl not in any degree
interfere with, or encroach on, any fee simple right or private easement or privilege of
any individual now holding and enjoying the same, or entitled thereto, without per*
mission first had and obtained, either by the consent of such owner or owners thereof, or
by virtue of reference authorized by this act
VIII. And be it further enacted by the authority aforesaid. That if any person or ^^> vMede, ud
peisons shall neglect or refuse to pay the tolls or dues to be collected under this act, it for 'vH^jm^ nt
shall and may be lawful for the said company, or their officer, derik, or servant, duly toUi.
appointed, to seize or detain the goods, vessels, or boats, on which the same shall be due
and payable, until such tolls shall be paid ; and if the same shall remain unpaid for the
space of thirty days next after such sei^mre, the said company, or their officer, clerk, or
servant, as aforesaid, may sell or dispose of the said goods, vessels, or boats, or such part
thereof as may be necessary to pay the said tolls or dues, by public auction, giving ten*
days' notice thereof, and return the overplus, if any, to the owner or owners thereof.
IX. And be it further enacted by the authority aforesaid. That the property, affidrs, ^TJ^^jT^
and concerns, of the said company, shall be managed and Conducted by seven directors, whereof to be the' pre-
one of whom shall be chosen president, who shall hold their offices for one year ; which *^y^
said directors shall be stockholders to the amount of at least four shares, and be elected
on the first Monday in June in every year, at Niagara, at such time of the day as a
majority of the directors for the time being shall appoint; and public notice thereof shall
be given in any newspaper or newspapers that may be published in the said district of
Niagara, at least thirty days previous to the time of holding the said election ; and the
said election shall be held and made by such of the stockholders of the said company as
shall attend for that purpose in their own proper persons or by proxy, and all elections M«4eofciecUngdJiec-
for such directors shall be by ballot, and the seven persons who shall have the greatest
number of votes at any election shall be directors ; and if it shall happen at any such
election that two or more have an equal number of votes^ in such a manner that a greater
Digitized by
Google
StQ
C. 18.— FiMT Ybab op William IV.— 1831.
[First Sssnoir,
How TtetDeies oeear-
ting doriBg the year
antobeffiBad.
SCoekholden to hare
▼otes in proportion to
their shares m 'the ca-
pital stock.
Corporation not di»-
t<ATed bj nei^ect to
ehooeo direetora on the
daj appointed.
Directors may sake
by-hws.
First meetiaff of stock-
holders.
Capital stoek not to
exceed £25,(m.
Stock to be called in
by
Stock forfeited upon
de&nlt of payment of
instalments called for.
number of persons than seven shall, by a plurality of votes, appear to be chosen dfa-ectors,
then the said stockholders hereinbefore authorized to hold such election, shall proceed to
elect by ballot, until it is determined which of the said persons so having an equal number
of votes shall be director or directors, so as to complete the whole number of seven ; and
the said directors so chosen, so soon as may be after the said election, shall proceed in
like manner to elect by ballot one of their number to be president ; and if any vacancy
or vacancies shall at any time happen among the directors by death, resignation, or removal
from the province, such vacancy or vacancies shall be filled for the remainder of the year
in which they may happen, by a person or persons to be nominated by a majority of the
directors.
X. And be it further enacted by the authority aforesaid. That each stockholder shall
be entitled to the number of votes proportioned to the number of shares which he or
she shall have held in his or her own name, at least one month prior to the time of voting,
according to the following rates, that is to say ; one vote for each share, not exceeding
four ; five votes for six shares ; six votes for eight shares ; seven votes for ten shares ;
and one vote for every five shares over ten.
XI. And be it further enacted by the authority aforesaid. That in case it should at any
time happen that an election of directors should not be made on any day, when, pursuant
to this act, it ought to have been made, the said corporation shall not for that cause be
deemed to be dissolved, but it shall and may be lawful on any day to make and hold an
election of directors in such manner as shall have been regulated by the by-laws and
ordinances of the said corporation.
XII. And be it further enacted by the authority aforesaid. That the directors, for the
time being, or a major part of them, shall have power to make and subscribe such rules
and regulations as to them shall appear needful and proper, touching the management and
disposition of the stock, property, estate, and efij^cts of the said corporation, and touching
the duty of the officers, clerks, and servants, and all such other matters as appertain to
the business of the said corporation ; and shall also have power to appoint as many officers,
clerks, and servants, for carrying on the said business, with such salaries and allowances,
as to them shall seem fit.
XIII. And be it further enacted by the authority aforesaid. That on the fourth Monday
after the passing of this act, a meeting of^the stockholders shall be held at Niagara, who
in the same manner as hereinbefore provided shall proceed to elect seven persons to be
directors, who shall continue in such office until the first Monday in June next after their
election, and who during such continuance shall discharge the duties of directors in the
same manner as if they had been elected at the annual election : Provided always, That
if shares to the amount of one thousand pounds of the capital stock of the said company
shall not be taken, then the said meeting shall not be held until the amount of stock shall
have been taken up, and at least thirty days' notice thereof be given in any paper or
papers published in the district of Niagara.
XIV. And.be it further enacted by the authority aforesaid, That the whole capital or
stock of the said company, inclusive of any real estate which the company may have or
hold by virtue of this act, shall not exceed in value twenty«five thousand pounds, to be
held in two thousand shares of twelve pounds ten shillings each, and that the shares of
the said capital stock may, after the first instalment thereon shall have been paid, be
transferred by the respective persons subscribing or holding the same, to other person or
persons, and such transfer shall be entered or registered in a book or books to be kept for
that purpose by the said company.
XV. And be it further enacted by the authority aforesaid. That so soon as directors
have been appointed as aforesaid, it shall and maj be lawful for them to call upon the
stockholders of the said company, by giving thirty days* notice thereof in any paper or
'papers published in the said district of Niagara, for an instalment of ten per cent, upon
each share which they, or any of them respectively, may subscribe ; and that the residue
of the sum or shares of the stockholders shall be payable by instalments, in such time
and in such proportions as a majority of the stockholders at a meeting to be expressly
convened for that purpose shall agree upon, so as no such instalments shall exceed ten
per cent, nor become payable in less than thirty days after public notice in the paper or
papers as aforesaid : Provided always. That the said directors shall not commence the
construction of the said harbor, wharves, and docks, or railway, until the first instalment
shall be paid in.
XVI. And be it further enacted by the authority aforesaid. That if any stockholder or
stockholders as aforesaid shall refuse or neglect to pay at the time required, any such
instalment or instalments as shall be lawfully required by the directors, as due upon any
share or shares, such stockholder or stockholders, so refusing or neglecting, shall forfeit
such share or shares as aforesaid, with any amount which shall have previously been paid
thereon ; and that the said share or shares may be sold by the said directors, and the sum
Digitized by VnUOy IC
Elbtuvh Pabliamjbnt.]
C- 13.— PiHST Ykab of William IV.— 1831.
Wl
arising therefrom, together with the amount previously paid in, shall be accounted for and
applied in like manner as other monies of the said company : Provided always, That the
purchaser or purchasers shall pay the said company the amount of the instalment required^
over and above the purchase money of the share or shares so purchased by him, her,
or them, as aforesaid, immediately after the sale, and before they shall be entitled to the
certificate of the transfer of such shares, so purchased as aforesaid : Provided always,
That thirty days' notice of the sale of such forfeited shares shall be given in any news-
paper or newspapers published in the district of Niagara, and that the instalments due
may be received in redemption of any such forfeited share, at any time before the day
appointed for the sale thereof.
XVIL And be it further enacted by the authority aforesaid, That it shall be the duty
of the directors to make annual dividends of so much of the profits of the said company
as lo them, or the majority of them, shall seem advisable, and that once in each year an
exact and particular statement shall be rendered of the state of their affairs, debts, credits,
profits, and losses, such statements to appear on the books, and to be open to the perusal
of any stockholder, at his or her reasonable request.
XVIII. And be it further enacted by the authority aforesaid, That this act shall be
deemed and taken to be a public act, and as such shall be judicially noticed by all judges,
justices of the peace, and other persons, without being specially pleaded.
XIX. And be it further enacted by the authority aforesaid, That at any time after fifty
years after the making and completing the said harbor, his Majesty, his heirs and succes-
sors, may assume the possession and property of the same, and of all and every the work
and dependencies thereto belonging, upon paying to the said company, for the use of the
stockholders thereof, the full amount of the then respective shares, or of the sums
furnished and advanced by each subscriber towards the making and completing the said
harbor, wharves, wet dock and dry dock, or railway, together with such further sum as
will amount to twenty-five per cent, upon the monies so advanced and paid, as a fuU
indemnification to such company, and the said harbor, wharves, wet dock and dry dock,
or railway, shall from the time of such assumption in manner aforesaid, appertain and
belong to his Majesty, his heirs and successors, who shall from thenceforth be substituted
in the place and stead of the said company, upon the conditions and subject to the provi-
sions of any act of the legislature of this province, that may be passed respecting the
same : Provided always. That it shall not be lawful for his Majesty, his heirs or successors,
ait any time after the expiration of the said fifty years, to assume the possession and
property of the said harbor, wharves, wet dock, dry dock, or railway, with their appur-
tenances as aforesaid, unless it shall appear from the accounts of the said company, to be
for that intent laid before the legislature, that the stockholders of the said company have
received every year, upon an average, the sum of twelve pounds ten shillings for every
hundred pounds they shall be possessed of in the said concern.
XX. And be it further enacted by the authority aforesaid, That from and after the
period when the possession of the right, interest, and property, in and to thie said harbor,
wharves, wet dock and dry dock, or railway, shall have been assumed by his Majesty,
his heirs and successors, as hereinbefore 'authorized, all tolls and profits arising therefrom
shall be paid into the hands of his Majesty's receiver general, to and for the public uses
of this province, at the disposition of the legislature thereof, and shall be accounted for
to his Majesty, his heirs and successors, through the lords commissioners of his Majesty's
treasury, in such manner and form as his Majesty, his . heirs and successors, shall be
graciously pleased to direct : Provided always, That the said harbor, wharves, wet dock,
dry dock, or railway, shall be commenced within one year, and completed within five
yeai-s, after the passing of this act ; otherwise this act, and every matter and thing herein
contained, shall cease, and be utterly null and void.
XXI. And be it further enacted by the authority aforesaid. That all ships, vessels, rafts,
or other crafts, owned by, belonging to, or in the use and occupation of, the parent or
provincial government, shall from time to time have free access and privilege of occupancy
and sheltering under, and using the privileges, safeties, and advantages of the said harbor
and wharves, wet dock, dry dock, or railway, without being subject to any charge for
toll or dues whatsoever.
Dineion to decUure
the diTidends ; and to
render an aeeoont of
the aflkun of the eoni'
pany annaally to tho
•tockholdera.
ThU to be deemed a
pabUc act.
After fifty yean the
King may ataume the
posaeaaion of the har-
Dor, &c. on
therefor.
paying
Tdlla thereafter to be
paid to the reeeaver
general.
How to be aeeoonCed
for.
All goremmentTesaela
may «ae the harbor toff
freer
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a 14^-^Fian Yumm or Wumam IY.— 1831. [F:
CThapter XIV.
Af^«ato fiBpMm^aC^ pMMcl if» Me j^ Be^tUm of the sissih iH»rlkMe$d of Oth pro-
^inee, etMOed, ^ An act for graniing to kU Mq/eaiif a mm of money Uncords
defiraging tht ea^enses of the civil adminietfaiion of the govemmeni of thie promnee,^^
and for granting to hie Mqfeety a certain eum of money to be applied towarde the
paymeni of the eocpensea of the adminietraiion ofjusHce and the support of the citnl
govemmeni of this province,
[Puwd MftMk 16^ im.]
Most gracious Soysreion:
Whereas by a message transmitted to the house of assembly and legislatrre eouneil, by
his exceUency sir John Colborne, kni^t, commander of the most honorable military order
of the Bath) lieutenant governor, the intention of your Majesty is commanicated to the
provinoial parliament, of placing at the disposal of the legislature the revenues raised,
levied, and collected, under the imperial act of the fourteenth year of the reim of King
George the Third, entitled, ^' An act to establish a fund towards further defraying the
charges of the administration of justice and support of the civil government within fke
province of Quebec, in America," and exf»-essing your Majesty's earnest desire, that the
legislature would make provision for defraying such of the expenses of the civfl service
of the colonial government as ought not to be dependent upon annual votes ; and whereas
the revenue about to be placed under the control of the legislature has greatly increased
during the last seven years, and is constancy increasing, and amounts at this time to up-
wards of seventeen thousand five hundred pdlinds; and whereas the sum of six thousand
five hundred pounds, sterling, is required for the services hereinafter mentioned, which
it is expedient should be permanently provided for ; and whereas, by an aet in the fiflh
session of the sixth parliament of this province, entitled, ^^ An act for granting to his
Majesty a sum of money towards defraying the expenses of the civil administration
of the government of this province," the sum of two thousand five hundred pounds
was granted to his late Majesty, King George the Third, annually, in aid of the sup-
port of the civil government of this province, which it is expedient to repeal ; be it
therefore enacted by the King's most excellent Majesty, by and with the advice and
consent of the legislative council and assembly of the province of Upper Canada, consti-
tuted and assembled by virtue of and under the authority of an act passed in the parliament
of Great Britain, entitled, '^ An act to repeal certain parts of an act passed in the fourteenth
year of his Majesty's reign, entitled, ^ An act for making more efiectual provision for the
Svemment of the province of Quebec, in North America, and to make further provision
' the government of the said province,' " and by the authority of the same, That the
said act passed in the fifth session of the sixth parliament of this province, entitled, '^ An
. act for granting to his Majesty a sum of money towards defraying the expenses of the
civil administration of the government of this province," shall be, and the same is, hereby
repealed.
£8,soo itoiliiag gnat- I'* ^^^ ^ ^^ further enacted by the authority aforesaid. That there be annually granted
«dtohu MajMtj. to his Majesty, his heirs and successors, from and out of the rates and duties raised,
levied, and coUected, or hereafter to be raised, levied, and collected, to and for the public
uses of this province, and in the hands of the receiver general, and unappropriated, the
sum of six thousand five hundred pounds, sterling, which sum shall be applied for defraying
the charges hereinafter mentioned, that is to say : the salary of the lieutenant governor,
or person administering the sovemment of this province, two thousand pounds, sterling ;
the salaries of the judges of nis Majesty's court of king's bench, three thousand three
hundred pounds, sterling ; the salaries of the attorney and solicitor general, five hundred
pounds, sterling; the salaries of five executive coimcillors, five hundred pounds, sterling;
the salary of the clerk of the executive council, two hundred pounds, sterling ; and shall
be paid by the receiver general of this province, in discharge of any warrant or warrants
which shaU for that purpose be issued by the governor, lieutenant governor, or person
administering the government of this province, and shall be accounted for to his Majesty,
by his Majesty's receiver general of this province, through the lords commissioners of
his Majesty's treasury, in such manner and form as his Majesty, his heirs and successors,
shall be graciously pleased to direct.
Period wlien fliu aet m* And be it further enacted by the authority aforesaid, That this act shall come into
•hdi come into open- operation and take effect from and immediately after the revenues arising under the said
""* act passed in the fourteenth year of the reign of his late Majesty, George the Third, shall,
by act of the imperial parliament, or otherwise, be placed under the control of the parlia-
ment of this province*
toUi Geo. ui,e 28, re-
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SUBTXRTB pABUABCEjrr.]
C* 15.— First Year or Wii^mam IV.— 18SI.
89d
Chapter XV,
iln od fo repeal the laws now in force granting poundage to the receiver general, emd
to provide a salary for that officer, in Ken thereof
[Puaed Mareil 16, 1831.]
Whereas it is expedient to repeal the laws now in force ascertaining the rates which
the receiver general of this province shall he authorized to take and receive, to and for
his own use and benefit, out of the monies at the disposition of the parliament, passing
through his hands, and to provide a salary for that officer, in lieu thereof ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada, constituted and asseoii*
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^^ An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's reign, entitled, ^ An act for making more effectual provision for the govern-
ment of the province of Quebec, in North America, and to make further provision for the
government of the said province,' " and by the authority of the same, That so much of the
last clause of an act passed in the thirty-third year of the reign of his late Majesty, King
Geoi^e the Third, entitled, " An act to establish a fuither fund for the payment of the
salaries of the officers of the legislative council and the house of assembly, and for de-
fraying the contingent expenses thereof," as authorizes the receiver general of this province
to deduct from and out of the several sums of money by him received, the sum of three
pounds for every hundred pounds that maybe raised, levied, collected, and paid, by virtue
of the said act ; and also, an act passed in the forty-second year of the reign of his late
Majesty, King George the Third, entitled, ^'An act to ascertain and declare the rates
which the receiver general shall take and retain to his own use out of the monies passing
through his hands, which are subject to the disposition of the parliament of this province,
and to provide by law for the receipt and transmission of monies due to this province, for
duties collected in Lower Canada," be, and the same are, hereby repealed. . .
II. And be it further enacted by the authority aforesaid. That it shall and may be lawful
for the receiver general of this province to retain out of every hundred pounds, which
shall or may be paid by the said receiver general, or any other person authorized by the
government of Lower Canada to pay the same, as the proportion of duties due to this
province from Lower Canada, the sum of ten shillings, as a compensation for the charge
of agency in receiving and paying over the same : Provided always, and be it further
enacted by the authority aforesaid, That nothing herein contained shall extend, or be
construed to extend, to enable the said receiver general, under any other appellation,
title, pretence, or color, whatsoever, to take or retain to his own use, benefit, or emolu-
ment, any additional or other rate or rates, allowance or allowances, out of the moniesy
and for the services hereinbefore mentioned, than such as are hereinbefore specified, men-
tioned, and contained, any law, usage, or custom, to the contrary in any wise notwithstanding.
IIL And be it further enacted by the authority aforesaid, That from and out of the
rates and duties raised, levied, and collected, to and for the uses of this province, and in
the hands of the receiver general unappropriated, there be eranted to his Majesty, his
heirs and successors, the sum of seven hundred pounds, sterling, annually ; which siim
of seven hundred pounds, sterling, shall be appropriated, applied, and disposed of, in
payment of the salary of the receiver general of this province.
IV. And be it further enacted by the authority aforesaid, That the said sum of seven
hundred pounds, sterling, shall be paid to the receiver general of this province, in discharge
of such warrant or warrants as shall for that purpose be issued by the governor, lieutenant
governor, or person administering the government of this province, and shall be accounted
for to his Majesty by the receiver general of this province, through the lords commis-
sioners of his treasury for the time being, in such manner and form as his Majesty, his
heirs and successors, shall be graciously pleased to direct.
V. And be it further enacted by the authority aforesaid, That the salary granted by
this act shall take date and be payable from the first day of July, one thousand eight
hundred and thirty- one.
VI. Provided always, and be it further enacted by the authority aforesaid. That nothing
io this act contained shall extend, or be construed to extend, to prevent the receiver
general from receiving his usual poundage upon all monies passing through his hands,'
from the passing of this act to the first day of July next ensuing.
7^
Preimbl«.
Part of the 7Ui tectioii
of8SdOeo.IH, e 18^
and 4ad Qeo. UI, eS»
repealed.
One half per end. re-
eeiicaUe by- the feeei-
rer general, fior agenej.
JS^fW
700 sterling panted
ittoallyto hiaMajea-
, as the MJai? of the
generaL
receiTcr
How paid and aeeonnt-
edfor.
Salary to become paya-
ble l»t Jnly, 1881.
Usual pouadace
▼able until laC
18S1.
reeei-
JtUy.
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Google
SH
C. 16, ll.—FiRm Y«A» OF Wii^MAM IV.— 1881.
[FiBw Smmtomj
Preamble.
JS125 gimnled to hit
Majesty for former
■enricei, end jS76
granted annually, to
pay the nlary of the
elerk of the crown in
chanceiy.
No fees to be charged
by clerk of the crown
in chancery.
Soma gnnted how to
be aieeonntad for.
Act to continue in force
four yean.
Cliaptcr XVI,
Jln act to profride a salary for the derk of the crown in chancery y and to temuiMraU
him for past services,
[Paaaed March 16, 13S1.]
Most gracious Sotereign :
Whereas it is expedient to provide for the pajment of a salary to the clerk of the crown
in chancery, and to remunerate him for past services ; we, your Majesty's dutiful and
loyal subjects, the commons of Upper Canada, in provincial parliament assembled, beseech
your Majesty that it may be fenacted, and be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assemblea by virtue of and under the autbontj of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making
more effectual provision for the government of the province of Quebec, in Nortl^ America,
and to make further provision for the government of the said province,' " and by the
authority of the same, That from and out of the rates and duties raised, levied, and col-
lected, or hereaftcf to be raised, levied, and collected, to and for the uses of this province,
and in the hands of the receiver general, unappropriated, there be granted to his Majesty,
his heirs and successors, for the present year, the sum of one hundred and twenty-five
pounds, and annually, in each and every succeeding year, the sum of seventy-fivie pounds,
which said sums of one hundred and twenty-five pounds, and seventy-five poundb, shaU
be appropriated as follows, that is to say : to Samuel Peters Jarvis, esquire, for past ser-
vices as clerk of the crown in chancery, the said sum of one hundred and twenty-five
pounds ; to the clerk of the crown in chancery for the time being, annually, in each and
every year, the sum of seventy-five pounds ; to commence and be payable firom the first
day of January, one thousand eight hundred and thirty-one : Provided always, That the
said clerk of the crown in chancery shall not be entitled to receive any fees whatever for
the services which, by virtue of his office, he may be called upon to perform.
II. And be it further enacted by the authority aforesaid, That the said sums of one
hundred and twenty-five pounds, and seventy-five pounds, respectively, shall be paid by
the receiver general of this province, in discharge of such warrant or warrants as shall
for that purpose, from time to time, be issued by the governor, lieutenant governor, or
person administering the government of this province, and shall be accounted for to his
Majesty, his heirs and succe'^sors, through the lords commissioners of his Majesty's trea-
sury for the time being, in such manner and form as his Majesty, his heirs and successors,
shall be graciously pleased to direct.
III. And be it further enacted by the authority aforesaid, That this act shall eontinue
and be in force for four years, and from thence to the end of the then next ensuing session
of parliament, and no longer.
Preamble.
£20,000 to be raised
by debenture.
Chapter XVII.
An act granting to his Majesty a sum of money ^ to be raised by debenture^ for the im-
provement of roads and bridges in the several districts of this province.
[Passed Manh !«; ISSl.J
Whereas it is desirable and necessary to aiford aid towards repaiiing roads and
bridges in the several districts of this province ; may it therefore please your Majesty
that it may be enacted, and be it enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province of
Upper Canada, constituted and assembled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain parts'of
an act passed in the fourteenth year of his Majesty's reigq, entitled, ^ An act for making
more efiectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same, That it shall and may be lawful for the governor, lieutenant
governor, or person administering the government of this province, to authorize and
airort lii~> Majrf^ty's reoeivei gcncnd of this province to raise by loan, from any person or
per^ujiS, Ij.hIu < p' iil'»' cr c():]>oialc, who hjay be willing to advance the same upon the
credit of the government bills or debentures authorized to be issued under this act, a
sum of money not exceeding twenty thousand pounds, at a rate of interest not exceeding
six per centum per annum, to be applied to the said roads and bridges.
II. And be it further enacted by the authority aforesaid. That it ^all and may be lawful
for the receiver general, for the time being, to cause any number of debentures to be
made out for any such sum or sums of money, not exceeding in the whole the said sum
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ELCYKfTTH Parliament.]
C. 17.— First Year ot William IV.— 1831.
tsm
redeemed and
tares
indiBK to b
before puuameDt
yew.
iotcBttittobepMdlidf
of twenty thousand pounds, as any person or persons, bodies politic or corporate, shall
agree to advance on the credit of the said debentures, which debentures shall be prepared
and made out in such method and form as his Majesty's receiver general shall think most
safe and convenient, and that for each loan or advance, a debenture shall issue, bearing
date at the day on which the same shall be actually issued, conditioned for the paymeni
of the said sum of twenty thousand pounds, or such part thereof as shall be actually
received, and redeemable at a period not exceeding twenty years, and which debenture
or debentures shall and may be signed by the said receiver general of this province for
the time being.
III. And be it further enacted by the authority aforesaid, That the receiver general of Aceoant of thedebea-
this province for the time being shall, before each session of the parliament of this pro- *" "^ '
vince, transmit to the governor, lieutenant governor, or person administering the
government of this province, a correct account of the numbers, amounts, and dates of the
different debentures which he may have issued under the authority of this act, of the
amount of the debentures redeemed by him, and the interest paid thereon respectively,
and also of the amount of the debentures outstanding and unredeemed at the periods
aforesaid, and of the expenses attending the issuing the same, to be laid before the legis-
lature of this province.
IV. And be it further enacted by the authority aforesaid. That the interest growing
due upon the said debentures shall and may be payable in half yearly periods, to be
computed from the date thereof, and shall and may be paid on demand by the receiver
general of this province, for the time being, whose duty it shall be to have the same
endorsed on each debenture, at the time of payment thereof, expressing the period up to
which the said interest shall have been paid, and shall take receipts for the same from the
persons respectively ; and that the governor, lieutenant governor, or person administering
the government of this province, shall, after the first day of January and the first day of
July in each year, issue warrants to the receiver general for the payment of the amount
of interest that shall have been advanced, according to the receipts to be by him taken as
aforesaid.
v. And be it further enacted by the authority aforesaid, That a separate warrant shall
be made to the receiver general by the governor, lieutenant governor, or person adminis-
tering the government of this province, for the time being, for the payment of each
debenture, as the same may become due, and be presented, in favor of the lawful holder
thereof, and that such debentures as shall from time to time -be discharged and paid oSy
shall be cancelled and made void by the said receiver general.
y I. And be it further enacted by the authority aforesaid, That if any person or persons
shall forge or counterfeit any such debenture as aforesaid, which shall be issued under the
authority of this act, and uncancelled, or any stamp, endorsement, or writing thereon or
therein, or tender in payment any such forged debenture, or any debenture with such
counterfeit endorsement or writing thereon, or shall demand to have any such counterfeit
debenture, or any debenture with such counterfeit endorsement or writing thereupon or
therein, exchanged for ready money, by any person or persons who shall be obliged and
required to exchange the same, or by any other person or persons whomsoever, knowing
the debenture so tendered in payment or to be exchanged, or the endorsement or writing
thereupon or therein, to be forged or counterfeited, with intent to defraud his Majesty,
his heirs and successors, or the persons authorized to pay off the same, or any of them,
or any other person or persons, bodies politic or corporate, then every such person or
persons so offending, being thereof lawfully convicted, shall be adjudged a felon, and shall
suffer as in cases of felony without benefit of clergy.
Vlf. And be it further enacted by the authority aforesaid. That all such debentures,
with the interest thereon, and all the charges incident to or attending the same, shall be
and are hereby charged and chargeable upon, and shall be repaid and borne by and out
of the monies that shall come into the hands of the receiver general, to and for the public
use of this province, and at the disposal of the legislature thereof.
VIII. And be it further enacted by the authority aforesaid. That the sum of money
herein authorized to be raised by loan, shall not be subject to any deduction of poundage
for the receiver general of this province, any law, usage, or custom, to the contrary not-
withstanding.
IX. And be it further enacted by the authority aforesaid. That at any time after the
said debentures, or any of them, shall respectively become due, according to the terms
thereof, it shall and may be lawful for the governor, lieutenant governor, or person admi-
nistering the government of this province, if he think proper so to do, to cause a notice
to be inserted in the Upper Canada Gazette, requiring all holders of said debentures to
present the same for payment, according to this act ; and if, after the insertion of the said
notice for three months, any debentures then payable shall remain out more than si3(
months from the first publication of such notice, all interest on such debentures shall,
SejMurate wmrrmti t*
be Miued for the pay-
ment of eiieh deben-
tiire.
Forffing tbe debenturee
declared a capital felo*
ny.
Debenturef
vpon the pnUie rere-
Reeeirer general not
entitled to i
Debentures wu^ b« re-
deemed by KiTing no-
tice to tlie nolden in
the Gazette.
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6T6
C. IT.— PiHST Yka* of William IV.— 1881.
[F1B8T SttSlDi,
Appr^'iMiioa of
vooi^ granted.
file
ntniMit of ^ ,
UdfH tdt the Qttewa
dUtriet
4i*triet of BlUlnint,
and aMMriiitmeBt of
eommiMroiion.
;ifter the expiratiofi of tliQ s^d siaf. months, cease, and be no further payable, in mpeetof
the time whiqb may elapse between t^e expiration of the said six months and their pie.
sentment foir payment.
X. And be it further enacted by the authority aforesaid, That the said sum of tweotr
thousand pounds, so granted as aforesaid, shall be appropriated and applied towanis makjitf
and repairing roads and bridges in certain parts of this province, and be apportioned to
the several districts within the same, as follows :
To the Ottawa district, the sum of one thousand pounds.
To the Bathurst district, the sum of one thousand nine hundred pounds.
To the Eastern district, the sum of one thousand nine hundred pounds.
To the district of Johnstown, the sum of one thousand nine hundred pounds.
To the Midland district, the sum of two thousand two hundred pounds.
To the Newcastle district, the sum of one thousand nine hundred pounds.
To the Home district, the sum of one thousand nine hundred pounds.
To the district of Gore, the sum of two thousand pounds.
To the Niagara district, the sum of one thousand six hundred pounds.
To the district of London, the sum of two thousand pounds.
To the Western district, the sum of one thousand seven hundred pounds.
XI. And be it further enacted by the authority aforesaid. That the sum of one thoussnd
pounds hereby granted to the Ottawa district, be appropriated and expended as follows,
that is to say : On the front road leading from the eastern boundary of the \im&\A^ of
Alfred to the river Rideau, near Bytown, the sum of six hundred pounds ; on the road
from point Fortune to Longuiel, the sum of one hundred and fifty pounds ; on the rd
from Lochiel to the Ottawa, commencing in the rear of West Hawkesbury, and im
thence to Vandack^s hill, the sum of fifty pounds ; on the road from Breadalbaoe to Van-
clack's hill, the sum of fifty pounds ; on the road through the gore of Plaptagenet to the
house of John Paxton, esquire, the sum of fifty pounds ; on the road froin LoDguiel to
Chesser's mills, the sum of fifty pounds ; and that Charles Waters, Charles A. Lot,
William Wait, Daniel Wiman, and Joseph Griffen, be commissioners for expending ^
same : On the principal road leading through the township of Osgoode, to the rirer Rideau
and Bytown, the sum of fifty pounds ; and that Archibald McDonell, William York^aad
Peter McLaren, be commissioners for expending the same.
XII. And be it further enacted by the authority aforesaid, That the sum of onetko-
sand nine hundred pounds, granted to the district of Bathurst, be appropriated d
expended as follows, that is to say : On the main road through Goulbourn, between tbe
third and fourth concessions, to Richmond, the sum of two hundred pounds ; and that
John Anderson, senior, Thomas SkcUington, and John Gordon, be commissioner for
expending the same : On-the road from Taylor's tavern, in Huntley, to Fitzroy harbor,
the sum of two hundred pounds ; and that James Daily, Henry McBnde, and Thoiae
Landon, be commissioners for expending the same : On the road from Torbolton, thrco^
March, to Goulbourn, the sum of one hundred pounds ; and that Hammet Pinhej,
Edward Logan, junior, and John Armstrong, be commissioners for expending tbesaoe:
On the road from Richmond to Bytown, the sum of one hundred pounds; and that
Thomas McKay, Bernard Chapman, and Hugh Bell, be commissioners for expending the
same ; On the road from the northwest town line of Ramsay, through Packenham, to
McNab, the sum of one hundred pounds ; and that John Grant, John UntehmfB, aixl
James Morris, be commissioners for expending the same : On the road fromtbeoortliw^t
angle of Goulbourn, to the road leading from Richmond to Bytown, the sum of fifty
pounds ; and that Robert Young, Robert Grant, and James Bell, be commisrioners tor
expending the same : On the road from Perth to Franktown, the sum of two hundred and
twenty-five pounds ; and that Alexander Fraser, Thomas James, and William Andisoii,
be commissioners for expending the same : On the road from Franktown to Carleton place,
the sum of seventy-five pounds; and that William Willson, David Moffat, and James
Jackson, be commissioners for expending the same : On the road from Carleton pl»««j
throueh Ramsay, to the town line of Packenhara, the sum of seventy-five pounds; aw
that David Sneddon, John Foshack, and John McEwen, b^ commissioners for expendiog
the same : On the road from Perth, passing through Drummond, to the northwest hdbo
Ramsay, the sum of one hundred and fifty pounds ; and that James Wylie, Andrew Dks-
son, and Daniel Shipman, be commissioners for expending the same : On tbe "**°J^
Perth to Lanark, the sum of two hundred pounds ; and that Matthew Luch, ^^,
Richardson, and John Porter, be commissioners for expending the same: On the roi
ft-om Balderson's inn, in Drummond, through Dalhousie, passing Boulton's mills, tw ?«»
of one hundred pounds ; and that Alexander Montgomery, Benjamin BouHon, Jon
Mclntyre, and Samuel Walker, be commissioners for expending the same • ^° ^ S
from Perth into North Sherbrooke, passing through Bathurst, the sum of one hun(»rea
pounds ; and that James Gilmour, Ebenezer Willson, and Josiah Davies, be comnii^«»'
Digitized by VnUOy IC
Elx.vnDiTR Paki^iambnt.] C. 17. — ^Fibst Ysar of Wijlliam IV. — 1831. 5T7
eTs for expending the same : On the road from the town line of Packenham, throudi
!McNab, the sum of seventy-five pounds ; and that Archibald McNab and ChristopherJ.
Bell be commissioners for expending the same : On the road leading through Bathurst to
South Sherbrooke, the sum of seventy-five pounds ; and that Patrick Kennedy, John
IMTuttall, and John MuUican, be conmiissioners for expending the same : On the road from
Perth to Freer's falls, the sum of seventy-five pounds ; and that John Robertson and
John Campbell be commissioners for expending the same.
XIII. And be it further enacted by the authority aforesaid, That the sum of one thou- ApproprUUoa for th«
sand nine hundred pounds, hereby granted to the Eastern district, shall be appropriated Sp2![toD«S*"i?*««Ii^
and applied as follows, that is to say : In the county of Glengarry, on the road from ^^ —
Gray's creek to Lancaster, the sum of fi(ty pounds ; on the road from Hawkesbury to
Dundas street, the sum of one hundred and fifty pounds ; on the road from Dundas street
to Williamstown, the sum of fifty pounds ; on the road leading from Dundas street, at
Archibald Cameron's,, to the rear of Kenyon, the sum of twenty-five pounds ; on the road
between lots number twenty-four and twenty-five, by John B. McLennan's, to the rear
of Kenyon, the sum of twenty-five pounds ; on the road leading from Martintown through
the centre of the Indian land, to the gore of Plantagenet, the siua of seventy-five pounds ;
on Dundas street, including the bridge at Martintown, the sum of one hundred and thirty-
five pounds; on the nine mile road .at W^stley^, front of Lancaster, to Dundas street,
the sum of fifty pounds ; on the road from or near Lochiel church to-Breadalbane settle-
ment, the sum of twenty pounds ; on the nine mile road near John Cameron's, front of
C harlot tenburgh, to the river Aux Raisins, the sum of thirty pounds ; on the road between
the fourth and fifth concessions of Lochiel, commencing at the eastern boundary near
Thomas Duncan's, until it intersects the Ottawa road, the sum of twenty-three pounds
six shillings and eight pence ; and that John McGillivray, esquire, John McLennan,
esquire, Hugh McGillis, esquire,,AlexanderChisholm,esquire, Alexander Eraser, esquire,
and Mr. Donald Cattanach, be commissioners for expending the same. And in the county
of Stormont, on the front road, the sum of fifty pounds, and that Albert French and John
Bailey be commissioners for expending the same : On the road from St. Andrews' church,
leading by Dickson's, formerly Louck's mills, till it intersects the road leading to Finch, the
sum of fifty pounds ; and that Simon Fraser, Alexander McLean, and John Poapst, junior, be
commissioners for expending the same : On the road from Cornwall to the rear of Roxbo-
rough, the sum of one hundred and fifty pounds ; and that Simon Fraser, Alexander McLean,
and John McDonald, of lot number ten in the fifth concession of Cornwall, be commissioners
for expending the same : On the road leading from Alexander McDonald's, in the fifth
concession ofCornwall, to the second concession of the township of Roxborough, the sum
of fifty pounds ; and that John Montgomery, of Roxborough, and Duncan McDonnell, of
lot number four, in the fifth concession of Cornwall, be commissioners for expending the
same : On the road from the Indian lands, between the first and second concessions, to
Cornwall, the sum of thirty-three pounds six -shillings and eight pence ; and that Guy
Wood, esquire, and John Chesley, of Cornwall, be commissioners for expending the
same : On the road from the front of Osnabruck, near the church, to Crysler's mills, in
the township of Finch, the sum of one hundred and fifty pounds ; and that Michael Empey,
John Waldroff, junior, and John Archibald, be commissioners for expending the same :
On the road leading from Charlesville to the fifth concession of Osnabruck, the sum of
fifty pounds ; and that John N. Ault and James Grant be commissioners for expending the
same : On the road leading from Thomas H. Maxwell's to the fifth concession in the
township of Osnabruck, the sum of fifty pounds ; and that Thomas H. Maxwell, Henry
Shaver, and Jacob W. Empey, be commissioners for expending the same : On the road
from John Dixon's, junior, leading into the township of Finch, the sum of fifty pounds ;
and that John Dixon, junior, and Ewen McMillen, be commissioners for expending the
same. And in the county of Dundas, in the townships of Williamsburgh and Winchester,
on Dundas street, in front of Williamsburgh, the sum of sixty-one pounds thirteen shil-
lings and four pence ; on the nine mile road, between lots number six and seven, the sum
of thirty pounds ; on the centre road in the township of Williamsburgh, the sum of fifty
pounds ; on the nine mile road between lots number twenty-six and twenty-seven, the
sum of thirty-five pounds ; on the nine mile road, between lots number thirty and thirty-
one, running through Williamsburgh and Winchester, the sum of one hundred pounds;
arid that Jacob Markle, senior, William Swayne, Andrew Snider, Adam Noodle, Francis
S. Beadstead, and John Frats, be commissioners for expending the same : To John Cook,
as president of the road society, the sjum of forty pounds, to be expended on the road
between lots number thirty and thirty-one, on the main road leading through Williams-
burgh and Winchester. And in the township of Matilda, on the Dundas street, the sum
of sixty-one pounds thirteen shillings and four pence ; on the nine mile road, between
lots number six and seven, the sum of twenty-five pounds ; on the nine mile road between
lots number twelve and thirteen, the sum of fifty pounds ; on the road running through
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679
t. 17.— FfR8T Yi:ak op William IV.— 1881.
[Fiiu3* SessioN-,
Appropriation for the
diitria of JohMCmt*.
mA ap^obtnMliC oi*
priation for the
district, end
•I»poiBtnient of com-
mutionen.
liie centre of Matilda and Mountain, the sum of one hundred and twenty-fire pounds ;
cm the nine mile road between lots number twenty-four and twenty-five, the sum of forty-
two pounds ten shillings ; on the nine mile road between lots number thfrty-one and
thirty-two, the sum of twelve pounds ten shillings ; and that Jacob Brouse, John Flagg,
John Parlow, Henry Hare, and Matthew Berkley, be commissioners for expending the
same.
XIV. And be it further enacted by the authority aforesaid, That the sum of one thou-
aand nine hundred pounds, hereby granted to the district of Johnstow^n, be appropriated
and expended as follows, that is to say : In the county of Grenville, the sxun of nine
hundred and fifty pounds ; of which said sum of nine hundred and fifty pounds, there
shall be applied and expended on the allowance for road between the counties of Gren-
ville and Dundas, leadmg from the Saint Lawrence to the river Rideau, the sum of Miy
pounds; and that Joseph Millar and Hugh McCarger be. commissioners for expending the
same : On the road from James Humphrey's, at the head of the Galloup rapids, to Gideon
Adam's, esquire, in South Gower, the sum of two hundred pounds ; and that Lewis Grant,
esquire, and Elijah Froom, be commissioners for expending the same : On the road from
Timothy Hodges, senior, in Augusta, to the river Rideau, (called the White road,) the
sum of three hundred pounds ; and that Henry Burrett, esquire, and John Bass, senior,
be commissioners for expending the same : On the rocMl from Merrickvilie to Alexander
McCrae's, the sum of fifty pounds ; and that Terrence Smyth, esquire, and Alexander
McCrae, be commissioners for expending the same : On the road from Kemptville to
Olmstead's, in Oxford, the sum of fifty pounds ; and that Trueman Hurd, esquire, and
Richard Olmstead, senior, be commissioners for expending the same : On the road from
John Froom's to the Rideau river, the sum of fifty pounds ; and that William Kay and
John Froom be commissioners for expending the same : On the allowance for road from
John Eastman's, on the north side of the river Rideau, to Richmond, the sumr of fifty
pounds ; and that John Thomson and John Eastman, the elder, be commissioners for
expending the same : On the road from Richard Olmstead's to Richmond, the sum of one
hundred pounds ; and that Richard Olmstead, senior, and Andrew Moor, be commissioners
for expending the same : On the road from Bellamy's mills to the river Rideau, the sum
of one hundred pounds ; and that Edmund Burrett and William Ferguson be commission-
ers for expending the same. In the county of Leeds, the sum of nine hundred and fifty
pounds ; of which said sum of nine hundred and fifty pounds there shall be applied and
expended on the road from Jones' mills, in Yonge, to the western boundary line of the
county of Leeds, the sum of one hundred and seventy-five pounds; and that John
McDonald, esquire, Benjamin Ruggles Munsel, esquire, and George Cook, be commis-
sioners for expending the same : On the road from Manhard's to Stone's corner, \n
Elizabeth town, the sum of one hundred pounds ; and that Sylvester Wright, esquire,
Edward Howard, esquire, and Jesse Lamb, be commissioners for expending the same :
On the road from Stone's corner to Willson's inn, in Elizabethtown, the sum of eighty
pounds ; and that Ira Lewis and Gideon Leahigh be commissioners for expending'^the
same : On the road leading from Willson's inn to Oliver's ferry, in Elmsley, the sum of
one hundred pounds ; and that Horace Tappon, Elisha Landon, and Clark Nichols, be
commissioners for expending the same : On the road from Oliver's ferry to Perth, the
sum of one hundred pounds ; and that William Rutherford, Fitz William Berford, Abel
Wright, and William McPherson, be commissioners for expending the same : On the road
from Wilson's inn, Kitley, leading to Merrickvilie, to the cast' boundary line of Eitiey^
the sum of fifty pounds ; and that Philip Shook, esquire, and Timothy Soper, be com-
missioners for expending the same : On the road from Elisha Landon's to SmitVs falls,
in Elmsley, the sum of seventy pounds, and that Solomon Landon and Obadiaz Read,
junior, be commissioners for expending the same : To open and improve the road near
the south side of the Rideau lake, from Donaldson's, in Elmsley, westward to the old
landing, the sum of one hundred pounds ; and that Thomas Donaldson and Richard Meyers
be commissioners for expending the same : On the road from John Dixon's, in Yonge, to
the Long falls and Chafly's mills, Crosby, the sura of one hundred pounds ; and that
Joshua Bates, Aaron Stoddard, and Charles Davidson, be commissioners for expending
the same : On the road from Beverly, in Bastard, to the isthmus in North Crosby, the
sum of fifty pounds ; and that Nathan Soper and James Philips be commissioners for
expending the same : On the road leading northward from Russell Fields' to Nathan
Clark's, in Elizabethtown, the sum of twenty-five pounds ; and that Nathan Clark and
Russell Fields be commissioners for expending the same.
XV. And be it further enacted by the authority aforesaid, That the sum of* two thousand
two hundred pounds, hereby granted to the Midland district, shall be appropriated and
expended as follows, that is to say : On the road leading from Waterloo to Loughborough,
the sum of one hundred pounds ; and that Horace Yeomans, Henry Wood, and William
Latimore, be commissioners for expending the same : On the road leading from the fifth
Digitized by VniJOVJ IC
Ejc«jBYiaiTH Pabliambnt.] C, 17. — First Ysaii of Wijjliam IV. — 1831. 0f§
copcesnon of Portland to the tUrd concession of the township of Kingston, the sum of cme
hundred pounds ; and that Henry Shibley, Robert Abernethj, and Bryan SjHke, be eom*
xnissioners for expending the same : On the road from lot number sixteen to Picor's, on
the new line of road in Pittsburgh western addition, the sum of fifty pounds ; and that
John Mai'ks, Stephen Yarwood, and Adam Laidlaw, be commissioners for expending the
same : On the back road leading from Kingston mills to Perth, through the town^ip of
Pittsburgh, the sum of fifty pounds; and that James Matheson, Sephronius Hickey, and
John B. Smith, be commissioners for expending the same : On the road leading from
Waterloo to Kingston, the sum of one hundred pounds ; and that Samuel Aykroyd, Horace
Yeomans, and Benjamin Olcott, be commissioners for expending the same : In the Indian
woods, on the road leading from Belleville, to the Napanee mills, the sum of two hundred
pounds ; and that Allan McPherson, Thomas D. Appleby, and Jabez Kellog, be oommis*
sioners for expending jlhe same : On the road leading from Waterloo to the Napanee hhIIs,
the sum of two hundred and fifty pounds ; and that the treasurer and trustees of the
Ernestown and Kingston road society, be commissioners for expending the same : On the
road leading from Wallace's tavern, township of Kingston, to Bath, the sum of three
hundred pounds ; and that Henry Ls^er, William McKay, Duncan Vanalstine, Abraham
Amy, ana Josiah Lampkins, be commissioners for expending the same : For the bridge at
the mouth of the Little Cataraqui, the sum of fifty pounds ; and that Joseph Ferris, Peter
Grass, and Thomas Rogers, be .commissioners for expending the same : In the township
of Richmond, the sum of one hundred pounds ; and that Archibald Caton, James Long,
William Prindle, Philip J. Roblin, and Samuel Baldwin, be commissioners for expending
the same, on such roads and bridges as they, or a majority of them, may deem most expe-
dient and conducive to the advantage of the inhabitants of the said township of Richmond :
In the township of Camden East, the sum of one hundred pounds ; and that Jacob Ram-
baugh, Samuel Clark, Jacob Huffman, Calvin W. Perry, Calvin Wheeler, John Pomeroy,
and Peter Bowers, be commissioners for expending the same, on such roads and bridges
as they, or a majority of them, may deem most expedient and conducive to the advantage
of the said township of Camden East : On the road leading from Eli Peters^ mill, in the
said township of Camden, to the principal road to the Napanee mills, to Waterloo, other-
wise called the York road, the sum of fifty pounds ; and that Eli Peters, Stephen Warner,
and John Brown, junior, be commissioners for expending the same : On the road leading
from Shaw's mills, in Camden, the sum of fifty pounds ; and that John Perry, Ebenezer
Perry, and Benjamin Clark, be commissioners for expending the same : On the road leading
from Bellus\ in Ameliasburgh, to the outlet at the West lake, the sum of twenty pounds ;
and that Edmund Marsh and Joseph Dorlaiid be commissioners for expending the same :
From Bellus', in Ameliasburgh, to Dcmorcstville, the sum of forty pounds ; and that Jacob
Howell and Benjamin Stapleton be commissioners for expending the same : To assist in
erecting a new bridge across the Marsh creek, near William Brickman's, in Ameliasburgh,
the sum of twenty pounds ; and that William Brickman and Peter Redner, be commis-
sioners for expending the same : On the road leading from Hallowell to Demorestville,
the sum of twenty pounds; and that 3ames Cotter and Thomas Davis, be commissioners
for expending the same : To repair the different roads in the township of Marysburgh, the
sum of sixty-five pounds; and that John Richards, Samuel Mollineaux, and Henry Ding-
man, be commissioners for expending the ^ame : To erect a bridge across East creek, at
the east end of East lake, in the township of Hallowell, the sum of fifty pounds ; and that
Asa Worden and Owen McMahon be commissioners for expending the same : From Marsh
creek, in Ameliasburgh, between lots number seventy-six and seventy-seven, in the third
concession, to the top of the big hill, and thence in the most direct way to the village of
Hallowell, the sum of sixty pounds ; and that Jesse Henderson, George Monro, and Peter
Vallcau, be commissioners for expending the same : On the new road leaiding from Hallowell
to the Carrying Place, the sum of twenty-five pounds ; and that Simeon Washburn and
Joseph Cryderman be commissioners for expending the same : On the road leading from
Belleville to the Marmora iron \^orks, through th<; townships of Thurlow, Sidney, Rawdon,
and Marmora, the sura of two hundred and fifty pounds ; and that Anthony Manahan,
William Kctcheson, junior, and John Reynolds, be commissioners for expending the same :
On the forty foot road between lots number twelve and thirteen in the township of Sidney,
leading from the bay of Quinte, through the different concessions, passing Thomas Ketch-
eson's, until it intersects the river Trent road, the sum of forty pounds ; on the forty foot
road, between lots number twenty-four and twenty-five in the fourth concession of the
township of Sidney, the sura of twenty pounds ; on the concession road in the said fourth
concession, between lots number twenty -two and twenty-nine, the sum of twenty pounds ;
and that Henry Hagerman, Thomas Ketcheson, and Gideon Turner, be commissioners for
expending the same : On the road in the township of Huntingdon, leading to the township
of Madoc, and surveyed by William Ketcheson, junior, in the year one thousand eight
hundred and twenty-eight, the sum of thirty pounds ; and that Garret Garrison, Jacob
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no C. 17.— First Yeab ow Wuj.iam IY.— 18S1. [Fntsr Sunov,
Youngs, and James O'Hara, be commissioners for expending the same: To be ^xpettded
in the township of Tiendinaga, or in opening a road from the said township to the front
road, the sum of forty pounds ; and that William Porte, Donald Murchis<m, and Richard
Lazier, be commissioners for expending the same.
A roMMtioD for the XVI. And be it further enacted bj the authority aforesaid. That the sum of one thou-
d^o^NeweasUe, sand nine hundred pounds, hereby granted to the district of Newcastle, be appropriated
TOfluniS^en^*''^ ^ **^^ expended as follows : On the main highway through the township of Murray, between
the river Trent and Kellogg'a tavern, the sum of one hundred pounds ; and that Sheldon
« Hawley, esquire, Thomas D. Sandford, and Samuel Cooley, be commissioners for expend-
ing the same : On the Voad leading from the Carrying Place to the west line of Murray
aforesaid, on the front road, and from thence to Hezekiah Beatty's, in the said township,
the sum of one hundred and twenty-five pounds ; and that Charles Big^, esquire, Simon
Kellogg, and Pitkin Gross, be commissioners for expending the same : On the road leading
through the English settlement, in the township of Murray, to the main highway through
the said township, the sum of twenty-five pounds ; and that Abijah Smith and James
Rankin be commissioners for expending the same : On the road leading from the east
boundary line of the' township of Cramahe, on the front road, to the allowance for road
between lots number eleven and twelve, thence on said allowance to the main highway
through the said township, the sum of fifty pounds ; and that William M. Bullock, esquire,
and Thomas Simpson, be commissioners for expending the same : On the road between
lots number two and three, leading from the front road to the main highway, through the
township of Cramahe, the sum of twenty-five pounds, and that William M. Bullock, esquire,
and Jesse Wells, be commissioners for expending the same : On the road along the con-
cession line between the third and fourth concessions of the township of Cramahe, the
sum of twenty-five pounds ; and that James D. Gosslie and Aaron Henman be commis-
sioners for expending the same : On the road leading from the second concession of the
township of Cramahe to the Percy settlement, the sum of fifty pounds ; and that Joshua
Webster and James Piatt be commissioners for expending the same : On the road leading
from John Richmond's, in Murray, to the road leading from the township of Cramahe to
the Percy settlement, the sum of twenty-five pounds ; and that Richard Steavins and
James Holland be commissioners for expending the same : On the road leading from the
Percy settlement to the Asphodel bridge, including repairs to said bridge, the sum of one
hundred pounds ; and that Joseph A. Keeler, esquire, Joseph Sparrow, and David Cum-
mings, be commissioners for expending the same : To cut down and improve the hills
between the widow Brown's and Ephraim Doqlittle's, in the township of Haldimand, the
sum of twenty pounds ; and that Charles Powers and Ephraim Doolittle be commissioners
for expending the same : To straighten and improve the road leading from Cobourg to the
Rice lake, in the township of Hamilton, the sum of seventy-five pounds ; and that Doctor
Gilchrist and John McCarty be commissioners for expending the same : On the road
leading from Burr's tavern, in the said township of Hamilton, to the boundary line between
the counties of Northumberland and Durham, the sum of twenty-five pounds ; and that
Doctor Gilchrist and John McCarty be commissioners for expending the same : On the
road leading from Peterborough to the Rice lake, in the township of Monaghan, the sum
of fifty pounds ; and that Charles Rubridge and Thomas Carr, esquires, be commissioners
for expending the same : On the road leading from Doctor Gilchrist's mill to the Peterbo-
rough road, the sum of twenty-five pounds ; and that Charles Rubridge and Thomas Carr,
esquires, be commissioners for expending the same : On the road leading from Doctor
Gilchrist's mill to the Asphodel bridge, on the front road, the sum of seventy-five pounds ;
and that Thomas Carr, esquire, and John Beckett, be commissioners for expending the
same : On the boundary line road between the townships of Otanabee and Douro, leading
from Peterborough to Asphodel, the sum of forty pounds ; and that Alexander McDonell
and Moore Lee, esquires, be commissioners for expending the same : On the road leading
from Mr. Stewart's, in the fifth concession of the township of Haldimand, to the Baltimore
settlement, in the township of Hamilton, the sum of twenty-five pounds ; and that Wilson
S. Conger and John Brisbane be commissioners for expending the same : On the road
leading from Peterborough to the boundary line between the counties of Northumberland
and Durham, the sum of fifty pounds ; and that Thomas V. Tupper and Alexander Mc-
Donell, esqujres, be commissioners for expending the same : On the road leading firom lot
number twenty-six, in the fourth concession of the township of Murray, to Joseph Carls,
in the said township, the sum of twenty-five pounds ; and that Levi Lomis and Samuel
Clapp be commissioners for expending the same : On the boundary line road between the
counties of Northumberland and Durham, the sum of two hundred and fifty pounds ; and
that Ebenezer Perry, John Hall, and John Huston, be commissioners for expending the
same : On the back road leading through the township of Haldimand, the sum of twenty*
five pounds ; and that William F. H. kelly and Josiah Wellington be commissioners for
expending the same : To cut down the hill and repair the bridge on the back road, in the
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EriXTBHTB Paruamsnt.] C. 17.— First Yjbar of WilliAm IV.— l^i. SSi
township of Hamilton, in the rear of Levi Bates' farm, the sum of twentj-five pounds; and
that William Faulkner, esquire, and Levi Bates, be commissioners for expending the
same : On the stage road through Darlington, the sum of thirty pounds ; and that Robert
Fairbum and John Burk, esquire, be commissioners for expending the same : On the stage
road through Clarke, the suqh of twenty pounds ; and that Alexander Colter and William
Mcintosh be comniissioners for expending the same : On the road leading from Port Hope^
until it intersects the boundary between Hamilton and Hope, called the Cavan ^oad, the
sum of twenty-six pounds ; and that Barnabas Bletcher and John Ainley be commissioners
for expending the same : On the road between lots number thirteen and fourteen, in Hope, m
commencing at the fourth concession of Hope, and running as near as is practicable
between lots number thirteen and fourteen, until it intersects the middle road betw:een
lots number twelve and thirteen, in the township of Cavan, and through the said township,
between lots number twelve and thirteen, and through the township of Emily, between
lots number twelve and thirteen, in the township of Emily, the sum of three hundred
pounds ; and that John Huston, esquire, William Samuel Marsh, and Samuel Davidson^
be commissioners for expending the same : On the road between the fifth and sixth con-
cessions of Hope, commencing at lot number thirteen, until it intersects the boundary line
between Clarke and Hope, and on said boundary, or as near as is practicable, between
Clarke and Hope, Cavan and Manvers, the sum of two hundred and eighly-nine pounds ;
and that John Huston, esquire, and William Samuel Marsh, be commissioners for expending
the same. . . '
XVII. And be it further enacted by the authority aforesaid, That the stim of one Appropmt^n for ^i
thousand nine hundred poutods, granted to the Home district, be appropriated and expended ."^^^^*^?* *„£
as follows, that is to say : For completing that part of Yonge street, commonly called the SoMn!" «>"*™"-
Blue bill) the sum of four hundred pounds ; and that Charles Thompson, James Hogg,
and William Botsford Jarvis, be commissioners for expending the same : For opening and
improving the new road laid out in the second concession of the township of York, the
sum of twenty pounds ; and that Joseph Shepherd and Alexander Cathcart be commis-
sioners for expending the same : On the road leading from Dundas street, in the township
of Toronto, by Streetsville, to McNabb's mills, in Esquesing, the sum of one hundred
pounds ; and that Thomas Stoyle, Ebenezer Famsworth, and James Kennedy, be commis-
sioners for expending the same : For an experimental railway, to be made of wood, on
Yonge street, between the Blue hill and York, the sum of fifty pounds ; and that William
Botsford Jarvis, James Hogg, and Charles Thompson, be commissioners for expending the
same : For the erection of a bridge across the Humber, on the road leading from York to
Caledon, commonly called Campbell's road, the sum of one hundred pounds ; and that
David Jardine, Nathan Martin, of Etobicoke, and Elisha Lawrence, of the gore of Toronto^,
be commissioners for expending the same : On the Kennedy road, in the townships of
Markham and Scarborough, the sum of twenty pounds; and -that Samuel Kennedy,
Thomas Kennedy, and Thomas Whitejsides, be commissioners for expending the same :
For cutting down the hill on Yonge street, commonly called Thorn hill, the sum otseventy-*
five pounds; and that William Crookshank, John Hartman, and John Atkinson, be
commissioners for expending the same : For improving the hills on Yonge street, north
and south of Hogg's mills, the sum of seventy-five pounds ; and that Cornelius Van Ostrand^
James Hogg, and Andrew McGlashan, be commissioners for expending the same : On the
road from Hawke's mills, on Yonge street, to number five, the sum of fifty pounds ; and
that Peter Lawrence, Joel Beeman, and George Bond, be commissioners for expending
the same : For the erection of a bridge across the creek, at Whitmore's mills, and for
improving the road from the said creek to number one, on Yonge street, the sum of fifty
pounds ; and that Jacob Snider and Charles Thompson be commissioners for expending
the same : On the road from the four mile tree, on the Danford road, to Markham, running
between lots number thirty-four and thirty-five, in the township of Scarborough, the sum
of twenty pounds; and that Isaac Lameraux, Asa Patrick, and William Davenish, be
commissioners for expending the same : On the road from the eighth concession of Mark-
ham to the Danford road, the sum of fifty pounds ; and Jthat Peter Secor, John Reamer,
John De Hart, and Richard Houck, be commissioners for expending the same : On that
part of the Kingston road called Bates' hill, the sum of twenty-five pounds; and that
Stephen Pherril and Robert Stoboe be commissioners for expending the same : On that
part of Dundas street, called Barber's hill, the sum of seventy-five pounds ; apd that Jaco/b
Cook, Peter McCuUum, and John McGill, be commissioners for expending the same : To
improve the hills at the Highland creek^ in Scarborough, the 9um of thirty pounds ; and
that William Weller, Peter Secor, and John Fisher, be commissioners for expending thef
same: On the town line between the townships of Chinguacousy and Toronto, to assist ift
opening the same, the sum of thirty pounds;, and that Asa Ingraham, John Seflar, and
Martin Salisbury, be ccmmissiooers for expending the same : On Dundas street, from the
river Humber to the river Credit, the sum of one hundred and sixty pounds ; and that
Digitized by
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IMS C. 17.— FiRsr Year of William IV. — 1831. [First Ssteiow,
John McGill, John McFarlane, and Stanaus Danieb, be commissioners for expeDifiD|; thfe
same : On the lake road, from Sandford's comer to the district line, the sum of one
hundred pounds ; and that William Thompson, John Gamble, and Frederick Starr Jari^is,
be commissioners for expending the same : To improve the sixth concession Hne, between
the townships of Albion, Chinguacousy, the gore of Toronto, and Toronto new survey,
thence across Etobicoke to the river Hiimber, near Scarlet's mills, the sum of forty pounds;
and that John Bagwell, esquire, John McCarty, and Thomas Borrel, be commfssioners for
expending the same : For improving the Rouge hill, on the Kingston road, the Sum of
• thirty pounds ; and that Francis Leys and William Weller be commissioners for expending
the same. And that of the nineteen hundred pounds, granted to the Home distriet, the
sum of four hundred pounds be appropriated and expended as follows : On the Pehetan-
guishine road through West Gwlllimbury, from Mulloy's tavern, to the line bbtwlH^il that
township and Innisfil, the sum of thirty pounds ; and that Isaac Rogers and JftfaieS Tindale
be commissioners for expending the same : On the Penetanguishine road, froin the south
line of Innisfil to Alexander Walker's on Kempenfeldt bay, the sum of thirty pouiidd ;
and that Thomas McConkey and Charles Clement be commissioners for expending the
Bame : On the long causeway on the Penetanguishine road, betweeh Lawrence's and
Mairs', the sum of one hundred pounds ; and that Thomas Mairs and Peter White be
commissioners for expending the same : On the long causeway in We^t Gwfllimbury,
across the west branch of the Holland river, the sum of thirty pounds ; and that Isaac
Rogers, junior, and George Thorp, be commissioners for expending the same : On the
main road through the township of Thora, the sum of fifty pounds ; and that W. TUmer
and Samuel H. Farnsworth be commissioners for expending the same : To coibjjlete the
causeway leading to Essa, on the town line between West Gwillimbury and Tecumseth,
the sum of seventy-five pounds ; and that George Dunwoodie and John Perry be commis-
sioners for expending the same : On the main road on the town line of Adjala, goins
through Albion to York, the sum of thirty pounds ; and that Francis McLoughlin and
Robert Keenan be commissioners for expending the same : On the main road leading to
Dundas street, between Amaranth and Mono, the sum of fifteen pounds ; and that Lewis
Horning and Abraham Houghton be commissioners for expending the same : On the
Penetanguishine road, between Craig's and Robert Jeff's, the sum of forty potlnds; and
that Robert Jeff and John Craig be commissioners for expending the same.
Approtprjation for the XVIII. And be it further enacted by the authority aforesaid, That the sum of two
MMi^inLit^?' eoi^ thousand pounds, hereby granted to the district of Gore, shall be appropriated and expended
T?^r as follows, that is to say : In the county of Halton, the sum of one thousand three hun-
dred pounds ; of which sum of one thousand three hundred pounds, there shall be applied
and expended on the Dundas street, from the village of Dundas to Burford town line, the
sum of three hundred pounds ; and that John Binkley, Peter Bombarger, and Hiram
Capron, be commissioners for expending the same : On the road from the township of
Beverly, at Samuel Cornell's, thrtfugh the said township of Beverly and Dumfries to the
town Una of Waterloo, the sum of two hundred pounds ; and that Samuel Cornell, John
A. Cornell, and Absalom Shade, be commissioners for expending the same : On the road
between lots number six and seven, from the second concession of West Flamborough to
Robert' Paterson's, thence through the comer of Beverly, township of Puslinch, town of
Guelph, to the line between Woolwich and Nichol, to the falls of the Grand tivcr^ the
sum of one hundred pounds ; and that James Crooks, esquire, Thomas B- Husband, and
Thomas Smith, esquires, be commissioners for expending the same : On the road up the
mountain, from Dundas to Flamborough West, the sum of fifty pounds ; and that Peter
Bombarger be the commissioner for expending the same : On the road between the first
and second concessions of Beverly, the sum of twenty-five pounds ; and that Barney
Howard, Adam Thompson, and Barney Markle, be commissioners for expending the same :
On the road between the second and third concessions of the township of Beveriy, the
sum of twelve pounds ten shillings ; and that Hugh Mulholland, Daniel Cornell, and
William Coleman, be commissioners for expending the same : In the township of Dum-
fries, the sum of fifty pounds ; and that Absalom Shade, Hiram Capron, and Robert
Murray, esquire, be commissioners for expending the same : Upon the road from Waterioo
town line to the falls of the Grand river, in the township of Woolwich, east side of the
Grand river, the sum of twelve pounds ten shillings ; and that Zephaniah Sexton, lliomas
Smith, esquire, and Alpheus Smith, be commissioners for expending the same : Upon the
road through the centre of the township of East Flamborough, from Dundas street to the
Twelve-Mile creek, the sum of twenty-five pounds ; and that Alexander Brown, John
Eaton, and Edward Evans, be commissioners for expending the same : Upon the road
through East and West Flamborough, from Sampson Howell's saw mills easterly, the sum
of twenty-five pounds ; and that Sampson Howell, Edward Ryckman, and John Davis,
(innkeeper,) be commissioners for expending the same: On the road leading from Moses
. McCoy's, in the township of Nelson, to the rear part of Eramosa^ the sumof aeventy-five
Digitized by VnUU^ IC
£l«£VK8TH PaRLIAMMNT*] C. 17. FlRST Y|BAB OF WlI^LIAM IV. 1831. 589
pounds ; ai^d that WilUam McCoy, William Smith, and Joseph Parkinson, be commission-
ers for expending the same : On the road leading from Post's inn, in the township of
Trafalgar, through said township of Trafalgar, £squesing, and Erin, the sum of seventy-
five pounds ; and that John Kenny, Peter Kenny, and Charles Kennedy, be commissioners
for expending the same : On the Twelve-Mile creek hill, east side on Dundas street, the
sum of fifty pounds ; and that William McKerlie, Nathaniel Bell, esquire, and Walter
O^ReiUy, be commissioners for expending the same : On the lake road at the Sixteen-
Mile creek, to make good a like sum expended by Merrick Thomas, Jacob Randall, and
William Young, (commissioners appointed by the quarter sessions,) upon a bridge, »
levelling the hills, and making a mound across the flats of said creek, the sum of one
hundred and eishty-seven pounds ten shillings : On the road leading from Post^s inn in
Trafalgar to Oakville, the sum of twenty-five pounds ; and that James Thomson, Merrick
Thomas, and William Young, be commissioners for expending the same : On the road
from Mrs. Munn's to Oakville, the sum of twelve pounds ten shillings ; and that John
Keating, George Chalmers, and Charles Biggars, be commissioners lor expending the
same : On the road leading from Lawrence Hager's through the township of Trafelgar,
jCsque'sing, and Erin, the suru of fifty pounds ; and that Joseph Bows, Jasper Martin, and
I^evi Wiuson, be commissioners for expending the same : On the road from Ephraim
Hopkins' on Dundas street, upon the line between numbers twenty-five and twenty-six,
to the second concession south of Dyndas street, also on the second concession, to the
linebetw^een lots number twenty-one and twenty-two, and upon the side line leading south
to the lake road, the sum of twenty-five pounds ; and that Robert Smith, Hiram McCraney,
and John Street, be commissioners for expending the same. In the county of Wentworth,
the sum of seven hundred pounds, of which sum of seven hundred pounds, there shall
be applied and expended on the road from V\^lliam Vanderlip's tavern in Ancaster, to
Fairchield's creek, on the Indian lands, the sum of two hundred and fifty pounds ; and
that Ewen Ritchee, Samuel Andruss, and Enos Bunnell, be commissioners for expending
the same : On the main road from James Gage^s, to Fifty-Mile creek, through Saltfleet,
the sum of one hundred pounds ; and that Ebenczer Place, John Gatbraith, and Jonathan
Pettit, be conmiissioners for expending the same : On the mountain road from Samuel
Tapley's to the western boundary line of Saltfleet, near Secord's mills, the sum of fifty
pounds ; and that Samuel Tapley, Jeremiah Springstead, and John Law, of Saltfleet, be
commissioners for expending the same : On the road leading up the mountain by George
Hamilton's, the sum of fifty pounds ; and that Jacob Ramble, Joseph Rolestone, and Peter
Hess, be commissioners for expending the same : On that part of the road leading from
Hamilton to Dundas, called Beasley's hollow, the sum of fifty pounds; and that William
B. Van Every, Francis Glover, and Frederick Ashbourgh, be commissioners for expending
the same : In the township of Glanford, the sum of one hundred pounds ; and that
Thomas Choate, David Kearns, and Elisha Bingham, be commissioners for expending the
same : On the main road leading from Crosswaith's, in Barton, to Sheldon's saw mill, in
Saltfleet, the sum of fifty pounds ; and that James Gage and William Case be commis-
sioners for expending the same : On the road leading up the mountain, from Ebenezer
Place's to John Lee's, the sum of fifty pounds ; and that John Glover and John Lee be
commissioners for expending the same. *
XIX. And be it further enacted by the authority aforesaid, That the sum of one thou* Appropriatioii for the
sand six hundred pounds, hereby granted to the district of Niagara, be appropriated and JSSSmttt^^'co^
expended as follows, that is to say : In the county of Lincoln, the sum of one thousand minkmen.
two hundred pounds ; of which said sum of one thousand two hundred pounds, there
shall be applied and expended, on the Black swamp road, leading to the Ten-Mile creek,
the sum of seventy-five pounds; and on the road leading from Queenston, by Saint Da-
vids, to the Ten-Mile creek, to intersect the Black swamp road, the sum of twenty-five
pounds; and on the lake road, from Niagara to Samuel Woods*, esquire, on the Twelve-
Mile creek, and thence to Barnabas Gregory's, on the Fifteen-Mile creek, the sum of fifty
pounds ; and that Adam Brown, of Queenston, Thomas Darling, of Grantham, and Barnabas
Gregory, of Louth, be commissioners for expending the same : On the lake road leading
from Frederick Schram's, at the Fifteen-Mile creek, to the Twenty-Mile creek bridge,
the sum of fifty pounds ; and that James William Osgoode Clarke, Isaac Wiesman, and
Nathan Pawling, be commissioners for expending the same : On the road leading from
John Deooo's, by William Adams', and Robert Comfort's, to the end of the district, the
sum of one hundred pounds ; on the road leading from Smith Griflin's to Canborough, the
sum of twenty -five pounds ; on the road leading from Snider's mills to the river Welland, ^
the sum of twenty-five pounds; on the road leading from John Moot's, in Clinton, to
Wier's mills, on the river Welland, the sum of twenty-five pounds ; and that John Decoo,
William Adams, and John Harris, be commissioners for laying out and expending the same :
On the road leading from George Gills', in Pelham, to the village of St. John's, in Tho-
rold, the sum of fifty pounds ; and that George Oills, John Street, and Samuel Beckett,
Digitized by
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»84 * C. 17.— First Year op William IV.— 1831. [First Sbssiok,
^e commissioners for expending the same : On the road leading from Hainer^s comer, hj
lliomas Mills' to Adam JBrown^s, the sum of twenty-five pounds; and that Adam Brown,
of Louth, be a commissioner for expending the same : On the great Canborough road,
leading from Anthony Upper's to Canborough, the sum of one hundred pounds ; and that
George Lacy, William Delts, senior, and Peter Wiers, be commissioners for expending
the same : On that part of the highway leading from Niagara, to comflienee on the west
bank of the Sixteen-Mile creek in Louth, to the township line of Clinton, the sum of
twenty-five pounds ; and that Joseph Smith, James Johnson, and Henry Kerr, of Louth,
be commissioners for expending the same : On the road passing William Disher's, junior,
in Pelham, and John McGlashan's, to Robert Comfort's, in Gainsborough, the sum of
twenty-five pounds; and that John McGlashan, senior, Robert Comfort, and William
Disher, junior, be commissioners for expending the same : On the road from Charles
Anderson's, at the Forty-Mile creek, to Daniel Camp's, at the Twenty-Mile Creek, the
sum of fifty pounds ; and that Daniel Palmer, John Beamer, senior, and Daniel Camp, be
commissioners for expending the same : On the road from Dearie's mills, on Twenty-Mile
creek, by Michael Rettenhouse's to lake Ontario, the sum of fifty pounds; and that
Samuel Moyer, Michael Rettenhouse, and John Henry, be commissioners for expending
the same : On the Fly road, leading from James Simmerman's, in Clinton, to Henry Disher^s,
in Louth, the sum of fifty pounds ; and that Henry Roat, John Patterson, and Henry
Disher, be commissioners for expending the same ; On the highways in the townships of
Stamford, Thorold, and Pelham, the sum of one hundred poun£ ; and that Doctor Lafferty,
John Decoo, and Samuel Beckett, be commissioners for expending the same : On the
highways in the townships of Willoughby, Crowland, Wainfleet, Humberstone, andBertm^
^o be equally expended, the sum of three hundred pounds; and that Jacob Gander,
Samuel McAfee, Isaac H. Johnson, Henry Boughner, junipr, Emanuel Winters, and
Daniel Robbins, be commissioners for expending the samie : On the highway leading fix>m
John Oills' comer, in Pelham, by Becket's mills, to the Quaker meeting-house, thence to
Riley's bridge on the river Welland, the sum of fifty pounds ; and that Peter Beckett,
James Fell, and William Chapman, be commissioners for expending the same. In the
county of Haldimand, the sum of four hundred pounds ; of which said sum of four hun-
dred pounds, there shall be applied and expended on the road from the High Banks to the
ieeder at Broad creek, the sum of twenty-five pou^ids ; from Christian Kinclay^s, at the
High Banks, on the lake road, to the mouth of Grand river, the sum of twenty-five pounds ;
^om the mouth of the Grand river, on the lake road, to Rainham, the svim of twenty-five
pounds ; from Dunville, Grand river dam, to Rainham, the sum of twenty-five pounds ;
on Rainham and Walpole lake road, the sum of fifty pounds ; on the river road from
Dunville to Highflyers, the sum of fifty pounds ; on the road from Dunville to Canbo-
rough, the sum of twenty-five pounds ; from Canborough, on the main route from Niagara
falls to Rainham, the sum of one hundred and seventy-five pounds ; and that Andrew
Thompson, Benjamin Canby, Joseph Younge, John Eakins, Benjamin Hoover, and David
McFields, all of the county of Haldimand, be commissioners for expending the same.
Appropriatioii fw the ^^- -^^^ ^® *^ further enacted by the authority aforesaid, That the sum of two thou-
dithiet bfLoiidoii, and saixd pounds, hereby granted to the district of London, shaH be appropriated and expended
SSfimeSnT* " ^^"" ^ fbUows, that is to say : On Talbot road,, in the townships of Dunwich and Aldborough,
*' the sum of one hundred and fifty pounds ; on the road leading from the river Thames to
Purnival, on lake Erie, in the township of Aldborough, the sum of fifty pounds ; and that
Lesslie Patterson, esquire, of Dunwich, and Ewen McKinlay, of Aldborough, be com-
missioners for expending the same : On the road leading from the furnace in Dereham, to
the mouth of Big Otter creek, on lake Erie, the sum of one hundred pounds ; and that
George Tillson, Andrew Dobbie, esquire, and Isaac Draper, esquire, be commissioners for
expending the same : On Wharncliffe highway, from the road between lots nupober thirty
and thirty-one, in the township of Westminster, near the farm of Michael McLaughlin,
to, Thomas Pool's farm, on the north branch of Talbot road, the sum of fifty pounds ; and
that John O'Neil and Henry Sherwick be commissioners for expending the same : On the
Sroof line in the township of London, the sum of one hundred pounds ; and that Duncan
(cKenzie, William Robertson, and James Parkinson, esquires, be commissioners for
exj)ending the same : On Dundas street, between the town plot of London and the east-
ern limit of that township, the sum of twenty-five pounds ; and that Dudley Marrills
and Linus Forbes be commissioners for expending the same : On the Long-wood road, in
the township of Carradoc, the sura of twenty-five pounds ; on the same road in the
township of Ekfrid and Mosa, the sum of two hundred and fifty pounds ; and on the
ndain road through the township oif Delaware, the sum of fifty pounds ; and that Roswell
Mount, esquire, James Craig, and Singleton Gardiner, be commissioners for expending
the same : Op the road leading from Saint Thomas tp Port Stanley, in the tpwnship of
Ysirmouth, the sum of one hundred po.unds ; ^nd th$it Benjamin Willson and James
Nevills, esquires, be commissioners for expending the same : On the road leading from
Digitized by VnUOV IC
Ei^BVBiPrH Parjliamsntw] C. it. — First Ybab of William IV. — 1831, (|6S
Finlaj Malcolm's to Norwich, the sum of twenty-five pounds ; and iiiat Finlay Malcolm,
esquire, John Kelly, and Peter Sackrider, be commissioners for expending the same : On
the road from Whitehead's, in Burford, to the Quaker meeting-house in Norwich, the sum
of fifty pounds; and that George Washington Whitehead, esquire, George Higson, and
Michael Stover, be commissioners for expending the same : On the main road between
Whitehead's and Dodge's, the sum of one hifndred and fifty pounds ; and that John Weir,
Biehard Brown, and John Kern, be commissioners for expending the same : On Dundas
street, including the town jdot of Oxford, to the township line of London, the sum of
one hundred and fifty pounds; and that John Hatch, esquire, Jacob Kearn, and Hugh
McDermid, be commissioners for expending the same : On the road leading from Jacob
Doty's to Dundas street, through North Oxford, the sum of fifty pounds ; and that Daniel
Carrol and James IngersoU be commissioners for expending the same : On the road from
Nicholas French's, in Oxford, to the furnace, in Dereham, the sum of fifty pounds ; and
that Stilton Hacket, Peter Hayle, and William Reynolds, be commissioners for expend-
ing the same : On Dundas street, from Lewis Charles' to the town plot in Oxford, the
sum of twenty-five pounds ; and that Joseph Smith, Lewis Charles, and John Phalen, be
eommissioners for expending the same : On the road line passing James McLeod's, in
Blenheim, the sum of thirty-five pounds; and that James McLeod, Thomas J^oach, and
Michael Showers, junior, be commissioners for expending the same : On the second con-
cession of Blenheim, east of Peter Bastedo's, the sum of fifteen pounds ; and that Peter
Bastedo, Denton Burns, and Hiram Graham, be commissioners for expending the saipe :
On the main road between Woodhouse and Townsend, leading to Walpole, the sum of
two hundred and fifty pounds ; and that Jonathan Austin, Philip Beemer, and Rynard
Potts, be commissioners for expending the same : On the main road leading from Willson's
niUs, in Woodhouse, to Frederick Sovreen's, in Middleton, the sum of thirty pounds ;
and on Talbot road, in Middleton, to improve the hills on that road, the sum of twenty-
five pounds ; and that Frederick Sovreen and Reuben Richardson be commissioners for
expending the same : On the fourth concession of Woodhouse, the sum of twenty-five
pounds; and on the bank of lake Erie, in front of Woodhouse, from the mouth of
Patterson's creek to the western line of Walpole, the sum of twenty-five pounds ; and
that Philip Austin and Elijah Doan be commissioners for expending the same : On the
front road in the township of Walsingham, the sum of fifty pounds ; and in the township ^
of Charlotteville, on lots number fifteen and ^xteen, in the fifth concession, the sum of
twenty-five pounds ; and on the road from Kern's to Charles Glover's,, and thence wes-
terly to the township line, the sum of twenty pounds ; and that Oliver Maybee and
Cornelius Deddrick be commissioners for expending the same : On the main road in
Townsend, from Malcolm's mills to Abraham Massaker's, the sum of twenty-five pounds ;
and on the main road between Windham and Townsend, from John Cline's to the Round
Plains, the sum of twenty-five pounds; and that Gabriel Collvar and Matthew Tisdalebe
eommissioners for expending the same.
XXI. And be it further enacted by the authority aforesaid. That the sum of one thou- AmiiopriidMa for the
sand seven hundred pounds, hereby granted to the Western district, shall be appropriated ]JjJJSSa«rt*^coin^
and expended as follows, that is to say : In the township of Rochester, from the upper or nuMionen.
eastern side of the river Ruscom bridge, thence along the beach, and across the marsh
where the road is now travelled ; and to open the road on the ridge to Dejarlet, twenty-
five pounds ; and from the Belle river to Lavallee's, on the front road, twenty-five pounds ;
and that Benjamin Lavallee, Charles Campeau, and James Askin, be commissioners for
expending the same : On the new road leading from the bridge over Pike's creek, to the
second concession line of the township of Sandwich, and along the same to Charles For-
neau's farm, and along the new road to Andre Peltier's, the sum of one hundred and
seventy-five pounds ; on the Talbot road, from the towd of Sandwich, to the township of
Mersea, the sum of one hundred and twenty-five pounds ; on Talbot middle road in the
townships of Sandwich and Maidstone, the sum of twenty-five pounds ; and that George
Jacob and Charles Eliot, esquires, and Chrissostom Paget, be commissioners for expend-
ing the same : From the river Detroit, along the new road between Campeau and Lozon's
farm, to the second concession of the township of Sandwich, the sum of twelve pounds
ten shillings ; and that Antoine Cecile and Joseph Morran be commissioners for expending
the same : For repairing or making a new bridge over Turkey creek, the sum of twenty-
five pounds ; and that Charles Eliot, esquire, Thomas Martin, and Thomas Giniac, be
commissioners for expending the same : From the turnpike road on the south side of
riviere Aux Canards to Amherstburgh, the sum of sixty-two pounds ten shillings ; and
that Alexis Lemai, Alexis Laferte, and Daniel Botsford, be commissioners for expending
the same : On the back road from Amherstburgh to Colchester, the sum of one hundred
and fifty pounds ; and that Francis Caldwell, Jean Baptiste Deneau, and William Mickle,
be commissioners for expending the same : From Amherstburgh, on the new road, to
Talbot, Sandwich road, the sum of fifty pounds ; and that James Caldwell, Jean Baptiste-
Digitized by
Google
C. 17.— FwsT YjBAii ov William IV.— 1831. [Fi«st SiNioff,
Meroiir«9 and Chartes Bondj, be commiaiiiHiers for expeadwg the same : Op tbe conces-
ston roads of the township of Colchester, tbe sum of twenty-five pouodd ; aod that
Matthew McConuick, Jerius Brush, and John Ferris, be canunisakmers for e^tpeodiogtlie
8a»e : For ereettng a bridge over Isler's creek, in the township of Colchester, the ganof
fifty pounds ; and that Thomas McLean and Jacob Arner be commissioDers for expe&duig
the saine : On the road in the second concession of the Petite Cote, in the towiuhip of
Sandwich, the sum of twenty-five pounds ; and that Jaques Girard, Paul Lafraifiboise,
and James AJilen, be commissioners for expending the same : On the road in front aal
real* in the township of Gosfield, the sum of twenty-five pounds ; and that Peter Smtcb^
AJeunder K. McKenzie, and Joseph Wig^e, be commissioners for expendiagthe smt;
' On the Talbot road in the township of Mersea, the sum of fifty pounds ; and that Charb
Stusrt and Michael Fox be commissioners for expending the same. In the Five-Mile woods
in the township of jRomney, tbe sum of one hundred pounds ; and that James W. Little,
esquire, and Messrs. Joseph Smith and Thomas Benwick be commissioners for expeixiiog
the same : On the road passing between the farms of Joseph Smith and Jacob KUd^
Smith, in Raleigh, leading to t^ settlement in the middle road in the said township, the
sum of twenty-five pounds ; and that Messrs. Joseph Smith and James Price be coaums-
aioners for expending the same : On Talbot road, in the townships of Oxford and Hovant,
for the purpose of brid^g and making more passable three ravines and ]tiUswtbesiid
townships, the sum of twenty-five pounds ; and that John Answorth, David H. Gis&er,
and David 8. Biddwin» he commissioners tor expending the saipe : For maluDgloiubrv^s
on the road from the river Aux Perches, in the Western district, to Townse&d^ia tb
London district, the sum of thirty-seven pounds ten shillings ; and that Heory Jones,
esquire, be the commissioner for expending the same : On the road along the river Sc
Clair, in the township of Sombra, and through the Indian reservation, adjoining to said
township, tbe sum of fifty pounds ; and the further sum of fifteen pounds tow^s coiq-
pleting bridges on the said road ; and that Claude Gouin, Henry Jones, and Williajn Jones,
esquires, be commissioners for expending the same : Towards .opening the road from
Jared I^UidsLey's, on the east branch of Bear creek, in Dawn, to the river Thames, tbe
sum of thirty-seven pounds ten shillings ; and that Messrs. Lewis, son of John Aroold,
Jared Lindsley, and Lewis Arnold, tbe elder, be commissioners for expending the satoc:
On the road from the old site of the Moravian village, in the township of Zone, to tk
line dividing the Western from the London district, for repairing the hills and widening
the said road, the sum of one hundred pounds ; and that George Kirby, esquire, Mes&rt.
Singleton Gardiner and Matthew Cornwall, be commissioners for eypeading the same:
On the road from Talbot road, in Howard, leading to the middle road settlement in the
said township, the sum of twenty-five pounds ; and that Messrs. John Unsworlh aod
Robert Wood be commisrfoners for expending the same : for building a bridge across Big
Bear creek, from Lauchlin McDougalPs, below the forks of the east and north branches
of Bear creek, in Sombra, the sum of two hundred pounds ; and that Claude Goum and
WiUiam Jones, esquires, and Lauchlin McDougall, be commissioners for expendiog the
same : On the road between Howard and Harwich, from the river Thames to Talbotroad,
the sum of one hundred pounds ; and that Messrs. Christopher Arnold and Bobert Wood
be commissioners for expending the same : On the ridge road through Harwich, for tbe
purpose of levelling the Cradle knolls, the sum of fifty pounds ; and that Messrs. Robert
Wood, John Diamond, and James Little, esquire, be commissioners to exfenithesme:
On the road from Isaac Wilcock's across the river Thames plains, to the first /ork o( the
Thames, the sum of sixty pounds ten shillings ; and that Messrs. Daniel DoIsod, Francis
Drake, and George Jacob, junior, esquire, be commissioners for expending the same: On
the road dividing the townships of Chatham and Camden, from the river Thames through
Dawn, to East Beitr creek, the sum of twenty-four pounds ten i>hilliiigs ; and that Chris-
topher Arnold and Alexander Wallen be commissioners for expending tbe same.
XXII. And be it further enacted by the authority aforesaid. That some one of tbe
commissioners hereinbefore named or appointed under the authority of this act, for any
division of road, shall, and is hereby required, to make oath before one of the justices
of the peace in the district in which such commissioner or commissioners shall act ; sm
annex or subjoin the same to the schedule or abstract statement of the expenditure of toe
monies under the direction of such commissioner or commissioners, in tbe following 'oc"''
" I, A. B., a commissioner under the road act, make oath and say, that the prefixed
schedule or abstract statement, is a true and faithful account, in all its particulars, of the
monies expended by the commissioners of which I am one, to the best of my knowlea?^
and belief. So help me God."
, , XXIIL And be it further enacted by the authority aforesaid, That any monies to ^
pddttidaeeoiuitedfor. Lud out aod .expended under the provisions of this act, shall be paid by the receiv^
general to the treasurers of the several districts, in discharge of such warrant or wairaB
mke mUi to the eor-
netacM of thoir m-
Moniea gnnted, liow
Digitized by VrjiJijQlC
El.]:^£nth Paiii.iam£NY.] C. IT. — FtRirr Y<ar di* Wilmam IV. — 1831.
a^ shall be issued for that purpose by the governor, lieutenant governor, or person admi-
nistering the government of this province, for the time being, and shall be accounted for
to his Majesty through the lords commissioners of his treasury, in such manner and form
as his Majesty, his belts or successors, shall be graciously pleased to direct.
XXIV. And be it further enacted by the authority aforesaid. That the treasurers of
the several districts are hereby authorized and required to pay over to the respective
commissioners named in this act, or appointed under the authority thereof, or a majority
of them, the several sums by this act appropriated, to be expended on that portion of the
roads which such commissioners are appointed to superintend : Provided always, That
the said treastirers shall not be entitled to any commission for receiving and paying the
several sums of money mentioned in this act.
XXV. And be it farther enacted by the authority aforesaid, That in the event of the
deaths removal, or refusal to act, of any of the commissioners Tnatfs& in this act, it shall
and may be lawful for the governor, fieuteiMmt'-governor, or person administering the
^vernment of this province, for. ihe" time being, to appoint such person or persons as he
shall think fit, to fill the vacancies that may be occasioned as aforesaid.
XXVI. And be it further enacted by the authority aforesaid, That it shall be the duty
of the commissioners hereinbefore mentioned, and they are hereby required, in all cases
where improvements are to be made upon the roads and bridges throughout the several
districts of this province, to expose the same at public auction, and in small portions,
^vfaere it tnay be practicable, so as to afford ample competition to all persons desirous of
contracting for portions of the work to be performed, and to strike off the same in con-
venient portion, to the lowest bidder, having in all cases given at least three weeks^
previous" notice thereof by public advertisement, or to procure the performance of suck
improvements or repairs in such manner as the majority of such commissioners shall deem
most advantageous and expedient : Provided always. That no commissioner hereinbefore
named shall be a contractor for the performance of any part of the work over which .he
shall have been Appointed such commissioner. *
XX. And be it /urther enacted by the authority aforesaid, That it shall be the duty of
the commissioners hereinbefore named, or that may be appointed under the authority of
this act, and they are hereby required, to make out, and at the time of paying over any
monies, cause to be executed in the presence of at least one respectable witness, vouchers
or pay-lists, containing abstract statements of the money expended, and the service per-
formed ; stating the names of the several contractors ; the pieces of work performed ; the
rate at which such work shall have been performed ; and the signatures of the contractors,
acknowledging the receipts of the sums opposite their names respectively; which vouchers
shall be made according to the annexed schedule or form, and transmitted to the office of
the governor, lieutenant governor, or person administering the government, on or before
the thirty-first day of December next, and by him laid before the commons house <^
assembly, at the ensuing session of parliament. ^
am
Treunren to psy i
men toe
Governor may
coiiuiiutioiien>
of Tsoanciei'
tlow eoBtrtuiU jure
be let.
tokeep
proper Tonehen toac-
eompeny their ae-
eounts.
SCHEDULE,
Or abstract Statemert a;vd Rcceipta or Momcs sx]>endei» ik the District, vitdbr TRe Road Act
OF 1881, BY A. B. Airo C. D. Commissxokbrs.
Contractors' Names.
Description of work
contracted for.
Sams Jn currency for Which
contracts have been made.
Signatures of Con-
tractors acknowledging
the receipt of the sui
opposite their names.
Names of witnes-
ses to the payment
and signatures.
Digiti
zed by Google
C. 18.— First Year of Wii^liam IV.— 1881.
[Fiwi Sttnoa,
^reuiMe.
D«b*MtarM to th« ex-
tent of X00,000 OMIT be
tsModtotfie WeUaad
cvmI eomiMuij, npon
^▼iagMcnritj.
Inter jtt cto debentnrei
Msblebdf yeariyin
London.
Money liow to tees-
pended.
IMMBtnret chufed on
the genend reTenuee
of tlie proTince.
Directors to appropri-
ate tollf to the payment
of the interest on the
debentaree.
de&nlt fhaU
by the Wel-
" ly in
In
be
land eanal oompnnj
the payment of the
tereet and principal,
when due, canal may
be taken possession of
for the nse of his Ma-
jesty.
Secnrity to the amount
of £25,000 to be leiTen
for the due application
of the money, and for
payment of half the
aboTC loan, and inter-
est.
Chapter XVIII.
An ad to afford Juriher aid to the WeUand Canal Company, and to rtfeol part of tad
amend the laws now in force relating to the eaid company.
[Passed Manh !«,»».]
Wrkrkas the WeUand canal comfNiny are desirous of raising bj loan the sumof fifiy
thousand pounds, of lawful money of this province, to complete the said canal frwn the
rivet WeUand to lake Erie ; and whereas it is expedient to afiford public aid, in fuithenocc
of the said undertaking, upon security of the said canal company, as hereinafter mentioned;
be it therefore enacted by the King^s most exceUent Majesty, by and withtheadTkeanl
consent of the legislative council and assembly of the province of Upper Canada, coDsli-
iuted and assembled by virtue of and under the authority of an act passed in thepaHiameot
of Great Britain, entitled, << An act to repeal certain parts of an actpassed in the fourteenth
year of his Majesty's reign, entitled, * An aot for making more effectual provision forth
Svernment of the province of Quebec, in North Americn, and to make further proTisioo
• the government of the said province,' " and by the authority of the same, ThA
whenever the said WeUand canal company shall have executed a bond, under fonn of
law, conditioned for the punctual payment of the interest and principal of such debentures
as shall by the authority of this act be issued for their benefit ; and shall abo bare exe-
cuted a mortgage upon the canal and the tolls thereon, as collateral security ibr the payment
of the said condition, then it shall and may be lawful for the governor, lieutena&t governor,
or person administering the government of this province, to authorize and direct his
Majesty's receiver general of this province to issue and deliver to the directors of the
said company the debentures of this province, to the amount of fifty thousand poondd, in
sums not less than two hundred pounds each, as may be required by the said direetois,
payable to the order of the said company, at the expiration of twenty-five years from tfae
passing of this act, with interest at the rate of five per cent, per annum, payable half
yearly in the city of London, at such place as shall from time to time be named by the
president of the said company for the time being, and published in two newspapers of
said city at least three months before such interest shaU become due, and whenever m
change in the place of payment shaU be made, such notice shall again be given in the
same manner : Provided also. That no part of the said sum of fifty thousand pounds sball
be expended by the said WeUand canal company in building boats or vessels, erecting
storehouses, or in any other manner than in completing of the said canal, and the towis;
paths, locks, and harbors, appertaining thereto.
II. And be it further enacted by the authority aforesaid, That all such debentures as
are hereby authorized to be issued, and the interest thereoh, shall be and are berebr
charged and chargeable upon, and shall be repaid and borne out of the monies that sball
come into the hands of the receiver general, to and for the public uses of this prorinee,
and at the disposal of the legislature Uiereof.
III. And be it further enacted by the authority aforesaid, That it shall be thedutjot
the directors, in the appropriation of their tolls, to make provision for the payment of ibe
interest of the aforesaid debentures, pursuant to their tenor, sufficient for one year in
advance, and to have that sum always at their conunand before any dividend of profits to
the stockholders shall be declared ; and further, in their annual report to the farUmeDi^
they shaU particularly name the place and manner in which the same is deposit oi
invested.
IV. And be it further enacted by the authority aforesaid^ That all such debentures,
with the interest thereon, and all charges incident to or attending the same, shall be and
are hereby charged and chargeable upon the fund provided by the securities given for the
repayment thereof, by the said Welland canal company ; and if at any time, satisfactorr
provision shall not have been made, in tlje manner named in the preceding clause, for tw
payment of the interest and the principal, when due, it shall then be lawful for his Ma-
jesty's receiver general ( ^ * ' .... . -
the name and on the behalf <
such agents, collectors, and v*..^. w.^^^.», «« ...«j ^^ .^^-....*^ -^ ^ — ^
deposit and apply the proceeds thereof to the payment of the interest and principal afore-
said : Provided always. That no part of the said sum of fifty thousand pounds dhaB beadran-
ced to the said company, untU personal security shall have been given to the satisfaction o
his excellency the lieutenant governor, to the amount of twenty-five thousand poun S
that the said canal shall be completed for ship navigation from the said river ^^"'°*
some point in lake Erie, to be fixed upon by the directors of the said company for a
bor, and that the said harbor shall likewise be completed without any further pan
that purpose ; and that the said company shall bear harmless, and keep '"^^™" f '^y
government of this province of, from, and against, the payment of one half ^^J" ^ ^
sum of fifty thousand pounds, and the interest from time to time growing due therco
Digitized by VrjiJOV IC
JSliflTWTH ^MULIAMSNTt]
C. 19 — FiBST Ysuoi Of WiuiAM IV.— 1831.
tf86
y. ^d be it further enaeled by the authority aforesaid. That the president and direct
tor9 of the Wellaod cansd company ahall be permitted to occajpy such portion of the Grand
river, and the land adjoining the same, from the upper part of the dam erected by tb^ said
company across the same, and thence to the mouth of the said river, as may be necessaiy
for a towing path* warehouses, and other buildings or erections, and to improve the
navigatiQQ thereof by the use of dredging machines and otherwise ; and that the said
company shall have the privilege to extend their canal for ship navigation to the said
Grand river, and to any other bay or harbor on lake Erie to the eastward from the mouth
of the said river, and occupy the same as aforesaid, as they may think the public convenience
acid the interest of the said company may require.
VI. And be it further enacted by tiie authority aforesaid, That the eleventh clause of
the act to grant a further loan to the Welland canal company, and to regulate the further
operations, passed in the sec<md session of the tenth parliament, by which the said com-
pany are restricted from extending said canal to lake Erie, without further legislative
provision for that purpose, and the fifteenth and sixteenth clauses of the act passed iii the
sixih year of his late Majesty's reign, entitled, ^^ An act to repeal part of and to extend
the provisions of an act passed in the fourth year of his present Majesty's reign, entitled,
'^ An act to incorporate certain persons, therein named, under the style and title of the
Welland canal company,' " be, and the same are, hereby repealed.
VIL And be it further enacted by the authority aforesaid,. That John Warren, esquirci
Samuel Street, esquire, and David Thorburn, esquire, shall be arbitrators to settle and
award the damages sustained by individuals whose property has been injured by the
operations of the company, or whose property shall have been, olr may hereafter be, taken
by the company, and with whom the company have not agreed and cannot aeree, and
whose claims have not been adjusted under former laws, whose decision shall be final
between the parties ; and the said arbitrators shall be allowed for every day of their
attendance to the duties of such arbitration, the sum of twenty shillings.
VIII. And be it further enacted, by the authority aforesaid. That the said arbitrators
shall be sworn before some one of his Majesty's justices of the peace, well and truly to
hear and determine all matters submitted to them, ^nd a true judgment to give according
to the evidence^
IX. And be it further enacted by the authority aforesaid, That the said arbitrators shall
have full power and authority to summon all witnesses that may be required by any of
the parties, to appear before them, and to swear the said witnesses to testify the truth, the
whole truth, and nothing but the truth, respecting the matters to which they shall be
interrogated, and that they shall be allowed a sum not exceeding five shillings per diem,
accoiding to the discretion of the said arbitrators, and that such remuneration shall be paid
by the party requiring their attendance^
X. And be it further enacted by the authority aforesaid, That a true, full, and particular
account in detail of the expenditure of all monies raised by the Welland canal company
from the debentures hereinbefore mentioned, be laid before the legislative council and
house of assembly by the president, directors and company of the Welland canal company,
which account shall be verified by the oath of the president and secretary of said company,
made before a judge of the king's bench or of any district court in this province, stating
that the said account is a just and true account of the expenditures of the said monies;
CompHiy m9j ezt«ad
their openitioDt to lake
Erie, and improTe the
Grand rirer bdovir the
da}ft.
11th Geo. IV, e 11, i
11, and eth Geo. IV, e
2, a 16 and 16, repealed:
J.Warren, 8. Street^
and D. Thorburn, ap-
pointed arbitrators.
Arbitratontobe tworii.
Arbittaton Inaj
mon witneaaea.
Witnesses to be wWOhk.
Expenses of witnesses
to be setUed bjr arbi'^
tratora.
Accoant upon oath to
be laid before the legis-
lature.
PreamVle.
Chapter XIX.
An act to grant a sum of money ^ and to provide for the improvement of the navigation
of the river Aux Raisin^ in the county of Glengarry.
[Passed March 16, 1831.]
Whersas it would a£ford great advantage to the inhabitants of Williamstown and the
settlements adjacent, if the navigation of the river Aux Raisin were improved and rendered
practicable for boats, from Lancaster to the said village of Williamstown, and it is therefore
expedient to grant a sum of money in aid of the subscriptions of the persons interested in
the said improvements ; be it therefore enacted by the King's most excellent Majesty, by and
with the advice and consent of the legislative council and assembly of the province
of Upper Canada, constituted and assenibled by virtue of and under the authority of an
act passed in the parliament of Great Britain, entitled, " An act to repeal certain parts of
an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same. That from and out of the rates and duties now raised, levied, and col-
lected, or hereafter to be raised, levied, and collected, and remaining in the hands of the
74
Digitized by
Google
V90
£800 gnmUd to hia
JHigetty, for the im-
proTCiaeat dflhe nari-
Ktftioa ofthe rirer Aojc
Saiiin-
How to
for.
I for la j-
•uff oat tht MiA fom.
dvly.
C. leo.— FiftsT Ybab or William IY.— 18S1. [Fibst tenov,
receiver general of this provincerunappropriated, there be granted to his Majesty the son
of three hundred pounds, which sum shall be applied in reniorving ob8tnictioD8aDdbiro>
ving the navigation of the river Aux Raisin, between the village of WilUamstown and
\Bke Saint Francis.
H. And be it further enacted bj the authority aforesaid, That the monies granted hf
this act shall be accounted for to the lords commissioners of his Majesty's treasury, in sod)
manner and form as his Majesty, his heirs and successors, shall be graciously pleased to
direct.
III. And be it further enacted by the authority aforesaid, That Alexander Eraser, Jok
McGillivray, and Hugh McGillis, esquires, shall be commissioners for the puq)ose of expend-
ing the said sum of money, and improving the navigation of the said river Aux RaisiD; aod
that the said commissioners shall cause an account in detail ofthe expenditure of the sad
sum of money, together with a report of the proceedings under this act, to be transmitted
to the governor, lieutenant governor, or person administering the government, to be laid
before the legislature.
iV. And be it further enacted by the authority aforesaid. That the said commissioDefs,
or amr 'Cor/tractor or contractors, or persons employed under them for the purposes of this
act, shall have authority to enter upon any lands immediately adjacent to the said river,
and lay and deposit upon the beach or banlc of the said river, any stone, earth, or odier
materials, which may be removed from the bed of the said river : Provided aifnys, That
nothing herein contained shall be taken to give any authority to any person or persons
Whatever to enter upon any such land for the purposes of this act, at any time when such
entry would prove injurious to any crops planted or sown therein, without the coDsentof
the owner or owners thereof; and, Provided also, That any stone, earth, or other nntb
rial, which may be removed from the bed of the said river, shall not be removed or laid
.on land at a greater distance than twenty feet from the water's edge of the said riven
PKamne.
(See 11th Geo. IV, c
£100 vnezpeiMled in
BaChnnt how to be ap-
lilied.
£76 nnexpeaded in
Gore how to be applied.
£100 VBexpended fat
JLondoB how to be ap-
tJIiaptcr XX.
2tn act to authorize the laying out several sums of money granted by an ad pflhtJai
session ofthe legislature^ entitled^ " An act granting to his Majesty a stm offrntj
for the improvement of the roads and bridges in this province,^^ and which sumrt-
.main unexpended.
tPatMdHueaiS^lSL}
Whersas divers sums of money granted during the last sessicm (tf parliament, to be
applied on roads and bridges, from various causes remain unexpended, and it is expedient
to /provide for the expenditure of such sums of money in the several places and bjtfae
several persons hereinafter mentioned ; be it therefore enacted by the King's most excel-
lent Majesty, by and with the advice and consent of the legislative council and assemblf of
the province of Upper Canada, constituted and assembled by virtue of and under the autho-
rity of an act passed in the parliament of Great Britain, entitled, " An act to repeal certain
,parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An ad
for making more effectual provision for the government of the province of Quebec, m
North America, and to make further provision for the government of the said proWnoe,
and by the authority of the same, That the sum of one hundred pounds ^^^^^
pended, and in the hands of the treasurer of the district of Bathurst, shall be expeaded
and applied on the road in the township of Goulburn, between the third and fourth con-
cessions ; and that Joseph Hinton, Edward Morris, and John Tumey, be conmissionen
for expending the same. .,
II. And whereas the sum of seventy-five pounds, ordered and appropriated by the saw
act to be laid out and expended on the road leading from Smith Griffin's, in the di^t «
Niagara, to the township line between Saltfleet and Binbrook, in the district of W
remains unexpended ; be it enacted by the authority aforesaid, That the said sum
seventy-five pounds be expended on the line run by Samuel S. Wilmot, deputy *"^*^f^
on the rear part of the eighth concession of Saltfleet, in the county of Wentworth,jn
Gore district, whenever the said line shall be confirmed as a common and public higbvay,
agreeably to the laws now in force, to provide for the laying out, amending, and keepi^
in repair, the public highways and roadiiin this province; and that Elijah Sccordjo
.Secord, and Daniel K. Servos, be commissioners for expending the same. .
III. And whereas also by the said act, the sum of one hundred pounds of the ffiou
granted for the improvement of the public roads in the district of London, remains un ^^
pended in the hands ofthe treasurer of the said district ; be it therefore ^^^^^^^^^^^
by the authority aforesaid, That the same shall be expended and applied "P^ j j^ |j
now -opened between the seventh and eighth concessions of (he iownship of Waipo ,
Digitized by
Google
£z.sTaNTH Paruambrt.]
C. SI— FiMV Ydar or Whuah IV.— I8SI.
Ml
The i«m of aaoncT Vb-
ezpended in the Wett-
eni district how to be
applied.
the eontty of Hatdimand y and thai PbiU)» Beemer, Jonalhan Austin, and Ryni^ Potta^
be commissioners for esqiendiag the same.
IV. And whereas by the sand act the sum of forty pounds was directed to be expended
on the bridge at the Chatham fork, in the Western district, part whereof remains unex-
pended ; be it therefore further enacted by the authority aforesaid, That so much of the
said sum of forty pounds as remains unexpended shall be applied towards improving the
communication roaid in the township of Harwich, from the river Thames to the ridge road,^'
and that William McCrea, Jacob Dolson, and Duncan McGregor, be commbsioners for
expending the same.
V. And be it further enacted by the authority aforesaid, That it shall be the duty of Doty of the eommie*.
the said commissioners to observe all the directions contained in the said act, respecting
the manner of making contracts and receiving the money from the treasurers of the several
districts, who are hereby authorized to pay the same to the commissioners aforesaid, under
the provisions and conditions contained in the said act.
VI. And whereas the sum of fifty pounds, ordered by the said act to be expended on
the Montreal road between the town of Kingston and the eastern limit of the county of
Frontenac, remains in the hands of the treasurer of the Midland district unexpended ; be
it therefore further enacted by the authority aforesaid, That the said sum of fifty pounds
be laid out and expended as heretofore directed, and that John McAulay, Elijah Beach,
James Atkinson, and Dpugald Thomson, be commissioners for expending the same.
£80 xukexpendti ita the
hendt of the treMvrer
of the MidhBiddifltriet,
how to he applied.
Chapter XXI*
An act to remunerate James Gordon Strobridge for labor and materials provided and
applied by him in constructing the Burlington bay caned.
[Pasted March 16, 1881.]
Most oracious Sov£R£ton :
Whereas by virtue of an act passed in the ninth year of thfe reign of his late Majesty,
entitled, '* An act to provide for the valuation of the labor and materials applied in con-
structing the harbor at Burlington bay," arbitrators were appointed to make the ^aid sthOeo. rv,ei2.
valuation ; and whereas by the said act, the said arbitrators were authorized to inquire as
to all such matters and things as might appear necessary for enabling them to make a just
award concerning the true value of the materials and labor applied by James Gordon
Strobridge in the prosecution of the work ; and whereas the said arbitrators were restrained
hy the said act from awarding a greater sum of money than should at the time of making
their award remain unexpended, of the monies already appropriated for the erection and
completion of the said works ; and whereas it actually appeared to the arbitrators, in the
course of their investigation, that the sum of five thousand five hundred and ninety-one
pounds, eight shillings and five pence half-penny, was justly due to the said James Grordon
Strobridge, for the materials and labor aforesaid, although the sum remaining in the hands
of the commissioners at the time of making the award, was only three thousand two hun-
dred and thirty-four pounds, fourteen shillings and eight pence, unappropriated as aforesaid,
and the said arbitrators were restrained by the said act from awarding more than the said
last mentioned sum, and it therefore appears that the balance remains justly due to the
said James Gordon Strobridge, notwithstanding the relief afforded by the said act, and it
is just that the said James Gordon Strobridge should be remunerated for the labor andf
materials expended at his expense on the said work ; we, your Majesty's dutiful and loyal
subjects, the commons of Upper Canada, in provincial parliament assembled, beseech
your Majesty that it may be enacted, and be it enacted by the King^s most excellent Ma-
jesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, ^^ An act to repeal certain
parts of an act passed in the fourteenth year of his Majesty's reign, entitled, * An act for
making more effectual provision for the government of the province of Quebec, in North
America, and to make further provision for the government of the said province,' " and by
the authority of the same, That from and out of the rates and duties already raised, levied,
and collected, or hereafter to be raised, levied, and collected, to and for the uses of this
province, there be granted to his Majesty, his heirs and successors, the sum of two thou-
sand three hundred and fifty-six pounds, thirteen shillings and nine pence half-penny, to
be issued out of the sums now remaining, or that may hereafter come into the hands of
the receiver general unappropriated, which said sum shall be disposed of and appropriated
as follows, that is to say : The sum of two thousand three hundred and fifty-six pounds,
thirteen shillings and nine pence half-penny, being the said balance due to the said James
Gordon Strobridge, as the balance of the remuneration of the labor and materials used
and applied in and about the> said work, by the said James Gordon Strobridge, which said.
Digitized by
£2366 18i.9|d. gnat-
edto hii Migesty to
remnnente J. G. 8tro>
hridg« for work done
to the Bnrlinstoii e«^
Google
HowpMdaad
«dfor.
C. tt, Sd> 24, Mk-^FiuT Yw^ti 09 Wis^uam IV.— 18S1. {Amw
•mn of two ihauBand three hundred and fifty-six pounds^ tiiiHeen fthfllniRgii andlliw i
half-penny, shail be p^id in discharge of such warrant or wamntn as ahall for thai fnrpoi^
be isBued by the governor, lieutenant governor, or person adndnfatefing the go^erainent
of thii pro¥in.ce, and shall be accounted for thtx>ugh the lords ecHnmisaioneri of Ida Ma-
jesty's treasury, in such manner and fotm as his Majesty, his )iefrs and sucoeasof*, riiaU
be graciously pleased to direct.
Chapter XXII«
An act to indemnify Rostoett Mounts esquire^ for monies advanced hy him to conysteie
a bridge across the river Thames^ from Delaware to Catradoe.
{Granting him £75 Ss. Id. for th^t purpose /|
Chapter XXIII.
An act to make good ctrtain monies paid under the warrmUs df bis tasedkncg^ the keth
tenant governor in advance^ to defray the cofUingencies of the last ssMsitm of iAe
legislaiure,
[Gnmtinc £3,212 12s. 3d. to meet the like turn adyaaced towards the contingeat ezpeuea of the liyatahiff^ dwiag tha
session iSSfl.]
Ifkeamhle.
£100 graatfd to his
Majesty, & aid of the
York hospital.
(See ilth
Geo. IT, e
How to he paid and ac-
eoonted for.
Chapter XXIV.
An act to grant a sum of money to his Majesty , in aid of the York hospitoL
[Tasted Vbmh U, 18B1.1
MdsT i^ACious Sovereign:
Whereas the public hospital in the town of York has been found of gF^at benefit amr
advantage, in affording medical and surgical assistant^e to many destitute and ni^brtunate
emigrants and others, and it is therefore desirable to extend aid to the said institntion ; we
therefore beseech your Majesty that it may be enacted, and be it enacted by the King^
ipost excellent Majesty, by and with the advice and consent of the legislative eouneil and
assembly of the province of Upper Canada, constituted and assenibled by virtue aS and
under the authority of an act passed in the parliament of Great Britain, entitled, '' An aet
to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, in North America, and to make further provision for the government of the
said province,' " and by the authority of the same. That from and oiit of the rates and
duties already raised, levied, and collected, and unappropriated, or hereafter to be raised,
levied, and collected, and unappropriated, there be granted to his Majesty the suns of one
hundred pounds of lawful money of this province, to be held by bis excellency the
lieutenant governor, or person administering; the government of tbb province, for the
time beine;, in trusty to be applied to the use and benefit of the said hospital.
II. And be it further enacted by the authority aforesaid, That the money bereiiy granted
shall be paid by the receiver general, in discbarge of such warrant or warrants as shall be
issued by the governor, lieutenant governor, or person administering the govenntent, for
4e time being, upon the receiver general of this province, in favor of any person or per-
sons, to be applied to the purposes of this act, and shall be accounted for to his Majesty,
through the lovds commissioners of his treasury, in such manner and fonx\.as his Majesty,
bis heirs and successors, shall be graciously pleased to direct.
(See 9Ui Geo.
Chapter XXV.
lY, • An act for affording aid to WiUiam Chisholm^ esquire^ towards the completion of the
harbor at OakviUey in the township of Trafalgar.
[Passed Merdi 16, 1831.]
Most gracious, Soysrbion :
Whereas by an act passed in the ninth year of his late Majesty's reign, entitled, "An
4ct to enable William Gfaisholm,. esquire, to erect a harbor at the Sixteen-Mfle creek,
in the township of Trafalgar, in the Gore district," authority was given to the said
William Cbisholm to erect the said harbor; and whereas the said William Cbisbolm
has so far proceeded in the erection of the said harbor as, by the protection and con-
tenience already afforded to vessels knd boats, clearly to demonstrate its utility; and
Digitized by VnOOV IC
Parliamsnt,}
C. 96.*^FiRMr Yjuh or Wiukah iV.^lSSl.
iv^hereas a schedule of the lolls which would have been collected at the said haibor, had
the same been finished during the past year, has bj the said William Chisholm been
ezhilnted to the legislature^ whieh auffieieatty wanranta the eacpe^alion of a certain return
of the interest of the monies already exii^ided and necessary to be expended for the
eom^etion of the sud harbor, and in ten years the principal ako ; and whereas the said
William Chisholm has expended from his own private funds the sum of one thousand fo«r
hundred and two pounds, seven shillings and three pence, one farthing, and the wnrk,
when completed, being considered one whieh w3l prove of great utility to that part of
the country in which it is situated, and of safety and convenience to the sbippitig intettsstft
of the lake trade eenerally, it is expedient to loan to &e s^ William Cbishomi tlMB taattk
of two thoasand hve hundred pounds; may it therefore please your Majesty ikat it may
be enacted, and be it enacted by the King'iB most excellent Majesty, by and with the
advice and consent of the legislative council and assembly of the province of Upper
Canada, constituted and assembled by virtue of and under the authority of an act psMed
in the parliament of Great Britain, entitled, *' Aft act to reneri certain parts of an attt
passed in the fourteenth year of his Majesty's reign, entitled, ^ An act fenr making nMir9
effectual pr^^vision for the government of the province of Quebec, in North America, and
to make farther provision for the government of the said province,' ''and by the autboiity
of the same, That it shall and may be lawful for the governor, lieutenant governor^ tif
person administering the government of this province, for tiie tsms being, to authorim
and direct his Miyesty's receiver general of this province to wrise by loan^ from any person
or persons, bodies politic or corporate, who may be willing to advance the same npiMi thu
credit of the government bills or debentures auttiorized to be issued under this act, a«um
of money not exceeding two thousand five hundred pounds, at a rate of interest M^
exceeding six pounds per centum ; which said sum of two thomand five hunAred pcAsnAi
shall be advanced by way of loan to the said William Chisholm, at the same rate of six
per centum interest, to be by him apfdied in the completion c^ the said harbor at th«
Sixteen-Mile creek aforesaid.
II. And be it further enacted by the authority aforesaid, That it shall and may be lalvlal
for the said receiver general, for the time being, to cause any number of debentures lo
he made out, for any such sum or sums of money, not exceeding in the whole the said
sum of two thousand five' hundred pounds, at a rate of interest not exceeding six pet
centum, as any person or persons, bodies p^tc or tjorporate, ^all Agroe to advance e«>
the credit of the said debentures, which debentures shall be prepared and made out in
such method and form as his Majesty's receiver general shall think most safe and con-
venient ; and that for each loan or advance a debenture shall issue, bearing date on the
day on which the same shall be actually issued, conditioned for the pajrment of die said*
sum of two thousand five hundred pounds, or such part thereof as may be actually received,
and redeemable at a period not exceeding ten years, and shall be signed by the scud receiver
general.
III. And be it further enacted by the authority aforesaid. That all and every the pro-
visions contained in a certain act of the parliament of this province passed in the seventh
year of his late Majesty's reign, entitled, "An act to authorize the government to borrow
a certain sum of money upon debentures, to be loaned to the Welland canal compa-
ny," respecting the debentures authorized by the said act passing current with public
accountants ; the payment of interest on the same by such accountants, and the suspension
of interest in certain cases ; the submitting to the legislature accounts of such deben*-
tures ; the paying off and cancelling the said debentures, and the punbhment awarded for
forging any of the said debentures, or for any thins relating thereto, shall apply to, and
be in force in respect to, the debentures which shaU be issued under the authority of this
act.
IV. Provided always, and be it further enacted by the authority aforesaid. That before
the said sum of two thousand five hundred pounds, hereby authorized to be loaned to the
said William Chisholm, shall be advanced by the receiver general, the said William Chis-
holm shall give such security to the said receiver general as he shall deem satisfactcffy,
for the regular payment of the interest, and the final repayment of the principal of .the
sum so loaned, within the time specified in this act ; and that the said sum of money, or
so much thereof as shall be advanced by his Majesty's receiver general to the said William
Chisholm, under the provisions of this act, shall by him be applied towards the completion
of the said harbor, and for no other purpose whatsoever.
£2,000 anlhoriaed to
be niied hj debcntoKf
tobe kMUMd to Wil-
quiro.
Reeohror mend to ii-
fiie the debeatwet.
PMriiiioiirof • former
set to be applicable to
the debentures istued
Hiiiaot.
Ifr. Chiabolm togiTe
■eeofityto Um reeei-
Ter general before tbe
noney k advaaeed.
Digitized by
Google
C. 98, 87.--^Pra0gp Yub of Wiuiam IV.— 1831.
[FntflT teHROJT^
SMStk ChD. IV, «
ST
£S,600tolwndMdbsr
debcatore for the eon-
pletHMi ofKettle creek
hubor.
Reeeirer
■He del
toii-
ProvitBOQi
in the ath Geo. IV, e
18, to be Applieable to
debentiiret
der this eet.
Chapter XXVI»
An act to makejk$fiher provitianfor campleHng the KeMe creek harbor in the dietriet cf
London.
[BwMd Kattk M. isa.]
Most gbacious Sotbrbion:
Whereas aa act was passed in the eighth year of the reign of his late Majesty, King
George the Fourth, for the construction of a harhor at the mouth of Kettle creek, in the
district of London, and the sum of money thereby granted has proved insufficient to com-
plete the piers and works of the said harbor, so as to render the same fit and commodious
for the purposes of navigation and commerce at all seasons ; and whereas there is every
reason to believe that the tolls and dues of the said harbor will fully pay the interest, and
eventually the principal, of the monies expended, and also of the amount necessary to be
expended to finish the same^ and it is therefore desirable, in order that the said harbor
shall be completed with as little delay as practicable, to grant a further sum of money for
that purpose ; may it therefore please your Majesty that it may be enacted, and be it
enacted by the King's most excellent Majesty, by and with the advice and consent of the
legislative council and assembly of the province of Upper Canada,*constituted and assem-
bled by virtue of and under the authority of an act passed in the parliament of Great
Britain, entitled, ^' An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's reigp, entitled, ^An act for making more effectual provision for the
Svernment of the province of Quebec, in North America, and to make further proYisioD
- the government of the said province,' " and by the authority of the same, That it
shall and may be lawful for the governor, lieutenant governor, or person administeriDg
the government of this province, to authorize and direct his Majesty's receiver p^neral
of this province, to raise by loan from any person or persons, bodies politic or corporate,
who may be willing to advance the same upon the credit of the government bills or deben-
tures authorized to be issued under this act, a sum of money not exceeding three
thousand five hundred pounds, at a rate of interest not exceeding six pounds per centum,
to be applied by the commissioners heretofore appointed in completing the said harbor.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful
for the receiver general, for the time being, to cause any number of debentures^ to be
nuide out, for any such sum or sums of money, not exceeding in the whole the said sum
of three thousand five hundred pounds, at a rate of interest not oxocoding six per centum,
as any person or persons, bodies politic or Corporate, shall agree to advance on the credit
of the said debentures, which debentures shall be prepared and made out in such method
and form as his Majesty's receiver general shall think most safe and convenient; and that
for each loan or advance, a debenture shall issue, bearing date on the day on which the
same shall be actually issued, conditioned for the payment of the said sum of three thou-
sand five hundred pounds, or such part thereof as may be actually received, and redeemable
at a period not exceeding twenty years, and shall and may be signed by the said receiver
general for the time being.
III. And be it further enacted by the authority aforesaid, That all and every the provi-
sions contained in the said first mentioned act of the parliament of this province passed
in the dghth year of his late Majesty's reign, entitled, '' An act to provide for the
construction of a harbor at the mouth of Kettle creek in the London district," shall apply
to and be in force in respect to the debentures which shall be issued under the authority
of this act.
Preamble.
Chapter XXVII.
An act for vesting the estates which were of the late Laurent Quetton Saint George^
deceased^ in this provincey in William Warren Baldwin^ and for declaring the truMs
upon which certain other estates are held by the said William Warren Baldtoinyfor
the purpose of enabling the said WiUiam Warren Baldwin the better to carry into
effect the wUl of the said Laurent Quetton Saint George^ and for other purposes rela-
ting to the real and personal estates which were of the said Laurent Quetton Saint
George, in this prouince.
[Passed March 16, 1831.]
Whersas Laurent Quetton Saint Gfl#rse, formerly a lieutenant colonel in the service
of his Majesty the then French King, and chevalier of the royal and military order of
Saint Louis, did, some time in the years one thousand seven hundred and ninety-seven,
or eight, come into this province as a French loyalist emigrant ; and whereas the said
Laurent Quetton Saint George, during his residence in this province, did become seized
and possessed of divers estates, real and personal, as well by virtue of certain grants from
Digitized by VnUU^ IC
Bvmmarm Pabliambnt.] C. 2T,— First Year of William IV— 18SL
his late Majesty King George the Third, made to the said Laurent Quetton Saint George,
as such French loyalist, as by purchase ; and whereas the said Laurent Quetton Saint
George afterwards returned to France, having first made and executed certain letters of
attorney, bearing date the sixteenth day of May, in the year of our Lord one thousand
eight hundred and fifteen, whereby he, the said Laurent Quetton Saint George, made,
constituted, and appointed, William Warren Baldwin, of York, in the county of York, in
this province, esquire, his trustee and lawful attorney for him, and in his name, among
other things, to enter into and upon and take possession of all and singular the messuages,
farms, lands, tenements, and hereditaments, freehold and leasehold whatsoever, to the
said Laurent Quetton Saint George belonging, or in any wise appertaining, or wherein or
whereof the said Laurent Quetton Saint George had any estate or inheritance, and to
make sale of and convey, either in fee simple or other less estate, for the best price that
could be obtained for the same, certain lands and premises, part of the estate of the said
Laurent Quetton Saint George, in the said letters of attorney particularly mentioned ; and
the monies arising from such sale or sales to lay out, invest, remit, and pay over to and
for the use of the said Laurent Quetton Saint George, in such manner and form, and to
such persons, as the said Laurent Quetton Saint George should or might by letter, or
otherwise, direct or appoint, and to sign and execute, and as the act and deed, and acts
and deeds of the said Laurent Quetton Saint George, to deliver any deed or deeds, con-
veyances, and assurances, whatsoever, for conveying either by way of absolute sale, or
in leasehold estates, the therein aforesaid lots of land, with their appurtenances ; and view,
search, and examine the condition and defects of reparation of all the said estates of the
said Laurent Quetton Saint George, and to give directions for repairing the same, and
generally to oversee, set, let, and manage the said estates of the said Laurent Quetton
Saint George to the best advantage ; and also to contract with any person and persons for
leasing any of the said premises, and to accept of surrenders of leases, and for that pur-
pose to make, seal, deliver, and execute any lease or leases, demises, grants, or* other
lawful deed or instrument whatsoever, which should be necessary and proper in that
behalf; and also to sue for, receive, and recover, all manner of debts, dues, duties, rents,
sum and sums of money whatsoever, due, or to grow due, to the said Laurent Quetton
Saint George, in respect of the premises aforesaid, and on non-payment thereof, to «nter
into and distrain, and the distress and distresses found, to detain and keep, or otherwise
dispose of according to law ; and also, for and in the name of the said Laurent Quetton
Saint George, to commence and prosecute any action 'or actions, suitor suits, as well real
as personal and mixed, for the recovery of any debt by bond, bill, or promissory note,
book account, or of any matter or thing whatsoever due or payable, or to become due or
payable, or coming unto, or in any wise belonging or appertaining to, the said Laurent
Quetton Saint George ; and the same action or actions, suit or suits, to prosecute and
follow, or else to discontinue or to become non-suit therein, if the said William Warren
Baldwin should see cause, and also for him, the said Laurent Quetton Saint George, and
in his name generally, to use and take all such lawful ways and means for the recovering,
receiving, obtaining, getting in, and securing any rent, sum and sums of money, and other
things whatsoever, which were, or should, or might be due, owing, belonging, or payable
to the said Laurent Quetton Saint George, by or from any person or persons whomsoever,
as fully and effectually as the said Laurent Quetton Saint George might do if he were
personally present ; and also for the said Laurent Quetton Saint George, and in his name,
to accept and receive any deed or deeds of mortgage, either in fee or for term of years,
as security for any of the aforesaid debts that the attorney might think advisable should
be secured ; and for the said Laurent Quetton Saint George, his executors, administrators,
and assigns, in such deeds of mortgage, to covenant and agree upon payment of the sum
and sums secured thereon, to reconvey the lands and premises mentioned in such mort-
gage to the mortgager, his heirs, executors, administrators, and assigns, according to the
true intent and meaning of the securities ; and whereas the said Laurent Quetton Saint
George afterwards, by his certain other letter of attorney, bearing date the fourth day of
December, in the year of our Lord one thousand eight hundred and eighteen, after reciting
that the said Laurent Quetton Saint George had given the before mentioned power of
attorney to the said William Warren Baldwin, to act as his attorney in every thing con
cerning his affairs, and during the absence of him, the said Laurent Quetton Saint George,
as if it was himself, and that he the said Laurent Quetton Saint George had full confidence
in'the said William Warren Baldwin, and that by the said power, he, the said Latu^nt
Quetton Saint George, had restrained him, the said William Warren Baldwin, to the sale
only of certain lots of land, did authorize and give full power to the said William Warren
Baldwin to sell or lease any lot or lots of land of him, the said Laurent Quetton Saint
George, in whatsoever part of the province they might be, and to execute any deed or
deeds to that effect, as if it was himself, the said Laurent Quetton Saint George, and to
turn the money or monies arising therefrom according to the orders of the said Laurent
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C. »7,r^Vt»n Y9SA9L o¥ WiuLiAM IV.— 1831. [Fjott^ £isMiW)
QliattoD 8aiot Peoise, by letter or lettei^ ; and wbereas the said Lnurent Quelton Saint
M0«»ge, after hi« aaid return to France, that is to say, on the eighth day of June^ in the
jrear of our X^ord one thouaand eight hundred and twenty-one, did depart this life at the
city of OrleanSf in France, leaving Adele de Barbeyrac de Saint Maurice, his widow, and
Henry Joseph Charles Quetton de Saint George, his only child, legitimate heir surviving;
i^id l^iog at the time of his death seized and possessed of divers estates in this province,
re^l and personal, acquired as aforesaid, and having made his last will and testament in
writing, in the Frepch language, which said will and testament has been, since the death
of the said itaurent Quetton Saint George, proved aud authenticated in France, according
ta the laws of that kingdom, and in this province in the court of probate, according to the
Inws and cu9toma thereof^ and administration thereof granted and committed to the said
William Warren Baldwin by the said court of probate, a translation of which said last
will and testaBMut into the English langus^eJollows in these words, that is to say :
^^ I, the iindefsigned Laurent Quetton de Saint George, formerly lieutenant colonel,
chevalier of the roy^l and military order of Saint Louis, dwelling and inhabiting at Moot*
pellier, desiring to use the power granted me by the law, have made my testament, and
the disposition of my last will, as follows : By mj marriase contract with Madame Adele
de Sarbeyrac de Saint MauricCi I have made to my said wife such endowments as will
assure to her ^fter my decease a respectable support; nevertheless, wishing to give her a
n^w testimony of my esteem and of my affection, I further give and bequeath to her the
popaesaion of all the lands, vineyards, &o., &c., which I have bought since our mairiage,
or which L may buy, and which are or shall be united to the domain of L. Engarau. I
§|ye and bequeath to Marie Antoinette Q. Aures, who passes for my niece, a boarder at
t* Germain en Laye, at the house of the Ladies de St. Thomas, the sum of fifty thousand
ic^cs, to be paid to her, twenty-£ve thousand on the day of her marriage, and the other
twenty-five tbou^nd one year afterwards : In case that she should not marry, the fifty
thousand francs shall not be paid to her ; but I assure her an annuity for life, of two thou-
s^fiA (fanics per annum, which my heirs shall pay to her eyery six months by half, and in
advance. I have but an only son, Henry Charles Joseph Quetton de Saint George : he
shall be my sole heir ; but in case that on the day of my decease, there be any oUiery or
several ^ther children, issue of my marriage with the same Lady Adele de Barbeyrac, 1
l^ve and bequeath hy pceciput, and exclusively to, my son above named, the fourth of all
the property which I shall leave, first deducting the gifts and lepcies. If my son, and
the other children which may be born of our marriage, have the misfortune to be deprived
of their father before they attain the age of their majority, their mother shall be their
tutrix, and will preserve for them, I do not doubt, a fortune which I have so laboriously
acquired. J desire that the council of the family name to them, as under tutor. Monsieur
Noel Quetton, merchant, my brother, whose friendship and good advice cannot but be
Ufeful. I revoke and annul all other testaments prior to the present, especially that which
I n»ade at York, on the thirteenth of May, one thousand eight hundred and fifteen, signed
by mie, and by D'Arcy Boulton, junior, D. McArthur, and Ambrose D'Farcy, witnesses.
I have made such disposition as appeared most proper to realize and recover the property
which I possess in Canada : Monsieur William Warren Baldwin, member of the parliament
of the province, my intimate friend, liviug at York, has always well assisted me, and has
promised me to continue his good offices and his care, even after my decease, for the
success of this design. I wish, and intend expressly, .that my children and their mother
content themselves with receiving what shall be remitted or sent to them by him, and that
they be entirely satisfied with his declaration as to the state and condition of the said
property, excusing him from all other accounts and all responsibility. My confidence in
Monsieur William Warren Baldwin is and always will be without bounds ; it is fully jus-
tified, as well by the knowledge which 1 have acquired by his frank and honest character,
of his exact and rigorous probity, and of the delicacy of his sentiments, as by the tender
friendship he has shewn to me ; and of which he has given me so many proofs in all
circumstances, that I cannot find expressions sufficient to testify to him the lively gratitude
with which my heart is penetrated to him. This is my testament olographe, made in two
originals, entirely written, dated and signed with my hand ; of which, the one to be placed
in trust with my wife, and the other with Monsieur Anduze, notary, at MontpeUier, my
friend. Made at Montpellier, the fifteenth of February, one thousand eight hundred and
twenty-one. [Signed] Quetton St. Gborge.''
And whereas, after the death of the said Laurent Quetton St. George, that is to say, on
the eleventh day of June, in the year of our Lord one thousand eight hundred and twenty -
qne, at Montpellier, in France, aforesaid, the said Adele de Barbeyrac de Saint Maurice,
widow of the said Laurent Quetton Saint George, and tutrix of the said Henry Charles
Joseph Quetton de Saint George, then, and still being an infant under the age of twenty-
oiie. years, by her certain letter of attorney, bearing date the same day, made and appointed
4ie said William Warren Baldwin her attorney, general and special, in all matters con-
Digitized by
Google
£l>«TKirFH PAlUJAMEirr.]
C. «7 — FiMT Ybah or Wix^liam IV.— 1831.
aaar
cerning the estates, real and personal, whereof the said Laurent Quetton Saint Oeotga
died seized, possessed, or entitled to, and in and by the said letter of attorney declared
that she had in said William Warren Baldwin a confidence as unlimited as that which her
said late husband had always testified for him ; and whereas the said Laurent Quetton
Saint Qeorge was an alien, bom out of the dominions of his Majesty, that is to say, in
France, aforesaid ; and whereas the said Henry Charles Joseph Quetton de Saint George
was also born out of the said dominions, that is to say, in France, aforesaid ; and notwith-
standing the provisions of the provincial and imperial naturalization acts, doubts may be
raised by some, whether the said land and estate real, whereof the said Laurent Quetton
Saint George died seized and possessed, are not liable to forfeiture and escheat ; and
whereas his excellency the lieutenant governor has been pleased by message to signify his
Majesty's royal {Measure graciously to forego any and every such rights of forfeiture and
escheat; and whereas it is desirable that the said lands and real estates, whereof the said
Laurent Quettoh Saint George died seized and possessed, as aforesaid, should be vested
in a trustee, so that the same may be sold and disposed of, and the proceeds thereof
applied to the uses, intents, and purposes, expressed in the said will of the said Laurent
Quetton Saint George ; and whereas it is desirable that the same should be vested in the
said William Warren Baldwin, according to the desire of the said Laurent Quetton Saint
George, and the trust and confidence expressed in his said last will, and that the said
William Warren Baldwin should be enabled efiiectually to proceed in the settlement of
the aflbirs, estates, rights, and credits, which were of the said Laurent Quetton Saint
George, according to the said will ; be it therefore enacted by the King's most excellent
Majesty, by and with the advice and consent of the legislative council and assembly of the
province of Upper Canada, constituted and assembled by virtue of and under the authority
of an act passed in the parliament of Great Britain, entitled, '^ An act to repeal certain parts
of an actpa^ed in the fourteenth year of his Majesty's reign, entitled, ^ An act for making
more effectual provision for the government of the province of Quebec, in North America,
and to make further provision for the government of the said province,' " and by the
authority of the same. That all and singular the lands, tenements, and hereditaments,
mentioned and enumerated in the schedule to this act annexed, marked ^., and which
were held, or deemed to have been held, by the said Laurent Quetton S^nt George, at
the time of his death, shall be, and the same are, hereby vested in the said William War-
ren Baldwin, his Jieirs, executors, administrators, and assigns, to have and to hold the same,
with the appurtenances, to the use of the said William Warren Baldwin; his heirs,
executors, administrators, and assigns, in the like estate as the same were or would have
been had and held by the said Laurent Quetton Saint George, had he been a natural bom
subject of his Majesty, upon trust, nevertheless, to hold, sell, exchange, dispose of
absolutely, and convey the same, from time to time, and together, or in parcels, as the
said William Warren Baldwin, his heirs, executors, or administrators, the trustee or
trustees for the time being, may think fit, and to receive and take the proceeds of such
sale, and to pay and expend the same to and for the uses, intents, and purposes, expressed
in the said will of the said Laurent Quetton Saint George : Provided always, That
nothing in this act contained shall be held to acquit or discharge the said William Warren
Baldwin, his heirs, executors, or administrators^ or any trustee or trustees, under the''
authority of this act, from any malversation, malfeasance, or misfeasance, in the raanage-
naent of the said estates, rights, and credits, which were of the said Laurent Quetton
Saint George, whereby the said Henry Charles Joseph Quetton lie Saint George, or any
other person or persons riglitfuily claiming under the will of the said Laurent Quetton
Saint George, have been, or shall or majr be damnified or injured ; but that the said William
Warren Baldwin, his heirs, executors, and administrators, and all trostees under this act,
shall, notw^ithstanding this act, be held answerable and accountable, in his Majesty's courts
of law and equity in this province, in like manner as other trustees, agents, and execu-
tors, are or shall be held answerable and accountable.
II. And be it further enacted by the authority aforesaid. That the said William Warren
Baldwin shaU and may proceed in the recovery of all debts which now remain due to
him, the said William Warren Baldwin, as executor of the said Laurent Quetton Saint
George, in the like manner, and by the same remedies, as debts between subject and
subject in this province may be prosecuted and recovered in law or equity ; and upon
settlement and compromise of such debts, he, the said William Warren Baldwin, his
heirs, executors, or administrators, trustee or trustees, for the time being, may accept and
take land or other real estate or security, as to him or them may seem ailvisable, and such
land or other real estate to hold and sell again, exchange, dispose of absolutely, or convey
from time to time, and together or in parcels, and for such price or prices as the said
William Warren Baldwin, his heirs, executors, or administrators, may think ^t, and to
receive and take the proceeds of such sale and sales, to and for the uses and intents and
purposes expressed in the will of the said Laurent Quetton Saint Greorge ; Provided
75
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C. «T.— Fnwr Ybab or Wizxiam IV.— 1831.
{F.
W. W. Baldwin to btt.
KsponuMe for ■Bonjeg
receiTed hj him onder
thtMlhanljoftkuact
Hit JdmiMty**
r*! Deneh inTCtted
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land in Whitbj, retted
in W. W. Baldwin to
hif own nae.
always, That all conveyaneea of sueb land made ta the eaM Willian Wavres Baldwin, or
his bein, dhall express that Ihe same are nade under Ae antherity ef due net, and thai
One said lands, or other reid estate or security, are to be held in trust to hold and sell
again, exchange, dispose of absohitely, and c<»yey tKe same from thne to time, aad
togeflier or in parcels^ as the said William Warren Baldwin, or bb hein, may tUnk fit,
and the proceeds arisioc from such sale to receive and take to and for the uses, iatoate,
and purposes expressed m the said will of the said Laurent Qnetten Saint Geor^ge.
ill. And whereas the said William Warren Baldwin, as such agent and attom^ far
the said Laurent Quetton Saint Creorge, and by his particolarinstmations in the oomproiBiae
of debts due to the said Laurent Quetton Saint George, or to him the said VfHUmn War*
ren Baldmn, as his executor, hath accepted and taken in comprondse and satiafiMlioD for
debts due to the said Laurent Quetton Saint George, but in bis own name, ^&wms tanda,
tenements, and hereditaments ; and whereas it is desirable to declare Ae tnista upon
which the same are held; be it therefore enacted by the authority' aforesaid. That aM and
singular the lands, tenements, hereditaments, and premises, mentioned and enmneraled in
the sclvedole to this act annexed and marked B.^ ^i4iichsaid lands, tenements, and heredi-
taments, have been heretofore purchased, accepted, or taken, by the said Wittiam Warren
BdMwin or others; the agents of the said Laurent Quetton Saint Geoi^, meoneideratioo,
satisfaction, or compromise of such debts, and not again sold or disposed of, shall be, and
the same are hereby declared to be, held by the said William Warren Baldwin, in trest
to hold, sell, exchange, dispose of absolutely, and conyey the same from tiane to thne,
and together, or in parcels, and for such price and prices as the said WilHaiD Warren
Baldwin, his heirs, executors, or administrators, may think fit, and to receive and take
the proceeds of such sale or sales,' to and for the uses, intents, and purpoaes, expreesed in
the will of the said Laurent Quetton Saint George.
IV. And be it further enacted by the authority aforesaid. That the said William
Warren Baldwin, his heirs, executors, and administrators, and not the purchaser or
purchasers from or under him or them, under and by virtue of this act, shall remain
answerable to the said Adele de Barbeyrac, the said tutrix, and to the said Henry Charles
Joseph Quetton de Saint George, for the monies and proceeds of the estates, to be sold
under and by virtue of this act, according to the true intent and meaning of the saki will
of the said Laurent Quetton Saint George, he, the said William Warren Baldwin, and bis
heirs, executors, and administrators, being in no wise answerable or accountable for the
application,' misapplication, or nonapplication of such monies or proceeds, or of any part
thereof, by the said tutrix, or any other tutrix, or tutor, or guardian, whatsoever : Provided,
nevertheless, Tfiat it shall and may be lawful for the said William Warren Baldwin, his
heirs, executors, and administrators, to keep and retain to his and their own use and uses,
out of such monies and proceeds, all reasonable compensation and disbursements for die
services, costs, and charges, done, or to be done, performed, expended, and paid by turn,
them, or any of them, in the business and execution of the several trusts, in this act
expressed or referred to, and by the said trusts in any wise required, or necessary, or
advisable to be done; and, Provided also, That the said William Warren Baldwin, his
heirs, executors, and administrators, trustee or trustees, under this act, shall be answerable
and accountable to the said Adele de Barbeyrac de Saint Maurice, the tutrix aforesaid, and
to any tutrix or tutor regularly appointed in her place and stead under and according to
the laws of France, and to the said Henry Charles Joseph Quetton de Samt GeorgBf his
heirs, executors, or administrators, in an action of account, as her, his, or their baSid^ for
all monies received by him, them, or any of them, under the authority of this act; and,
Provided abo. That his Majesty ^s court of king's bench in this province shall and may,
from time to time, have and hold equitable jurisdiction in and over the trusts hereby
created, and shall have full power to make all such orders and decrees touching the same,
or any thing therewith connected, as any court of equity might or could do in the like case.
y. And whereas the said Laurent Quetton Saint Ctoorge in his life time did convey by
deed, unto the said William Warren Baldwin, his heirs and assigns for ever, those certain
lots and parcels of land namely, lots number thirty-two, thirty-four, and thirty-five, in the
fourth concession of the township of Whitby, in the Home district of this province, to
have and to hold the same to the use of the said William Warren Baldwin, his heirs and
assigns forever ; and whereas the said William Warren Baldwin, as trustee, under and by
virtue of this act, cannot further assure the same unto himself, and it is desirable that he,
the said William Warren Baldwin, should be further assured therein ; be it further enacted
by the authority aforesaid, That the said certain lots and parceb of land, namely, lots
number thirty-two, thirty-four, and thirty-five, in the said fourth concession of Whitby
aforesaid, be held and taken to be vested, and are hereby vested, in the said William
Warren Baldwin, his heirs and assigns, forever, in as full and ample a manner as the same
would or might have been vested in the said Laurent Quetton Saint Geoi^ge, had be been
a natural bom subject of his Majesty in this province.
Digitized by vnOOQ IC
EiuiraiirH PAmtiAMBiiT.]
0.97.— FiAsT Ymm or Wiixuv fV.— 1831.
BM
TI. Aad be it further enacted by tire mithority aforesakl. That if the assets in the
hands of the said William Warren Baldwin, as executor of the saad fast wflland testaaaent:
of the said Laurent Queiton Saint George, shall be found insufficient to satisfy any writ or
writs of eiceeution issued, or anr |adgnient or judgments obtained, or which shall or maf
be obtained against the said WiUiam Warren Baldwin, as such executor, in any of hui
Majesty's eourtsin this provinee, out of which a Mrrit of execution against lands and tene*
ments may lawfully issue, then, and in such case, the said William Warren Baldwin shall
he personally liable to the amount of the lands and tenements in his hands, as such trustee
as aforesaid, at the time of the commencement of the suit or suits, and which shall be
sold, conveyed, or disposed of, by the said William Warren Baldwin, pending such suit
or suits, on which such judgment or judgments are or shaU be obtained as aforesaid, and such
part of the said lands and tenements In his hands, as such trustee as aforesaid, at the time
of such judgment or judgments, shall be liable to the said judgment or judgments, and
may be seized and taken in execution, and sold to satisfy such judgment or jtidgments by
the like iM-ocess, and in the same manner, as if the same judgment or judgments were
against the sdd William Warrien Baldwin, in his own right, and the said lands and tene-
ments his own private property, saving always, and reserving to all and every other peraefi
or persons whatsoever, bodies politic or corporate, their heirs and successors, (other than
the King's most exceUent Majesty, his heirs and successors,) the said Henry Charles
Joseph Quetton de Saint George, Uie said Adele de Barbeyrae de Saint Maurice, and the
said William Warren Baldwin, their and every of their heirs, executors, and administra-
tors, all his, her, or their right, title and interest, elaim and demand, whatsoever, of, in, or
to the said ix'emises, or any of them, every or any part or parcel thereof, any thing herein
contained to the contrary thereof, in any wise notwithstanding.
W.BtldwIa m-
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of St G«offt, wider
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SCHEDULE A.
NvMBsm or Lort aitd PAftcfeLi.
CoircBsfioir. Townaw.
AcBXs. R. P.
No. 59 and \ of 58, as described in the King's
patent to Quetton Saint George, in
North half of 59^ east side of Yonge street, in
No. 6, in
2, - in
6 and 7, in
8, 9, 18, and 13, in
31 and 32,
Broken lots 84, 35, 36, 37, and 38,
1
1
4
4
4
8
in 12
and 9, from the )
inj
6 and 7, in
1, . in
23 and 25, in
35, in
9 and 10. in
East hair 10, in
I, and south half 6, in
16, 17, and 18, in
12 and 13, in
49, on Yonge street, in
14, hi
19, m
West halves of 6, 7, 8,
Town plot in village of Dundas, as described 1
in the deed of sde thereof, dated 91st July, I
1810, made by William Hare and wife to |
Quetton Samt 6eorge,<beii^ part' of No. 16, J
No. 8, in
29, in
22, in
25 and t^y in
19, in
25 and 31, in
II, 12, 18, in
6, 19, 80, and 21, in
29, in
60, on Vonge street, in
4
6
1
3
6
4
6
2
7
1
7
8
Vaughan,
Markham,
Mersea,
Mersea,
Barton,
Saltfleet,
Pittsburg,
Reach,
Reach,
Gainsborough,
Whitby,
Uxbridge,
Uxbridge,
Wahingham,
Uxbridge,
East GwtUiaabury,
Maricham,
Bast Gwfllunbury,
East 6wifiiitd»ury,
York,
262
u
a
95
(i
a
200
ii
u
20U
a
iC
200
a
i«
400
<(
u
940
li
u
400
iC
u
200
C(
u
400
u
u
200
iC
ii
400
4i
(C
100
C(
ii
800
(C
ii
600
4C
Cfc
400
«(
iC
190
u
u
200
u
i«
200
«c
ii
400
1 Flamboroogh Weal, 6 «< 26
4
Whitchurch,
200
14
It
6
Whitchurch,
200
ct
i(
5
Scott,
200
«
((
1
Uxbridge,
400
M
((
1
Whitby,
200
U
U
6
Whitchurch,
400
«(
((
7
Saltfleet,
SOO
(«
((
8
BOOatt,
400
<(
((
5
Bevtflr,
MO
(t
((
1
Madibam,
190
M
l<
SeliedaleA.
Digiti
zed by Google
«00
C. 87.— First Ykaii of Wiuiam IV.— 1881.
[Fntst Sittioi,
NvMBBA qr Lots xvd ^itacBx.!.
No. 61, on Yonge street, the south half
thereof, in
West half of 14, in
No. 18 and ID, wes't of Yonge street, in
1, north side of Dutchess street, in
1, south side of Lot street, in
Town plot in village of Dundas, as described
by the deed thereof, bearing date the first
day of August, 1812, and made by William
Hare and wife to Quetton Saint George,
being part of 16, in
Part of lot number SB, as the same is descri-
bed in a certain mortgage, dated 14th day
of July, 1812, made by Henry Widdifield
to Quetton Saint Greorge, in
Part of lot number 7, and the whole of lot
number 8, on the Humber, as described in
a certain mortgage, dated 10th day of July,
-1815, made by John Scarlet to Quetton
Saint George, in
Part of lot number 1, as described in a cei^
tain mortgage, dated 3d day of January,
1818, made by William Bird to Quetton
Saint George, in
Part of lot number 13, in Woodhouse gore,
being lot number 7, west side of Nichol
street, in the villaee of Theresaville, as
described in a certain mortgage, dated 30th
day of January, 1821, made by William
Bird to Quetton Saint George, containing
sixty-four square rods, in
Broken lot 46, on the river Thames, and the
northerly part of No. 46, in the 1st con-
cession of Westminster, as described in a
certain mortgage, dated 30th January,
1821, made by William Bird to Quetton
Saint George, in
(k>ivciitsioir. Towirtnp.
I 1 Whitchurch,
3 Markham,
2 York,
Town of York,
Town of York,
95
100
400
1
1
{( u
U U
u u
u «
^ 1 FlamlxM-ough West, 1
^ 3 Whitchurch, W8
> 3 Ymk, SIO
^ 6 Woodhouse,
Gore of Woodhouse.
^ I Westminster,
200
SCHEDULE B.
Coircxisioir.
NvMBKA or Lots ahd pAmcBLf.
Ofllwaato B. West half of 30, in
Rear or southeast half of 15, south on Talbot
road east, in
Town plot in village of Dundas, being part
of number 15, in the first concession, and
described as town lots Nos. 9, 10, 11, in
the deed thereof, dated the 13th day of
August, 1819, and made by William Hare
to John Baldwin, in
Nos. 5, 6, 7, 8, and 10, northern division,
22, broken front concession B, in
2, 4, 6, in
24, in
16, in
41, and east half of 42, bay side, in
25 and 26j in
26, in
21, in
18, in
16, town lot east side of Pinnacle street, )
in the town of Belleville, in \
SS6, town lot, new survey, in
TowHSHir.
Beverly,
Southwold,
Aeui.
100
100
1 West Flamborough, ^
2 Dorchester,
Haldimand, )
Newcastle, )
6 Aldborough,
9 North Crosby,
6 North Crosby,
1 Marysbur^,
6 Markham,
3 Scott,
6 Scott,
7 Pittsbuifh,
Midland district.
1000
((
u
100
u
«
600
u
tt
200
u
u
200
((
u
150
n
((
400
u
((
200
AAA
a
Kingston,
Digitized by
dOO
1-5
Google
EuifJWTa Pakliambitt.]
C. S7.>-FtiuT Ybak o» WttuAM IV.— 1831.
001
NuMBBA or Lots ajo PAmcBU.
Water lot number S, inner bay, in
18, in
North half of lot number 22, in
Northwest corner of east half of lot number
19, as described in the deed thereof, from
Hugh Christopher Thomson and George
Hill Dehor, to John Spread Baldwin, dated
17th January, 1822, in
The front or northerly three quarters of
numbers 1 1 and 12, as the same are descri-
bed in the deed thereof, made by Thomas
Smith to William Warren Baldwin, dated
.12th March, 1823, in
No. 18, in
The northwest half of lot number 3, in
East halves of 29 and 30, in
That part of number 25, west of Hurontario
street, mentioned in certain letters patent
to be granted to Allan Robinet, in
That part of number 7, east of Hurontario
street, mentioned in certain letters patent,
to be granted to Allan Robinet^ in
No, 18, in
27, in
West half of 23, in
11 and 13, in
10, in
15, in
18, and the westerly half of 17, in
21, in
19, in
24 and 33, in
14 and 18, in
32, in
25, in
26, in
29, in
21, in
15, in
12, and the west half of 2, in
15 and 17, in
7 and 16, in
20, in
18, in
7, 8, 9, and 11, in
18, in
5, in
10, - in
3, in
1 and 3, in
5, in
2 and 5, in
1 and 13, in
14, in
8, 10, and west half of 13, in
11, in
17, in
North half of the east half of number
3, in
23 and 24, in
North half of 61, east side of Yonge
street, in
No. 22, in
West half of 24, east of Yonge street, in
CoircBSsioir. TowviBzr.
Kingston,
3 Pittsburgh,
1 Percy,
> 3 Adolphustown,
^ 6 Aldborough,
10 Caradoc,
3 Aldborough,
1 Mono,
AoBBf. R. p.
1-6 " "
200 « «*
100 " "
2 Mono,
2 Mulmur,
300 " **
200 " «
100 " «
200 " "
160 « «
172
1
Amaranth,
200
a
cc
3
Amaranth,
200
it
cc
3
Amaranth,-
100
a
cc
6
Pittsburgh,
400
«
cc
13
Pittsburgh,
200
cc
cc
9
Pittsburgh,
200
u
cc
11
Rawdon,
300
u
cc •
8
Richmond,
200
a
It
10
Manvers,
200
i€
It '
1
Albion,
400
(C
cc
3
Albion,
400
(C
cc
6
Albion,
200
<c
cc
6
Albion,
200
cc
cc
9
Albion,
200
cc
cc
1
Caledon,
200
cc
cc
6
Caledon,
200
cc
iC
3
Medonte,
200
cc
cc
4
Medonte,
800
iC
cc
5
Medonte,
400
cc
cc
6
Medonte,
400
cc
cc
7
Medonte,
200
cc
cc
8
Medonte,
200
cc
cc
10
Medonte,
800
cc
cc
1
Orillia South,
200
cc
cc
2
Orillia South,
200
cc
cc
4
OrilUa South,
200
cc
cc
5
Orillia South,
200
cc
cc
1
OriIHa North,
400
cc
cc
4
Orillia North,
200
cc
cc
6
Orillia North,
400
cc
cc
8
Orillia North,
400
cc
cc
10
OriUia North,
200
cc
cc
12
Orillia North,
500
cc
cc
16
Orillia North,
200
cc
cc
7
Kingston,
Fredericksburgh, I'
(additional,) S
200
cc
cc
2
60
cc
cc
dkt
12
Rawdon,
400
u
cc
1
Whitchurch,
95
cc
cc
1
Plantagenet,
200
cc
cc
1
York, •
97
cc
cc
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Google
O. i7.-~FfB» Yb<jb or WtuuAU IV.— 18S1.
[Fi
Vmnftm or Loti $mo PAmcsLi.
CoiroBtffov.
The easteriy half of number 2, oq the north
side of Duke street, extending from the
southeast an^e of said lot, 64 feet in front,
on said street, and being the whole depth
of said lot, in
The westerly part of lot number 1, on the
north side of Duke street, extending one
hundred and thirty-six feet in front on the
said street, reckoned from the southwest
angle of the said lot, and the depth of the
said lot m a northerly direction, in
Town of Yoik,
Town of York,
B. p.
1 • 1-10
1 9 1-10
An Aet,
RdaHve to the right of tythea wUhin thia province.
[The royal Mscnt to thk bill wm pnamlgsted bj proolMittttoii, 1>eaffiiig date die 20tt da^ of T^btntarf, JStLJ
Whkrsas notwithstanding his Majesty has been graciously pleased to reserve for die
support of a protestant clergy in this province, one seventh of all lands granted therein^
doubts have been suggested that the tythe of the produce of land might still be legally
demanded by the incumbent duly instituted, or rector, of any paridi ; which donbt it is
important to die well doing of this colony to remove ; be it enacted by the King's
most excellent Majesty, by and with the advice and consent of the legislative council and
assembly of the province of Upper Canada, constituted and assembled by virtue of and
under the authority of an act passed in the parliament of Great Britain, entitled, ^ An act
to repeal certain parts of an act passed in the fourteenth year of his Majesty^s reign,
entitled, ^ An act for making more effectual provision for the government of the province
of Quebec, In North America, and to make further provision for the govemmeat of the
said province,' " and by the authority of the same. That no tithes shall be daimedy
demanded, or received by any ecclesiastical parson, rector, or vicar, of the protestant
church within this province, any law, custom, or usage, to the contrary notwithstanding.
Digitized by
Google
BRITISH STATUTES.
PASSED IN THE FIFTY-SECOND YEAR OF GEORGE IIL
CHAPTER LY.
An act to prevemt foreign good^ of certain descripUone being brougbi from the UnUei
StaUe of America into Canada ; and toaUow a greater quatMy of worsted yarmt^ he
exported from Great Britain to Canada.
[Repxalkd bt era Gko. IY, Ch. lOBk]
PASSED IN THE THIRD YEAR OP GEORGE IV.
CHAPTER XLIY.
An act to regulate the trade between hie Maje^y^s poasessione in America and the Weat
Indies^ and other places in America and the West Indies.
(RspBALSB BT OtB. Gko. TV, Ch. 105.]
PASSED IN THE THIRD YEAR OF GEORGE IV.
CHAPTER XLY.
An act to regulate the trade between his Mcfjesty^s possessions in America and the West
Indies^ and other parts of the worUL
[Rbpbalsd BT Otb Obo. IY, Ca. 106.}
PASSED IN THE THIRD YEAR OF GEORGE IV.
CHAPTER CXIX.
An act to regulate the trade of the provinces of Lower and Upper Canada^ and for other
purposes relating 4o the said provinces,
[Puied Angut 5, 1822.}
Whereas it is expedient to make further regulation respecting the trade of the proYinces
of Upper and Ijov^t CiUiada, in North America ; t)e it therefore enacted by the King's
most excellent Majesty, by and with the advice and consent of the lords spiritual and
temporal, and commons, in this present parliament assembled, and by the authority of the
same, That from and after the passing of this act, it shall be lawful to import by land or
inland navigation, in any British or Ajmerican vessel or vessels, boat or boats, carriage or
carriages, the goods, wares, and commodities, th^ growth, produce, or manufacture of the
United States of America, enumerated in the schedule or table annexed to this act marked
il, from any port or place in the United States of America, into any port or place of entry
M wfafcfa a custom house now is or hereafter may be lawfully established, in either of the
provinces of Upper and Lower Canada : Provided always, nevertheless, That it shall and
may be lawful for the governor, lieutenant governor, or person administering the govern-
ment of either of the said provinces respectively, by and with the advice and consent of
the executive council thereof, for the time being, from time to time to diminish or increase
by proclamation, the number of ports or places which are or hereafter may be appointed
in such province for the entry of goods, wares, and commodities, imported from the United
States of America.
Digiti
(SomnchorthuactM
rektei to the tnd« be-
tween Upper aed Low-
er Candt wMi the
fTtthed fltstetjrepealed
bj SUi Geo. IV, e ISS.)
Goods of the nrodiiee
of the United fltitei
emuBCfated in schedule
A' nny be importedJB-
io cither of Ae ntonn-
ees of Upper and ld>w
er Canaoau
Power to the ^remor
to diminiah or increase
the ports of entiy.
zed by'GoOgle
604
BRITISH STATUTES.
DatlMlo be pdd on
Ih0 RMdi emi
Wham aoT aitiele it
IkUAtoAcoloaialdBtj
•oual to tlM one ioipot-
cd, rack artiela sluU
not be cheiced with
thedotj.
irdiitjbekii,thedif.
fcreaee only fbaU be
Tonnage dntiee for A-
meriean Tetteb to be
the tame at United
States inmoge on Bri-
tiah Tea •eu.
Tahie of mdi to be
aaeertainea in the node
pieseribed br Sd Geo.
iy,c44.
If paynieDt of dntiea be
refoied, eoUector may
aeenre the goodf , and
aeU the uStt within
twenty daya.
After payment of dnty,
oTemnu to be paid to
theunpetter.
»thGeo;III,c».
49th Geo. Ill, e 16, al-
lowing the importation
of mm, repealed.
Additional dnty of Gd.
per gallon on Weit In*
die mm imported into
Ixywer Canada from
thio kingdom, &e.
II. And be it further enacted by the authority aforesaid, That from and after the paaaing
of this act,, there shall be raised, levied, collected, and paid unto his Majesty, his heirs
and successors, for and upon such of the goods, wares, and commodities which shall be so
imported, as are enumerated in the schedule or table annexed to this act marked By the
several duties of customs as the same are respectively inserted or described and set forth
in figures in the said schedule.
III. Provided always, and be it further enacted by the authority aforesaid, That if upon
the importation of any article charged with duty by this act, the. said article shall also be
liable to the payment of duty under the authority of any colonial law, equal to or exceed-
ing in amount tlie duty charged by this act, then and in such case the duty charged upon
such article by this act shall not be demanded or paid upon the importation of such article :
Provided also, That if the duty payable under such colonial law shall be less in amount
than the duty payable by this act, then and in such case the difference only between the
amount of the duty payable by this act, and the duty payable under the authority of such
cofonial laws, shall be deemed to be the duty payable by this act ; and the same shall be
collected and paid in such and the like manner, and appropriated and applied to such and
the like uses, as the duties specified in the said schedule annexed to this act, marked jB,
are directed to be collected, paid, appropriated, and applied.
IV. And be it further enacted by the authority aforesaid. That the same tonnage duties
shall be paid upon all American vessels or boats, importing any goods into either of the
said provinces, as are or may be for the time being payable in the United States of
America, on British vessels or boats entering the harbors of the state from whence such
goods shall have been imported.
y. And be it further enacted by the authority aforesaid. That in all cases in which the
duties imposed by this act upon the importation of articles into the said i»x)vinces, or either
of them, are charged, not according to the weight, gauge, or measure, but according to
the value thereof, such value shall be ascertained in the mode prescribed by an act passed
in this present session of parliament, entitled, ^^ An act to regulate the trade between his
Majesty's possessions in America and the West Indies, and other places in America and
the West Indies."
VI. And be it further enacted by the authority aforesaid. That if the importer or pro-
prietor of such articles shall refuse to pay the duties hereby imposed thereon, it shall and
may be lawful for the collector or other chief oflScer of the customs, where such articles
shall be imported, and he is hereby respectively required, to take and secure ihe same,
with the casks or other package thereof, and to cause the same to be publicly sold, within
the space of twenty days, at the most, after such refusal mlde, and at such time and place
as such officer shah, by four or more days' public notice, appoint for that purpose ; which
articles shall be sold to the highest bidder ; and the money arising from the sale thereof
shall be applied to the payment of the said duties, together with the charges which shall
have been occasioned by the said sale, and the overplus (if any) shall be paid to such
importer, proprietor, or any other person authorized to receive the same.
VII. And whereas a certain act made and passed in the twenty-eighth year of the reign
of his late Majesty, King George the Third, entitled, "An act to allow the importation of
rum and other spirits from his Majesty's colonies or plantations in the West Indies into
the province of Quebec, without payment of duty, under certain conditions and restric-
tions," has been repealed during the present session of parliament ; and whereas doubts
may be entertained whether a certain other act passed in the forty-ninth year of his said
late Majesty's reign, entitled, *' An act to allow the importation of rum and other spirits
from the island of Bermuda into the province of Lower Canada, without payment of duty,
on the same terms and conditions as such importation may be made directly from his
Majesty's sugar colonies in the West Indies," might not still remahi in force, notwith-
standing the repeal of the said first mentioned act ; be it therefore enacted and declared
by the authority aforesaid. That the said last mentioned act shall be, and the same is,
hereby repealed.
VIII. And whereas it is expedient to afford protection to the trade between the said
colonies and plantations and the province of Lower Canada, by imposing the same dutj
upon rum or other spirits, the produce or manufacture of the said colonies, imported from
Great Britain into the said province, as is now payable upon the same articles when
imported from his Majesty's said colonies or plantations in the West Indies ; be it there-
fore enacted by the authority aforesaid, That from and after the passing of this act, there
shall be raised, levied, collected, and paid unto his Majesty, his heirs and successors, for
and upon every gallon of rum or other spirits, the produce or manufacture of any of his
Majesty's islands, colonies, or plantations in the West Indies, which shall be imported or
brought into any part of th^ province of Lower Canada, from Great Britain or Ireland, or
any of the British dominions in Europe, the sum of six pence, over and above all other
duties now or hereafter to be made payable thereon in the said province^ ^
Digitized by VnOOQ IC
BRITISH STATUTES.
605
IX. And be it further enacted by the authority aforesaid, That the rates and duties
chargeable by this act shall be deemed, and are hereby declared to be, sterling money of
Great Britain, and shall be cdlectcd, recovered, and paid, to the amount of the value
which such nominal sums bear in Great Britain ; and that such sums may be receivedand
taken according to the proportion and value of five shillings and six pence io the ounce in
silver; and that the said duties hereinbefore granted shall be received, levied, collected,
paid, and recovered, in the same manner and form, and by such rules, ways, and means,
.and under such penalties and forfeitures, as any other duties payable to his Majesty upon
goods imported into the said provinces of Upper and Lower Canada, or into either of them
respectively, are or shall be raised, levied, collected, paid, and recovered, by any act or
acts of parliament, as fully and effectually to all intents and purposes, as if the several
clauses, powers, dicections, penalties, and forfeitures, i^lating thereto, were particularly
repealed and again enacted in the body of this act ; and that aH the monies which shall
arise by the said duties, (except the necessary charges of raising, collecting, levying,
recovering, answering, paying, and accounting for ibe same,) shall be paid by the collector
of his Majest/'s customs into the hands of his Majesty's receiver general in the said
provinces, respectively, for the time being, .and shall be applied to and for the use of the
provinces of Upper and Lower Canada respectively, in such manner only as shall be
directed by any law or laws which may be made by his Majesty, his heirs or successors^
by and with the advice and consent of the legislative council and assembly of each of the
said provinces respectively.
X. And be it further enacted by the authority aforesaid. That it shall be lawful to
export in any British or American vessel or vessels, boat or boats, carriage or carriages,
from any of the ports or places of entry now or hereafter to be established in the said
provinces, to any port or place in the United States of America, any article .of "the growth,
produce, or manufacture of any of his Majesty's dominions, or any other article legally
imported into the said provinces: Provided always, Tliat nothing herein contained shall
be construed to permit or allow the exportation of any arms or naval stores^ unless a
license shall. have been obtained for that purpose from his Majesty's secretary of state ;
Mid in ease any such artides shall be shipped or water borne, for the purpose of being
exported contrary to this act, the same shall be forfeited, and shall and may- be seized and
prosecuted as hereinafter directed.
XL And be it further enacted by the authority aforesaid, That nothing in -this aet
contained shall be construed to interfere with or repeal, as respects the inland navigation
of the said provinces, any of the provisions contained in a certain act passed in the seventh
and eighth years of the reign of King William, entitled, "An act for preventing frauds,
and regulating abuses in the plantation trade," except in so far as the same are altered or
repealed by this act.
XIL And be it further enacted by the authority aforesaid. That all penalties and ,for'-
feitures incurred in either of the said provinces under this act, (except where it is otherwise
provided,) shall and may be sued for and prosecuted in any court having competent
jurisdiction within such province respectively ; and tHb same shall and may be recovered,
divided, and accounted for in the same manner and form, and by the same rules and'
regulations, in all respects, as other penalties and forfeitures for offences against the laws
relating to the customs and trade of the said provinces respectively, shall or may by any
act or acts of the legislatures of such provinces be directed to be sued for, >prosecuted,
recovered, divided, and accounted for, within the same respectively.
XIII. And whereas it is expedient to encourage the trade between <>anada and his
Majesty's colonies of Newfoundland, Nova Scotia, New Brunswick, and Prince Edward's
island, by enabling the merchants and traders of Newfoundland to export from thence into
Canada, rum and other spirits, the produce of the British West India islands, or any of
his Majesty's colonies on the continent of South America, free of any duty which may
have been imposed upon its importation from any of the places last aforesaid, and for
.which purpose to allow, upon the export of such rum or other spirits, a drawback of the
full duties paid upon the importation thereof; be it therefore enacted by the authority
aforesaid, That from and after the passing of this act, there shall be paid and allowed,
upon the exportation from any or either of the said colonics of Newfoundland, Nova Scotia,
New Brunswick, or Prince Edward's island, into Canada, of rum or other spirits, being
the produce of the British West India islands, or any of his Majesty's colonies on the
continent of South America, a drawback of the full duties (rf customs which may have
been paid upon the importation thereof from any of the places last aforesaid, into any or
either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince
Edward's island, upon a certificate being produced, under the hands and seals of the.
collector and comptroller of his Majesty's customs at Quebec, certifying that the said rupi
or other spirits have been d)ily:landed in Canada.
V«1m of ^QiiM» and
appIicatioQ or tb* «o*
ney arising thereby.
Gcodc, tbe prodoec of
his Majenty'f doiai-
nions maj be exerted
4o any pnrt fa tlic Unit*
ed States; but no arma
or naval stores to be
exported without a li-
cense.
Not to idTeet iniaiidBft-
Tigation of the prorin-
7th and SUi Wa III,
e22.
4lceg^rry and applica-
tion of peaalUes.
Drawback ott the es'
portatioB of nim and
spirits from Ncwfoond*
hmd, &c. to Canada.
76
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606
BRITISH SmrUTBS.
Drawback how iMiya-
ble.
Rum to be exported
ffom Newfimndland
within one rear after
first impoftauoa.
between the pronaeea
by ariritnUora.
cooditieM OB wUeh XIV. And be it further enacted by the authority aforesaid, ThKt no entiy AmM peas,
the drawback ihaUbe ^^^ ^^^ drawback be paid or allowed, upoo the exportation of rum or other mpiwita inm
any or either of the said cblonies of Newfoundland, Nova Scotia, New Braoraicfc, or
Prince Edward's island, into Canada, unless soeh entry be made in the name of the real
owner or owners, proprietor or proprietors of the said goods ; and that before sueh owner
or owners, proprietor or proprietors, shall receive the said drawback, so allowed as aCoic-
said, one or more of them shall verify upon oath, upon the debenture to be made ootiv
the payment of such drawback, that he or they is or are the real owner or owners at tbs
said goods ; nor unless proof on oath shall be made to the satisfaction of the C€>Ueetor aiMl
comptroller of his Majesty's customs, at the port from whence the said goods shall be as
imported into Canada, that the full duties due upon the importation of the said goods at
the said port had been paid and discharged : Provided dways, That in t$ase where the
owners of the said soods are resident in any other part of the British dominMos> it sbaU
be lawful for their known and established acents in the colonies from wheoce the said
goods shall be so imported into Canada, to take the necessary oaths on behalf of Ibe said
ownersr
XV • And be it further enacted by the authority aforesaid, That the said drawhaek shall
be paid by the collector of his Majesty's customs at the port irom whenee the said goods
shall be so imported into Canada, with the consent of the comptroller there, oat of any
monies in his hands arising from the duties of customs.
XVI. And be it further enacted by the authority aforesaid, That no drawback s&ial\ be
paid and allowed as aforesaid, unless the said rum or other spirits shall be duly entered for
exportation with the proper officers of the customs, and actually shifqped on board the ship
or vessel in which the said goods are intended to be exported, within the space of (»e year
from the time such rum or other spirits were originally imported into the colony from whence
it is intended to ei^port them .to Canada, nor unless such drawback shall be daiosied withio
one year after thegoodsrare so shipped for exportation.
aeKahituma m to Mt- XvVlI. And whercas, since the division of the province of Quebec into the provincM of
JJj^J^'^Jf'^J^gJJ^ Lower and Upper Canada, divers regulations have from time to time been made, by
agreements -concluded under the authority of acts passed by the legislatures of the said
two provinces respectively, concerning the imposing df duties upon articles imported into
the province of LoWer Canada, and the payment of drawbaou of such duties to the
province of Upper Canada, on account of the proportion of goods so imported into Lover
Canada, and passing from thence into the said, province of Upper Canada, aad consmaed
therein, the last of which agreements expired on the first day of July, one thousand eight
hundred and nineteen; and whereas it appears by the report of the comasissieners last
appointed for the purposes aforesaid, that the province of Upper Canada claiaas eattaiB
arrearages from the province of Lower Canada, on account of such drawbacdis, which
claims are not admitted on the part of Lower Canada ; and it further appears by the repoit
of the said, commissioners, appointed on behalf of both provinces for the purposes albresaid,
that they' have failed to establish any regulation for the period beyond the first day of
July, one thousand eight hundred ai4l nineteen, by reason that they could Bol^igree*u]ioa
the proportion of duties to be paid to Upper Canada by way of drawbacks ; for remedy of
the ineenvenience occasioned by the suspension of the said agreement^ and for the satis-
factory investigation and adjustment of the said claims, be it enacted by the walhontj
aforesaid. That it shall and may be lawful for the governor, lieutenant governor, iar person
administering the government of each of the said provinces of Upper and Lower Canada,
so soon as conveniently may be after the passing of this act, to appoint, by commiBBioii
under the great seal of his respective province, one arbitrator ; and that the said aibiltators
so appointed shall have power, by an instrument under their hands and seab, to appoint a
third arbitrator ; and in case of their not agreeing in such appointment, within one month
from the date of the appointment of the arbitrators so directed to be made on the put of
the respective provinces, or the last thereof, if the said appmntments shall not be made
on the same day, his Majesty, his heirs or successors, -shall have power, by an instrudieBt
under his sign manual, to appoint such third arbitrator, who (if appdnled in manner last
mentioned) shall not be an inhabitant of either of the said |M'ovincea; and that the thiee
arbitrators, so appointed as aforesaid, shall have power to hear and determine all claims of
the province of Upper Canada unon the province of Lower Canada, on account of draw*
backs or proportion of duties unoer agreements made and ratified by the authority of the
legislatures ef«the said two provinces, according to the fair understanding and ccmstruedon
of the said agreements ; and also to hear any claim which may be advanced on the part of
the province of Upper Canada to a proportion of duties heretofore levied in Lower
Canada, under British acts ot parliament, the division of which duties shall not have been
BRITISH SRPATUTES.
Wt
treasttrj, diat any sum is justljr due from tke province of Lowef Canada to the province
of Upper Canada, <m account of such last mentioned claim, they shall signify the same,
tog^ber with the amount, to the governor, or person administering the government of the
province of Lower Canada, for the time beii^, who shall thereupon issue his warrant upon
the receiver general of Lower Canada, to pay such amount to the receiver general of
Upper Canada, in full dischai^ of any such duties.
XVIII4 And be it further enacted by the authority aforesaid. That the said arbitrators
alMdi have power to send for and examine such persons^ papers,, and records, as they shall
judge necessary for their information in the matters referred to them ; and that if any
person or persons shall refuse or neglect to attend said arbitrators, or to produce before
them any papers or documents, having been duly served in either province with reasonable
notice in writing for that purpose, he, she, or they shall forfeit and pay the sum of fifty
pounds, to be recovered by bill, plaint, or information, in any court having competent
jurisdiction within the province in which such person usually resides, to be applied towards
tbe support of the civil government of the said province, and to be accounted for to his
Majesty, through the lords commissioners of his Majesty's treasury for the time being, in
such manner and form as it shall please his Majesty to direct
XIX. And be it further enacted by the authority aforesaid. That the witnesses to be
produced before the said arbitrators, if it is desired by either of the said arbitrators, shall
and may be sworn before any of his Majesty's justices of the peace within either of the
said provinces, or before any one of the said arbitrators, who are hereby empowered
jointly and severally to administer such oath ; and that if any person shall in any such
oatb^ so taken as aforesaid, wilfully forswear himself, he shall be deemed guilty of wilful
and corrupt peijury.
XX. And be it further emeted by the authority aforesaid. That in case of the death,
removal, or incapacity, of either of the said arbitrators, before making an award, or in
case the third arbitrator chosen or appointed as aforesaid, shall refuse to act, another shall
be appointed in his stead, in the same manner as such arbitrator so dead, removed, or
become incapable, or refusing to act, as aforesaid, was originally appointed ; and that in
ease a third arbitrator shaU be appointed by his Majesty, as hereinbefore mentioned, it
ehdii and may be lawful for the governor in chief in and over the said provinces, to
determine the amount of remuneration to be paid to such arbitrator, which amount shall
be defrayed in equal proportions by each province, and shall be paid by warrants, to be
issued for that purpose by the governor, lieutenant governor, or person administering the
government of each province, upon the receiver general thereof respectively.
XXL And be it further enacted by the authority aforesaid. That the award of the
Buriority of the arbitrators, so far as the same shall be authorized by this act, shall be final
and conclusive as to all matters therein contained ; and that if either of the arbitrators
nominated by the governor, lieutenant governor, or person administering the government
of either of the said provinces, shall refuse or nef^ect to attend, on due notice being
given, the two remaining arbitrators may iut>ceed to hear and determine the matters
referred to them, in the same manner as if he were ptesenU
XXII. And be it further enacted by the authority aforesaid, That the said arbitrators,
or a majority of them, as hereinbefore mentioned, shall certify the award to be made
by them in the premises, under their hands and seak, to the commissioners of his Majesty's
treasury of the united kingdom of Great Britain and Ireland, and to the governor,
lieutenant governor, or person administering the government of each of the said provinces ;
and that if any sum be directed hy the said award to be paid to the province of Upper
Canada by the province of Lower Canada, it shall and may be lawful for the governor,
lieutenant governor, or person administering the government of the said province of
Lower Canada, ahd he is hereby required to issue his warrant upon the receiver geneial
of the province of Lower Canada, in favor of the receiver general of the province of
Upper Canada, for the sum so awarded ; which sum shall be accordingly paid by the
receiver general of Lower Canada, in discharge of such warrant, and sh3\ be accounted
for by him to the lords commissioners of his Majesty's treasury for the time being, in such
manner and form as his Majesty, his heirs and successors, shall be graciously jJeased to
direct.
XXIIf. And be it further enacted by the authority aforesaid. That the arbitrators to be
appoitited under this act shall have power to hear and determine any claim which may be
advanced on the part of the province of Lower Canada, upon the province of Upper
Canada,*being of the same description as those which by this act may be preferred to the
same arbitrators on the part of Upper Canada ; and that their award thereupon shall be
final and conclusive, and shall be carried into effect, if the same be made in favor of the
province' of Lower Canada, in the same manner as is herein directed with respect to any
ffward which may be made in favor of the province of Upper Canada.
Power oTaibitnton tOi
••nd for pcnoBi and
"reeordf.
Penahj on pertont
refusing, £B0.
WltnetBesito be ewom.
Penalty for fidse swear-
Appointing arbitrators
Award of arbitraton
to bo final.
Award to bo «eitified
to tho treasnry and the
gOTernor, Itc of tho
prorteees.
PaysMnt of ami aiwwd-
ed.
Power iff arbitrators to
determine claims ad-
yaneed by Lower Ca-
nada on Upper Canada.
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BRITTSH STATUTES.
Proportum of daties
•riiiBK in Low«r C»-
aada Mlht mA fifth
to Upper Cancda.
After July 1, 1824, di-
▼irioM of datief shall
be awarded by arbitra*
ton as hereinbiini^s
mentioned.
Awaid to Itt made ere-
17 four yean.
^ra\fortidls hereby es-
tablished to -be paid,
mtil a new one is Riade.
Proportion nt 4^^ie«
how to be allotted be-
tween the two provin-
ees.
14t1lOeo. fll,e88.
XXIV. And U it further enacted by the authority aforesaid, That of all duties wfaidt
Have been levied in the province of Lower Canada since the first day of July, one
thousand eight hundred and nineteen, under any act passed in the said provinee, upon
any goods, wares, merchandize, or commodities imported by sea into the prorince of
Lower Canada, and also of all duties which, after the passing of this aet, and before the
first day of July, one thousand eight hundred and twenty-four, shall be levied in the
province of Lower Canada, under any act passed in the said province, upon any goods,
wares, merchandize, or commodities, imported by sea into the said province ci' Lower
Canada, the province of Upper Canada shall be entitled to have and receive one fifth
part, as the proi>ortion of duties arising and due to the said province of Upper Canada,
upon such importations ; and that the governor, lieutenant governor, or person
administering the government of the province of Lower Canada, shall and may issue his
warrant forthwith upon the receiver general of Lower Canada, in favor of the receiver
general of the province of Upper Canada, for such proportion of the duties as shall have
been re<!eivcd in the province of I^ower Canada before the passing of this act, and shall
and may, on the first day of January and the first day of July, in each and every year
thereafter, issue his warrant upon the receiver general of Lower Canada in like manner,
for the payment to the receiver general of Upper Canada, of such sum as maj be then
ascertained to be due on account of the said proportion, according to the provisions of this
act.
XXV i And be it further enacted by the authority aforesaid. That immediately after the
said first day of July, one thousand eight hundred and twenty-four, the proportien to be
paid to Upper Canada for the ibur years next succeeding, of duties levied in the province
of Lower Canada, under the authority of any act or acts passed or to be passed therein
upon goods, wares^ and commodities, imported therein by sea, shall and may be ascertained
by the award of arbitrators, to be appointed in the same manner and with the same powers
^ hereinbefore provided with respect to the arbitrators to whom the question of itrrears
is to be referred, and that arbitrators shall in like manner be appointed, and an award
made once after every four years thereafter, for the purpose of establishing such proportion
from time to time ; and all and every the provisions contained in this act, respecting the
appointment, powers, and remuneration of the arbitrators to be first appointed after the
passing thereof, and regarding the execution of their duty, shall ap{dy and extend to the
arbitrators to be appointed for the purposes last herein mentioned.
XXVL And be it further enacted by the authority aforesaid. That after the said first
day of July, one thousand eight hundred and twenty-four, and until a new proportion of
dutic^s, to be paid to Upper Canada, shall be established, as hereinbefore provided, and
also* at all times hereafter, in default of any such proportion being appointed, the proportion
of duties last assigned to be paid to Upper Canada, under the authority of this aet, shall
eontinue to be paid by the province of Lower Canada, and warrants shall issue for the
payment of the same, in the same manner as for the period before the same first day of
July, one thousand eight hundred and twenty-four : Provided always, That it shall, be in
the power of the arbitrators, nevertheless, by their subsequent award, to alter such
proportion from the period for which it was last established, if it shall appear to them just
so to do.
XXVII. And whereas by a certain act of the parliament of Great Britain, passed in
the fourteenth year of his late Majesty's reign, entitled, *' An act to establish a fund
towards farther defraying the charges of the administration of justice and support of the
civil government within the province of Quebec, in America," certain duties were imposed
upon goods and dommodities imported into the said province, which duties are by the said
aot directed to be applied, under the authority of the lord high treasurer, or commissioners
of his Majesty ^s treasurj, in makitig a more certain and adequate provision towards
defraying the expense of the administration of justice, and the support of the civil
government, in the said province of Quebec ; and since the division of the said province
of Quebec into the provinces of Upper and Lower Canada, it has been contended, on
behalf of the said provinces, that the proceeds of such duties should be distributed
between the said two provinces in proportion to the amount of expenses defrayed by each
respectively towards the ndministrntion of justice and the support of its civil government,
and not in proportion to the estimated consumption within either province of the articles
upon which such duties shall liave been paid ; be it therefore enacted by the authority
aforesaid, That it shall be lawful for the arbitrators to be appointed, from time to time, for
the purpose of establishing the proportion which shall be paid to Upper Canada of such
duties as now are, ot hereafter may be imposed, by acts passed in the province of Lower
Canada, to receive the claims in behalf of each province with respect to its proportion of
duties levied under the said act passed in the fourteenth year of his said late Majesty's
reign, since the expiration of the last provisional agreement heretof<^e ratified between
the said two provinces, or which may hereafter be levied under the authority of the said
Digitized by VzfUOy It:
BRITISH STATUTES.
act, \ipcfn goods and ec^moditieB imported into Lower Canada, and to report the same,
^^tfa the evidence thereon, to the lords commissioners of his Majesty's treasury, for the
united kingdom of Great Britain and Ireland, for the time being, in order that they may
make such order respecting the proportion in which the same shall be expended within
each of the said provinces respectively, for the purposes mentioned in the said act, as to
them shall seem meet: Provided* always, nevertheless. That until such order shall be
made by the lords commissioners of his Majesty's treasury as aforesaid, the proceeds of
such duties shall be distributed in the same proportion between the said two p|ovinces,.as
the duties levied under the provincial acts of the province of Lower Canada within the
same period, subject nevertheless to be increased or diminished, as respects either of the
6aid provinces, by any subsequent order of the said lords commissioners, extending to the
period for which no such order had before been made.
Ji[XVIII. And whereas the division of the province of Quebec, into the two provinces
of Upper and Lower Canada, was intended for the common benefit of his Majesty's
subjects residing within both of the newly constituted provinces, and not in any manner
to obstruct the intercourse or prejudice the trade to be carried on by the inhabitants of any '
part of the said late province of Quebec with Great Britain, or with other countries; and
it has accordingly been made a subject of mutual stipulation between the said two
provinces, in the several agreements which have heretofore subsisted, that the province
of Upper Canada should not impose any duties upon articles imported from Lower Canada,
but would permit and allow the province of Lower Canada to impose such duties as they
might th(nk fit, upon articles imported into the said province of Lower Canada ; of which
duties a certain proportion was by the said agreements appointed to be paid to the
province of Upper Canada ; and whereas, in consequence of the inconveniences arising
from the cessation of such agreements as above recited, it has been found expedient to
remedy the evils now experienced in the province of Upper Canada, and to guard against
such as might in future arise from the exercise of an exclusive control, by the legislature
of Lower Canada, over the imports and exports into and out of the port of Quebec ; and
it is further expedient, in order to enable the said province of Upper Canada to meet the
necessary charges upon its ordinary revenue, and to provide with sufficient certainty for
the support of its civil government, to establish such control as may prevent the evils
which have arisen or may arise from the legislature of Lower Canada suffering to expire
unexpectedly, or repealing suddenly, and without affording to Upper Canada an
opportunity of remonstrance, existing duties, upon which the principal part of its revenue,
and the necessary maintenance of its government, may depend ; be it therefore enacted
by tbe authority aforesaid. That all and every the duties which, at the time of the
ex{nratiou of tbe last agreement between the said provinces of Upper and Lower Canada,
were payable under any act or acts of the province of Lower Canada, on the importation
of any goods, wares, or commodities, into the said province of Lower Canada, (except
such as may have been imposed for the regulation of the trade by land or inland navigation,
between the said province and the United States of America,) shall be payable and shall
be levied according to the provisions contained in any such acts, until any act or acts for
repealing or altering the said duties, or any part thereof respectively, shall be passed by
the legislative council and assembly of the said province of Lower Canada, and until such
act or acts, repealing or altering such duties, shall, after a copy thereof has been transmitted
to the governor, lieutenant governor, or person administering the government of the
^province of Upper Canada, be laid before both houses of the imperial parliament,
according to the forms and provisions contained in a certain act of the parliament of
Great Britain, passed in the thirty-first year of the reign of his said late Majesty,
entitled, '^An act to repeal certain parts of an act passed in the fourteenth year of
his Majesty's reign, entitled, ^An act for making more effectual prbvision for the
government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " and the royal assent thereto proclaimed
within the province of Lower Canada, according to the provisions of the said last men-
tioned act.
XXIX. And be it further enacted by the authority aforesaid, That from and after the
passing of this act, no act of the legislature of the j)rovince of Lower Canada, whereby
any additional or other duties shall or may be imposed on articles imported by sea into the
said province of Lower Canada, and whereby the pi'ovince of Upper Canada shall or may
in any respect be directly or indirectly affected, shall have the force of law until the same
shall have been laid before the imperial parliament, as provided in certain cases by the
said act passed in the thirty-first year of his said late Majesty's reign, and the royal assent
thereto published by proclamation in the said province of Lower Canada, a copy of such
act having, within one month from the time of presenting the same for the royal assent
in the said province, been transmitted by the governor, lieutenant governor, or person
administering the government of the province of Lower Canada, to the governor, lieu-
600
Datiei imposed by
Lower Canada to re-
main in force till re*
pealed or altered by a
legialatiTe act of that
proTinee.
No act of legiflatwe
impoaing duties,
whereby the proTinee
of Uoper Canada may
be aiteeted, to be ralid,
until laid before parlia-
ment.
Digitized by
Google
eio
Boatf mi €Hhw enft
bdoanac to Ut M*-
Mtty^ Mbj«eU may go
bom I7pp«r CtmOm
hio Lower Caaodo,
Mt Man witk Ib^ga
piodaetknit, without
Wiqg labjedt lo aajr
daCj.
Bow ajneaiea or un-
prariagtaa aarigation
akallbopaid.
(Bee provineial aet of
tJpper Ciuiada,4th Goo.
lia llof and
tioB of tile owBon to
Uo BlMoety, *o. bo
elttased to the teanto
office aad conmOB
StT^i
mayoom-
haidiag laodi at ooat
at note ■.
BRITISH STATOTBi.
t&Mmt gOTetHbol*, Of peraofi adminMetittg the gov6niili6tii of Hm provJuee of UpfrtT
CmMla : ProyMed always, nevertheless, That it shall not be necessary to tranflniit any
such aet, to be laod before the imperial {larKament, if, before the Same sfaiA hmve beei
presented for the royal assent within the said proTfnee of Lower Canada, the legUatiire
eoancil and honse of assembly of the said province of Upper Canada shall, by address te
the governor, lieutenant governor, or person administering the government of die said
province o( Upper Canada, pray, that their concurrence in the imposition of the duties
intended to be imposed by such act may be signified to the governor, lieutenant govemor,
or person administering the government of the said province of Lower Canada.
XXX. And wh<»«as it is expedient that the i^'oductions of the iHt>viDee of Upper
Csnada should be permitted to be exported without being made subject by any aet of die
province of Lower Canada, either directly or indirectly, to duties or impositions, on their
anrival in that province, or in passing through the waters thereof; be it enacted by the
auttiority aforesaid. That from and after the passing of this act, all and every the boats,
scows, rafts, cribs, and other craft belonging to any of his Majesty's subjects, and oommg
irom the province of Upper Canada into the province of Lower Canada, not laden with
tiie productions of any foreign country, shall be allowed freely to pass into and through
the said province, and shall not be subject to any rate, tax, duty, or imposition, otiier flian
loiy charge which may now exist for pilotage, or which may now be established for toll at
any lock or other work now actually erected on the navigable waters thereof^ any \aw^
Statute, or usage of the province of Lower Canada to the contrary notwithstanding; and
(hat the expense of improving the navigation of the waters of the river Saint Lawrence
shall in future be defrayed by such measures and in such proportions as the arbitrators to
be appointed under the provisions of this act shall determine, upon the pray«- of either
province : Provided always, That no such determination shall be carried into effect, untfl
sanctioned and enacted by the legislatures of both of the said )Mt>vinces.
XXXI. And whereas doobts have been entertained whether the tenures of lands within
the said provinces of Upper and Lower Canada holden in fief and seignory can legdly
be chmged ; and whereas it may materially tend to the improvement of sueh lands, and to
the general advanta^ of the said provinces, that such tenures may henceforth be chaBfied
in manner hereinafter mentioned ; be it therefore further enacted and declared by the
authcMity aforesaid, That if any person or persons holding any lands in the said provinces
of Upper and Lower Canada, or either of them, in fief and seignory, and having Icgsl
power and authority to alienate the same, shall at any time from and sAer the eommence-
ment of this act, surrender the same into the hands of his Majesty, his heirs or auecessors,
and shall by petition to his Majesty, or to the governor, lieutenant governor, or person
administering the government of the province, in which the lands so holden shall be
situated, set forth that he, she, of they is or are desirous of holding the same in free and
common soeeage, such governor, lieutenant governor, or person administering the govern*
ment of such province, as aforesaid, in pursuance of his Majesty's instructions, traDsnltted
through his principal secretary of state for colonial aftiirs, and by and with the Jidviee
and consent of the executive council of such province, shall cause a fresh grant to be
made to such person or persons of such lands to be holden in free and conunon soe*
cage, in like manner as lands are now holden in free and common soccase in that part of
Great Britain called England ; subject nevertheless to payment to his Majesty, by such
grantee, or grantees, of such sum or sums of money as and for a commutation for the Snes
and other dues which would have been payable to his Majesty under the origteal tenures^
and to such condition as to his Majesty, or to the said governor, lieutenant governor, or
gsrson administering the government, as aforesaid, shall seem jnst and reasonable :
rovided always, That on any such fresh grant being made as aforesaid, no allotment or
appropriation of lands for the support and maintenance of a protestant clergy shall be
necessary ; but every such fresh grant shall be valid and effectual without any speeifiea>
tion of lands for the purpose aforesaid ; any law or statute to the contrary thereof in anr
wise notwithstanding.
XXXII. And be it further enacted by the authority aforesaid. That it shall and mar
be lawful for his Majesty, his heirs and successors, to commute with any person holding
lands at cens et sentes in any censiye or fief of his Majesty within either of the said
provinces ; and such person may obtain a release from his Majesty of all feudal rights
arising by reason of such tenure, and receive a grant from his Majesty, his heirs or
successors, in free and common soccage, upon payment to his Majesty of such sum of
money as his Majesty, his heirs or successors, may deetn to be just and reasonable, b?
reason of the release and grant aforesaid ; and all such sums of money as shall be paid
upon any commutation made by virtue of this act shall be applied towards the administni-
tion of justice and the support of the civil eovernment of the said province.
XXXIIL And be it further enacted by the authority aforesaid. That if any person or
persons shall be sued or prosecuted for any thing done or to be done in por^anince of this
Digitized by VniJOVJ IC
BRITISH STATUTES. til
aei.' sueh penMm or persons may plead the gsMral issue, and give U^s aet and the spatial
matter in evidence; and if the iflamtiff or plainti£b, prosecutor or prosecutors^ shall
become non«suit, or forbear the prosecution, or discontinue 4tts, 'her, or their action, or if
a verdict shall pass against him, her, or them, the defidndants shall have treble coats, and T^nXh eods.
dhall have the like remed j for the same as in cases where costs are by law given to
defendants.
SCHEDULE A.
-AMes. Bariey, Be«ai, Bisciiit, Bread, Beaver, and all forti of fur, Bowaprita. OalaTaneaa, Cocoa, Cattle, Cochlaag],
CMb«im1 BaUkm, Cotton wool. Onga of all aorta, Diamewti aad pracioaa atonoa. Flai^ Fr«H mtd vMntabltf, Faatiolr,
and aU sorts of wood for djers' ate, Floqr. Grain of any sort. Garden seeds. Hemp, Headinr Boardi, Horses, Hon,
, Hides, Hay, Hoops, Hardwood, or mill timber. ladigo. Lire stock of any tort, Lvmber, Lo^rrood. fifahogaay, and •other
wood for eal»iB«t vaaea, Maats, Msles. Neat Cattlo. data. Peas, Potatocf , Pouhiy, Pitoh. Rye, Ri««. • Stivret, 8kini»
Sbingles, Sheep. Tar, Tallow, Tobacco, Turpentine, Timber, Tortoise-shell. Woof, Wheat. JMrda.
SCHEDULE B.
£ :d.
Barrel of wheat flour, not weighing more than 196 lbs. nett weight, 0 5 0
Barrel of biscuit, not weigUag mora thaa 196 Ibi. aett weight 0 S 6
* For every cwt. of biscuit, » 0 10
For eyery 100 lbs. of bread, made from wheat or other jRT^o> imported in bags or paduges, 0 2 S
For every bam! of Soar, not weighing mora than 196 wa.BaadafroBa rye, paaa, or beans,.... ' ^0 S .6
For ereiy bushel of peas, beans, rye, or ealarancas, 0 0 7
Rice, for every 100 lbs. nett weirfit, 0 2 6
■a^orerery l/)deshingiea« called BoetonchiiM, not Boore than 12 iochea in length, 0 7 0
For every l,0fN) shingles, being more than 12 inches in leogth, 0 14 0
For every 1,000 red bak staves, ^ 110
For every 1,000 white oak- staves, or beadiaga, .t 0 1/10
For every 1,000 feet of white or yellow pine lumber, of one inch thick,. .. : 1 1 0
For every 1,000 feet of pitch pine lumber, 1 1 0
Otherfciodsof wood and lumber, per 1,000 feet, 18 0
For every 1,000 wood hoops, 0 5 8
Horses, for every JSIOO, Of the valne thereof, ? 10 0 0
Neat cattle, for every iClOO, of the value thereof, ^ 10 0 0
'-All other live stock, for every £100, of the value thereof, ,, 10 0 0
PASSED IN THE SIXTH YEAR OF GEORGE IV.
CHAPTER LXIV.
*An ckct to alter for one jfear^ and until the end of the then next session of parliameniy
,the duty on, wheats the produce of the British possessions in North. America.
[TxMPOBAnr.]
PASSED IN THE SIXTH YEAR OF GEORGE IV.
CHAPTER LXVIII.
.!An act to reg$tlaie the conveyance of printed votes and proceedings in parliameniy and
printed newspapers^ by packet boats between Great Britain and Ireland^ and the
British colonieSj and also tii the United Kingdom.
[Paaaed June 2% 1829.]
Whbrbas it is expedient to regukte the conveyance of printed votes and proceedings
.in parliament, and printed newspapers, by packet boats, between Great Britsdn and Ireland,
and the British colonies ; may it therefore please jour Majesty that it may be enacted,
and be it enacted by the King's most excellent Majesty, < by and with the advice and
. consent of the lords spiritual and temporal, and commons, in this present parliament
: assembled, and by the authority of the same, That from and after the tenth day of October, ^^^ ^^ ,^ ^^^
one thousand eight hundred and twenty-five, it shall and may be lawful for his Majesty's votc?aodoche^nwikk
postmaster general, and his deputy and deputies, by him thereunto authoriEed, to receive S^||^LMerM^te
! printed votes and proeeedings in parliament, and also printed newspapers, or otiier printed conveyed to the Brftiah
papers liable to the stamp duties, and duly stamped for conveyance by packet boats from ^'i^a!' wheu pannto
Great Britain and Ireland to any of his Majesty's colonies and possessions beyond the the poet osice.
seas ; and for his Majesty's postmaster general and his deputy and deputies, to and for the
•iise of his Majesty, his heirs and successors, to demand, have, receive, and take, for the
eonveyance of every such printed vote, proceeding, or paper, as aforesaid, the sum of one
penny half-penny ; and the said sum of one penny halfpenny to be paid when the said
printed votes, proceedings, and printed papers, shall be put into the post office, provided
' the same be sen^ without a cover, or in covers open at the sides ; and provided every
.printed newspaper, or other printed paper liable to the stamp. duty, be put into the post
Digiti
zed by Google
•IS
iSRITISH STATUTES.
Ncwtpapen printed m
^e eoloDiet imj b*
eonrejed to Great
Britain and Ireland, on
payment of 8d. by the
panoa to fHiom ad-
dreiied.
In eaie any writinc or
mother thing ■hall be
found eneloeed in in^
paperi, the jpaeket
■hall M chamd treble
poetegeof a letter.
Newmpen not put
into the po«t ofllee on
the day of pnblieation,
to be ehamd with the
poctage ora letter. .
Newspapers published
on a Sonday niay be put
into the post office on
the ensuing day.
Postmaster genenl to
make regalatioas as to
the time of deiirery.
Persons not obliged to
send saeh papers thro'
the post office; bat in
any way they think fit.
Powers of acts relating
to the post office ex-
tended to this act.
Monies arising by the
postage to be carried
to the consolidated
fond.
4lh Geo. Ill, c 24.
offiee in any town or place in Great Britain or Ireland, on the daj <m whieh the same shaD
he published, such day to be ascertained by the date of the same.
II. And be it further enacted, That from and after the said tenth day of October, one
thousand eight hundred and twenty-five, it shall and may be lawful for his Majesty's
postmaster general, and his deputy and deputies in his Majesty's colonies and passessiofis
bejond the seas, to receive newspapers printed within such colonies or possessions (or
conveyance by packet boats to Great Britain and Ireland ; and for his Majesty's postmasler
general and his deputy and deputies in Great Britain and Ireland, to and for the use of his
Majesty, his heirs and successors, to demand, have, receive, and take, for the conTejance
of every such paper, as aforesaid, the sum of three pence, to be paid on the deliverr
thereof to the person or persons to whom the same shall be addressed^ provided evm
such paper be sent without a cover, or in a cover open at the sidea^
III. And be it further enacted. That it shall be lawful for his Majesty's postmaster
general, or any of the officers employed under him respectively, to examine and search
any packet sent without a cover, or in a cover open at the sides, in order to diseover
whether any other paper or thing ^vhatsoever be enclosed or concealed in or with soch
printed papers as is hereby permitted to be sent at the rates aforesaid, and in order to
discover whether the printed newspapers or other printed papers sent from Great Britain
or Ireland, and liable to the stamp duties, shall have been duly stamped ; and lo ease any
such other paper or thing whatsoever shall be found to be enclosed or concealed in or ^itb
such printed paper as aforesaid, or in case there shall be any writing, other than the
superscription upon such printed paper, or upon the cover containing the same, the whole
of such packet shall be charged with treble the postage of a letter ; and in case any news-
paper or other printed paper sent from Great Britain or Ireland, and liable to the stomp
duties, shall not have been put into a post office on the day on which it shall appear by the
date thereof to have been published, it shall be charged with a rate of postage equal to
that of a single letter sent by the post to the place to which such printed newspaper shall
be addressed ; and in case any such newspaper shall appear not to have been duly stamped.
every such officer is hereby required to stop the same, and send it to the commissioners ojf
the stamp duties, either at London or Dublin, as the case may be.
lY. Provided always, and be it further enacted, That nothing herein contained shall
extend to charge with a greater rate of postage than one penny half-penny any newspaper
which shall be published in Great Britain or Ireland on a Sunday, provided such newspaper
shall be put into the post office, or into any receiving office appointed by the postiuaster
general, in the course of the ensuing day.
v. And be it further enacted, That all printed papers to be conveyed under the pro-
visions of ^is act shall be delivered to the postmaster general or his deputy or deputies
at such hours in the day and under all such regulations as the postmaster general, for the
time being, shall in his discretion from time to time appoint.
VI. And be it further enacted. That nothing herein contained shall be construed to
oblige any person or persons to send any printed votes, proceedings in parliament, or
printed newspapers, to or from the British colonies or possessions through his Majestj^s
post office ; but that it shall and may be lawful for all persons to send printed rotes,
proceedings, and printed newspapers, to and from such colonies and possessions in any
manner they may find practicable and convenient.
WIL And be it further enacted. That all the powers, provisions, privileges, adFafitage5,
disabilities, penalties, forfeitures, and distribution thereof, and ail clauses and other matters
and things contained in any act or acts of parliament in force at the time of the passing o(
this act, relating to the post office ; or any rates or duties payable on the port or convey-
ance of letters or packets, and not repealed or altered by this act> shall, so far as the same
are applicable, continue in force and be applied and extended, and shall be construed to
apply and extend, to this present act, and to the rates and duties hereby granted, as fiiHy
end effectually, to all intents and purposes, as if the same had been particularly repeated
and re-enacted in the body of this act.
VIII. And be it further enacted, That the monies to arise by the several rates aad
duties as aforesaid, except the monies which shall be necessary to defray such expense
as shall be incurred in the management and collection of the same, shall be paid into the
receipt of the exchequer at Westminster, and carried to and made part of the consolidated
fund of the united kingdom of Great Britain and Ireland.
IX. And whereas by an act made in the fourth year of the reign of his late Majehty
King George the Third, entitled, " An act for preventing frauds and abuses in relation to
the sending and receiving letters and packets free from the duty of postage," recitins
that forasmuch as it had been usual for the clerks in the offices of his Majesty^s principal
secretaries of state, and also for certain officers in the office of his Majesty ^s postmaster
general, to frank printed votes and proceedings in parliament, and printed newspapers, to
be sent by the ppst, it was enacted, that it should be lawful /or such eleriu and officers as
Digitized by VniJOVJ IC
BRITISH STATUTES/
613
aforesaid, teing tiberevnito licensed by his Majesty's principal secretaries of state, or his
Majesty's postmaster general respectively, to continue to frank such printed votes and
proceedings in parliament, and printed newspapers, in such manner as they had heretofore
been accustomed to frank the same; and whereas the emoluments arising from the privi-
lege of franking newspapers to the colonies, now enjoyed by certain officers in the office
of his Majesty's postmaster general^ by virtue of the said in part recited act of the
fourth year of the reign of his late Majesty,* King George the Third, and the powers
therein contained, will be reduced by the operation and effect of this act ; and whereas it
is just and reasonable that a compensation should be made to the said officers as a recom-
pense for the loss of such privileges ; be it therefdre further enacted. That it shall and
may be lawful for the commissioners of his Majesty's treasury of the united kingdom of
Great Britain and Ireland, or any three of them, by warrant under their hands, to authorise
and direct the postmaster general to make such compensation to the said officers as the
said commissioners shall think reasonable, which compensation shall be charged upon and
payable out of the revenue of the general post office.
X. And whereas by an act passed in the forty-second ^ear of the reign of his lat6
Majesty, King George the Third, entitled, ^' Air act to authorize the sending and receiving
of letters and packets, votes, proceedings in pai-liament, and printed newspapers by the
post, free fk'om the duty of postage, by the members of the two houses of parliament pf
the United Kingdom, and by certain public officers therein named ; and for reducing the
postage on such votes, proceedings, and newspapers, when sent by any other persons ;"
it was amongst other things enacted, that it should be lawful for every member of both
houses of parliament of the United Kingdom, and certain clerks of the two houses of
parliament therein particularly mentioned, to send by the post within the said United
Kingdom any printed votes, proceedings in parliament, or printed newspapers, free from
the duty of postage, so as the same be sent without covers, or in covers open at the sides,
which should be signed on the outside thereof by the hand of any member of parliament,
or either of the said respective clerks, in such manner as had been theretofore practised ;
end also, that it should be lawful to and for each and everj^ member of both the said two
houses of parliament, and for each and every of the said respective clerks, to authorize
imnted votes, proceedings in parliament, and printed newspapers, to be sent by the post
free from the duty of postage, addressed to him at such place and places within the said
United Kingdom, as he should have previously given notice in writing to the postmaster
general either at London or Dublin ; and whereas it is expedient that certain parts of the
flaid last mentioned act should be repealed ; be it therefore further enacted, That from
and after the passing of this act, so much of the said last mentioned act as requires that
newspapers, to be sent by post free from the duty of postage, should be signed on the
outside thereof by the hand of any member of parliament, or the respective clerks of the
two houses of pariiament, and that newspapers should be addressed to any such member
or any such clerk at such place and places within the said United Kingdom, as he shaft
have previously given notice in writing to the postmaster general,^ either at London or
Dublin, shall be, and the same is, hereby repealed.
XI. And be it further enacted, That if any action or suit shall be commenced against
any person or persons for any thing done in pursuance of this act, the same shall hd
commenced within twelve months after the fact committed, and not afterwards ; and the
defendant or defendants in such action shall and may plead the general issue, and give'
this act and the special matter in evidence, and that the same was done in pursuance and
by the authority of this act ; and if it shall appear so to be done, or that such action or
suit shall be coipmenced after the time before limited for bringing the same, that then the
jury shall find for the defendant or defendants; and upon a verdict for the defendant, of
if the plaintiff or plaintiffs shall be non-suited, or discontinue his, her, or their action or
suit after the defendant or defendants shall have appeared, or if upon demurrer, judgment
shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may
recover treble costs, and have the like remedy for the same as any defendant or defendants
hath or have in any other cases by law.
Compensatioii to be
made to the offieenin
the pott offiee haviiig
the pririlege of fniak-
ing papen to the colo-
nidA, rar redncUon of
their emolaiuenti.
Soinachof 43d Geo.
Ill, c 6S, M requires
that newipapcn, sent
by the post free, should
be sirned on the out-
ji<|e by the member of
pariiament, &c. repeal-
ed.
Limitation of aetions.
General issue .foay be
pleaided*
Treble eo«ts.
PASSED IN THE SIXTH YEAR OF GEORGE IV.
CHAPTER LXXIII.
An act far further regulating the trade of his Majesty^e possessions in America and the
West Indies, and for the warehousing of goods therein.
[Passed June 27, 1825]
Wherbai^ an act was passed in the third year of the reign of his present Majesty,
entitled, ^^ An act to regulate the trade hetween his Majestv's possessions in America and
father places in America and the West Indies," whereby it is enacted, that it shall be lawful
'^'' Digitized by
3d Geo. IV, c 44. Inter-
eoune with Americfi.
Google
<u
ftfi^TldH STATUTES.
8d Geo. IV, e 45. In-
tcrcQiurMwith fiucope.
Certain tchednlei of
goodi and duUei im-
poied by reeited aeti,
or by 401 Geo. IV, c 2,
repealed;
except af to New-
foundland.
AU goods maybe im-
ported from America,
Europe, or Africa, &c.;
subject to powers in
acts 4th Geo. IV, c77,
and 5th Geo. IV^el.
Articles prohibited.
Foreign coffee, &e.
maybe imported into
North America.
to import into any of the ports in bis Majesty's said possessions, enumerated inascbeduie
to the said act annexed, marked A, and therein denominated '^ free ports," from an]
foreign country on the continent of North or South America, or from any forei^ islaod
in the West Indies, the articles enumerated in another schedule to the said act annexed
marked Bj subject nevertheless to the several duties of customs set forth in aootber
schedule to the said act annexed, marked C, and that it sha^ be lawful so to bport tLe
same in certain foreign ships or vessek therein mentioned, as well as in British ships or
vessels ; and whereas another act was passed in the third year of the reign of his [^eseiit
Majesty, entitled, ^' An act to regulate th6 trade between his Majesty's possessions in
America and the West Indies, and other parts of the world," whereby it is enacted, that
it shall be lawful to import in any British ship or vessel, owned or navigated according lo
law, from any port in Europe or Africa, or from Gibraltar, the island of Malta, or tie
dependencies thereof, or the islands of Guernsey, Jersey, Aldeniey, or Sark, intoanjof
his Majesty's colonies, plantations, or islands in America or the West Indies, the artieb
enumerated or described in a schedule thereunto annexed, marked A, subject nevertheless,
on importation, to certain duties of customs set forth in another schedule thereuDto
annexed, marked B ; and whereas it is expedient to permit all goods (except u herein-
after excepted) to be imported from any of the said places into any of the said free /whs,
and to charge the same with the like duties from whichever of the said places Ae same
may be imported ; and also to permit any of such goods to be so imported in shi^o[ the
country of which the goods are the produce, as well as in British ships, but to conke all
such importations to the said free ports; be it therefore enacted oy the King^s most
excellent Majesty, by and with the advice and consent of the lords spiritual and temporal,
and commons, in this present parliament assembled, and by the authority of the same,
That the several schedules (marked J3, and C, respectively) to the first recited aet
annexed, and the several schedules (marked A^ and A, respectively) to the second recited
act annexed, and also that all duties imposed by either of the said acts, or bj an aet
passed in the fourth year of his said Majesty's reign, entitled, ^^ An act to amend an act
of the last session of the parliament, for regulating the trade between his Hajestj's
possessions in America and the West Indies, and other parts of the world,'^ shall, Itojd
and after the fifth day of January, one thousand eight hundred and twenty-six, be repealed,
and the same are hereby repealed accordingly, except so far as the same relate in anj wit
to the island of Newfoundland.
II. And be it further enacted. That from and after the fifth day of January, one thousand
eight hundred and twenty-six, it shall be lawful to import into any of the said free ports
except in Newfoundland, any goods (except as hereinafter excepted) from any foreign
place in America, ot in Europe, or in Asia, within the Mediterranean sea, and from anj
place in Africa, and from Gibraltar, and from the islands of Malta, Guemsej, Jersej,
Alderney, and Sark, provided such importations be made in British shipsj or in ships of
the country of which the goods are the produce ; subject nevertheless to the powers giVen
to his Majesty by an aet pmed in the fourth year of his reign, entitled, ^' An act to autbo-
rize his Majesty, under certain circumstances, to regulate the duties and drawbacks od
goods imported or exported in foreign vessels, and to exempt certain foreign vessels fnuo
pilotage," and by another act passed in the fifth year of his reign, to amend the saioe:
Provided always. That nothing in this act contained shall extend to permit the importatJOD
of gunpowder, arms, ammunition, or utensib of war, dried or salted fish, salted bee/, iwr^
or bacon, whale oil, blubber or fins, books which are prohibited to be imported ioto the
United Kingdom, base or counterfeit coin, or any goods the produce or manufacture oiai^^
place within the limits of the East India company's charter, into any of his Majestj s
possessions in America or the West Indies, nor coffee, cocoa nuts, sugar, molasses, or rum
of foreign production, into any of the said possessions in South America or the >'£$
Indies, or into Newfoundland.
III. And be it further enacted. That it shall be lawful to import any coffee, cocoa nuts,
sugar, molasses, and rum of foreign production, into any of the British possessioi^^
North America, except Newfoundland, any thing in any act or acts to the contrary oo|'^^ '
standing : Provided always, That all coffee, cocoa nuts, sugar, molasses, and mm, ( ^ -
the same may be of the British plantations,) having been imported into ^l^^^^^L^
possessions in North America, except Newfoundland, shall, upon subsequent imporU
from thence into any of the British possessions in South America or the ^^^^^^^^^^^n
into Newfoundland, or into the United Kingdom, be deemed to be of foreign P^"^^
and shall be liable on such importations respectively to the same duties or ^^^^^
forfeitures as articles of the like description, being of foreign production, wonld be
to, unless the same shall have been warehoused under tl^ V^^^'^^^^^^ ^^ ^t^^^sd,
exported from the warehouse direct to such other British possession, ortoNewfouiM"*^
QT to the United Kingdom, as the case may be.
Digitized by
Google
BRITISH STATUTES.
616
IV. And be it farther enacted, That from and after the fifth day of January, one thou-
sand eight hundred and twenty-six,- in lieu of the duties hereby made to cease and
determine, there shall be raised, levied, collected, and paid unto his Majesty, his heirs
and successors, upon importation of the several articles enumerated or described in the
schedule of duties to this act annexed, into any of the said possessions in America or the
West Indies, except Newfoundland, from any foreign place in America, or from Europe,
or from Asia, within the Mediterranean sea, or from any place in Africa, the several duties
of customs as the same are respectively set forth in figures in the said schedule : Provided
always, That no greater proportion of such duties shall be charged upon any article subject
also to duty under any other act heretofore and still in force, or under any colonial law,
than the amount, if any, by which the duty charged by this act shall exceed such other
duty or duties.
y . And be it further enacted, That the duties imposed by this act shall be levied, raised,
applied, and abated under the same management, and in the same manner, and by the same
powers, and under the like penalties and forfeitures, as the duties imposed by the two
acts hereinbefore first mentioned would be levied, raised, applied, and abated under the
provisions of those aots respectively, except so far as the same may be altered by this act.
VI. And be it further enacted. That it shall be lawful to export from any of the said
free ports, except in Newfoundland, to any foreign country in Europe or Africa, or in
Asia, within the Mediterranean sea, in any ship belonging to such country, any goods,
being of the growth, production, or manufacture of such possessions, and any goods which
have been legally imported into the same.
VII. And be it further enacted, That it shall be lawful for his Majesty, his heirs and
successors, by order in council, from time to tim^, when and as often as it shall be judged
expedient, to prohibit the trade and intercourse authorized by this act with any country
in Europe having possessions in America or the West Indies, if it shall appear that the
privileges panted by this act to foreign ships or vessels are not allowed by such country
to British ships or vessels in trade or intercourse with the possessions of such country in
America or the West Indies.
YIIl. And be it further enacted. That so much of an act passed in the fourth year of
the reign of his present Majesty, entitled, ^^ An act to make more effectual provision for
permitting goods imported, to be secured in warehouses or other places, without payment
of duty on the first entry thereof,*' as enacts that certain goods and merchandize, men-
tioned in a schedule marked By to that act annexed, warehoused under the provisions of
that act, shall not be exported from the warehouse to any British colony, plantation,
territory, or dominion, in America or the West Indies, nor be imported into any such
British colony or plantation, unless and until all duties, as well of customs as excise,
payable in Great Britain or Ireland respectively, on such goods and merchandize for home
consumption, shall have been paid, shall be repealed, and the same is hereby repealed
accordingly.
IX. And whereas it is expedient to constitute and appoint some of the free ports in
America and the West Indies to be free warehousing' ports for all goods which may be
legally imported into the said ports respectively ; and it is also expedient to empower his
Majesty to constitute and appoint from time to time any other ports in any of the said
British possessions in America or the West Indies, to be in like manner free warehousing
ports for such goods as may be legally imported into such ports respectively ; and it is
therefore necessary to make regulations for the appointing of proper warehouses at such
ports, and for the lodging and securing of goods therein ; be it therefore enacted. That the
several ports hereinafter mentioned, (that is to say,) Kineston, in the island of Jamaica,
Halifax, in Nova Scotia, Quebec, in Canada, Saint John's, in New Brunswick, and
Bridgetown, in the island of Barbadoes, shall be free warehousing ports for the purposes
of this act ; and that it shall be lawful for the several collectors and controllers or the said
ports respectively, by notice in writing under their hands, to appoint from time to time
such warehouses at such ports respectively, as shall be approved of by them, for the free
ivarehousing and securing of goods therein for the purposes of this act, and also in such
notice to declare what sorts of goods may be so warehoused, and also, by like notice, to
revoke or alter any such appointment or declaration : Provided always. That every such
notice shall be transmitted to the governor of the place, and shall be published in such
manner as he shall direct.
X. And be it further enacted. That it shall be lawful for the importer of any such goods
into the said ports, to warehouse the same in the warehouses so appointed, without pay-
ment of any duty on the first entry thereof, subject, nevertheless, to the rules, regulations,
restrictions, and conditions, hereinafter contained.
XI. And be it further enacted, That all goods so warehoused shall be stowed in such
parts or divisions of the warehouse, and in such manner as the collector and controller
shall direct ; and that the warehouse shall be locked and secured in such manner, and
Digiti
N«w dnticf ftceording
to the tchednle.
AlMtmg the emonat of
■ny preriooa dutie*.
Dutiei to be levied wi-
der powen of fonner
acts.
Exportation to Earope ,
&e. hi ihi^ of the
pkee of dettuation.
Power to prohibit trade
with eountriei not
itiag timilar priTi-
erantii
leK«**
4th Geo. IV, o 24, ae
relate! to jKOoda in
■ehedole B, ware-
homed, and exported
to British poseisfiont
in America, repealed.
KincBton, llaliiax, and
Quebec, &e. to be free
warehouaine porti ;
and tnch other porta aa
hia Mi^etty ahall ap-
point.
CoUeetora and control-
lera to appoint ware-
honaea.
Gooda mar be ware-
honaed without pay-
ment of dnty.
Stowage of cooda in
warehonee. • lipehiag
and opening wanbonae
izedbyVrrUUglC
61€
BRITISH STATUTES.
Carrfing soodi to »nd
from warekoQtf .
Bond unon entry of
gbodfl to ne wMchoiued
Parehasar of goo<l«
■lay pr9 bond in lien
of orif^nal Uind.
Goods entered to be
wvcboused and not
depoatt^, &c. to be
forfeited. -
Aceoipt of gpodi to be
taken On boding*
No goods to be taken
oat of warehoute ex«
copt on eotf^, fte<
Dntiea tobe pM i^pon
delieieBefet.
Samplea may be taken.
Ooodt may be lor^ei)
and re|>aeked.
Whole paekai^i may
be abandoned for duty.
AH floods to be cleared
within two tears, or
•old.
Farther time maybe
l^ratited.
ahall be opened and Jirisited odIj at suol^ timesy and in the presence of Mek offieers, and
under su(fli rules and regulations, as tfi6 collecfor and controller shall direct ; and thuat id
such goods shall, after being landed upon importation, be carried to the warehoasei or
shall, after being taken out of the warehouse for exportation, be carried to be shipped,
uiikder such rules and regulations as the collector and controller shall direct.
XI!. And be it further enacted. That upon the entry of any goods to be warehoused,
the importer of such goods, instead of paying down the duties due thereon, shall gire
bond, with two su£5cient sureties, to be approved of by the collector or controller, io
treble the duties payable on such goods, with condition for t\ie safe depositing of such
goods in the warehouse mentioned in such entry, and for the payment of all duties due
upon such goods, or for the exportation thereof, according to the first account taken of
such goods, upon the landing of the same ; and with farther condition, that no part thereof
shall be taken out of such warehouse until cleared from thene§, upon due entry and pay-
ment of duty, or upon due entry for exportation ; and with further condition, that the
whole of such goods shall be so cleared from such warehouse^ and the duties iipon any
deficiency of the quantity, according to such first account, shall be paid within two years
from the date of the first entry thereof; and if after such bond shall have been given, the
goods or any part thereof shall be sold or disposed of, so that the original bonder sbskU be
no longer interested in or have control over the same, it shall be lawful for the eolleetor
and controller to admit fresh security to be given, by the bond of the new proprietor, or
other person having control over such goods, with his sufficient sureties, and to eaneellbe
bond given by the original bonder of such goods, or to exonerate him to the extent of the
Iresh security so given*
XIII. And be it further enacted, That»if any goods which have been entered to be
warehoused shall not be duly carried and deposited in the warehouse, or shall afterwards
be taken out of the warehouse without due entry and clearance, or having been entered
and cleared ibr exportation from the warehouse, shall not be duly carried and shipped, or
shall afterwards be relanded, except with permission of the proper officer of the cosIgm,
such goods shall be forfeited.
XIV. And be it further enacted, That upon the entry and landing of any goods to be
warehoused, the proper officer of the customs shall take a particular account of the same,
and shall mark the contents on each package, and shall enter the same in a book to be
kept for that purpose ; and no goods which have been warehoused shall be taken or deli-
vered from the warehouse, except upon due entry, and under eare of the proper officers
for exportation, or upon due entry and payment of duty for home use ; and whenever the
whole of the goods warehoused under any entry shall be cleared from the warehouse, or
^whenever further time shall be granted for any such goods to remain warehoused, an
account shall be m^de out of the quantity upon which the duties have been paid, and of
the quantity exported, and of the quantity (to be then ascertained) of the* goods still
remaining in the warehouse, as the case may be, deducting from the whole the quantity
contained in any whole packages (if any) which may have been abandoned for the duties,
and if upon such account there shall in either case appear to be any deficiency of the
original quantity, the duty payable upon the amount of such deficiency shall then be paid.
XV. And be iX fgrther enacted, That it shall be lawful for the collector and controller,
under such regulations as they shall see fit, to permit moderate samples to be taken of any
goods so warehoused, without entry and without payment of duty, except as the same
shall eventually become payable, as on a deficiency of the original Quantity.
XVI. And be it further enacted, That it shall be lawful for the collector and controUer,
under such regulations as they shall see fit, to permit the proprietor, or other person
having control over any goods so warehoused, to sort, separate, and pack, and repack any
such goods, and to make such lawful alterations therein, or arrangements and assortments
thereof, as may be necessary for the preservation of such goods, or in order to the sale,
shipment, or Iqgal disposal of the same ; and also to permit any parts of such goods so
separated to be destroyed, but without prejudice to the claim for duty upon the whole
original quantity of such goods : Provided always, That it shall be lawful for any person
to abandon any whole packages to the officers of the customs for the duties, without being
liable lor any duty upon the same.
XVII. And bq it further enacted. That all goods which have been so warehoused, shall
be duly cleared, either for exportation or for home consumption, within two years from
the day of the first entry thereof ; and if any such goods be not so cleared, it shall be
lawful for the collector and controller to cause the same to be sold, and the produce shall
be applied, first to the payment of the duties, next of warehouse rent and other charges,
9nd the overplus (if any) shall be paid to the proprietor: Provided always. That it shall
be lawful for the collector and controller to ex^nt further time for any such goods to
remain warehoused, if they shall see fit so to do.
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BRITISQ STATUTES.
XVIIL And be it further enacted. That upon the entry outwards of anj |p>od8 to be
exported from the warehouse, the person entering the same ^aU give security by bond,
in treble the duties of importation on the quantity of such goods, with two sufficient
sureties, to be approved by the collector or controller, that the same shall be land^ at the
place for which they be entered outwards, pr be otherwise accounted for to tl)^ s^tisfeuB*
tion of the collector and controller.
XIX. And be it further enacted, That it shall be lawful for his Majesty, in council, from
time to time to appoint any port in his Majesty's possessions in America or the West
Indies to be a free warehousing port, for the purposes of this act, and every ^yiQh port so
appointed by his Majesty sbalibe a free warehousing port uncjer this act, as if appointeil
by the same, in as full and ample a manner in all respects as aqy of the ports bereinbefon^
pientioned are free warehousing ports appointed by this act.
XX. And be it further enacted, That nothing in this act shall extend to ^ter or ^ecf
ia any manner the regulations of the trade or fisheries of Newfoundland, or the dut|es pf
drawbacks payable or allowable tbereip under any act pr acts |^ force ^t th^ time pt tl|^
commencement of this act.
XXI. And be it further enacted, That this act may be amepd^d, al^re^i fl7 FPpf^^^
by any act to be passed in the present sc^^aion of p^liamept?
m
PfldTTtDiyyiitoliir
IrMpoiti.
ITMtoiffaeieM tnid«
cT New-
fUfMniiOii.
7^ 5 •
%\\
0 10
SCHEDULE OP DUTIES,
]>yd>l« oipon Goodi, WtMi, aad MtKhttdis*, not bemg of tlw gIOlrtf^ ptodncttoib w maniietwi, «r tte UiriM K&i9»
don, or cfnyeT the British potwattOM laABMriM or the Waat IndiM^arwityBOi*!^^
chaittft imported into any of the Britiah potaoftioiu in Amerien or the Wfet IndiH*
Baml of whest flov, not wetching; moM than ISSIU. aett weigMf 0
For ereiy hondred weight of bitemt or breed.
For ererj beirel of floor or meal, not weighing more than 196 Ibi., not made from wheat.
For oTeiy hnahel of wheat.
For erery bnshel of pease, beans, rye, calaTanees, oats, hariey, or iadian com, 0 0 7
Rice, for erery 100 lbs. nett weight, 0 S O
For every one thousand shield not more than twelve iaehet in length, 0 T 0
For every one thoatand shingles, being more than twelve inches in length, ^ ^ S
For every one thonsand red oak staves, ^ ^X
For every one thonsand white oak staves, or headinss, ^ ^* f
For every one thonsand feet of white, yellow, or pitch pine lumber, of one inch thick, 3^2
Other kinds of wood and lamber, per one thousand feet, 1 8 0
For evay one thousand wood hoops, 0 5 0
Horses, mules, asses, neat cattle, and all other live stock, for every £100 of the value, 10 0 0
Spirits, videlicet: brandy, geneva, or cordials, for every gallon, 0 1 0
and fuither, the amount of any duty payable for the time being, on spirits, the manulli^twu of the United Kitifitott
Wine, imported in bottles, the tun, containing two hundred and fifty-two gallons, 7 7 0
nnd further, for every iSlOO of the true and real value thereof, 7 10 0
and for every dosen of foreign quart bottles in which such wine may be imported, 0 10
not in bottles, for every jClOO of the true and real value thereof, 7 10 0
Go/Sut^ eoeoa, sugar, molasses, and mm, imported into any of the British poisosiiona in North America, vidalieet:
colTee, for every one hundred weight, 0 6 0
cocoa, for every one hundred weight, 0 6 0
•ugnr, for every one hundred weight, 0. 6 0
mouiBses, for every one hundred weight, 0 0 0
mm, for everv gallon, 0 0 6
and further, the amount of any duty payable for the time being on coffee, eoeoa, sugar, mohMses, and mm res-
pect iTcly, being the produce of any or the British possessions in South America or the West Indies.
Alabaster, anchovies, argol, anniseed, amber, almonds, brimstone, botargo, boxwood, currants, capers, eascasoo,
cantharides, cummin seed, coral, cork, cinnabar, dates, essenees of beigamot, of lemon, of roses, of citron, of
orange, of lavender, of rosemary, emery stone, flax, fruit, viz: dry, preserved in sugar, wet, preserved in brandy,
figs, gums arabic, mastic, myrrh, sicily, ammoniac, hemp, honey, jalap, juniper berries, incense of frankincense,
lava and malta stone for buildiiM;, lentils, manna, marble, rough and worked, mosaic work, medals, mnaka, maen-
roni, nuts of all kinds, oil of olives, of almonds, opium, orris root, ostrich feathers, ochres, orange buds and peel,^
olives, pickles, in jars and bottles, paintings, possolana, flitch, pumice stone, punk, parmesan cheese, picUee,
prints.
ny, sarsa]
the true
uraDic, mastic, myrrn, siciiy, ammoniac, nemp, noney, jaiap, jumper nemei
lalta stone for buildiiM;, lentils, manna, marble, rough and worked, mosaic w<
of all kinds, oil of olives, of almonds, opium, orris root, ostrich feathers, ocl
^jkles, in jars and bottles, paintings, possolana, flitch, pumice stone, punk, , , ,
pearb, precious stones, (except diamonds,) quicksilver, raisins, rhubarb, rice, sansagea. senna, seammo-
sapanUa, saffron, safllower, sponges, tar, turpentine, vermilion, vermiceli, whetstones: For ever^ j£100 of
e aad real value thereof; 7 10 0
0 0
0 0
Clocks and watches, leather manniactnres, linens, musical instruments, wires of all sorts, books and papers:
every j&lOO of the true and real value thereof, 80
Glaae mannfaotures, soap, refined sugnr, sugar eandy, tobacco mann&etnred: For vveiy iClOO of the tme and real
value thereof, 20
Coin and bullion; diamonds: 'salt; fruit and vegetables, fresh; herrings, taken and caught by the inhabitants of the
isle of Man, and importea direct from thence; any aort of craft, iood,^ and victuals, except spirits, and any sort
of clnthing and implements, or materials fit and necessary for the British fisheries in America, imported into the
place at or from which such fishery is carried on, direct Trom the islands of Guernsey, Jersi^TAldemey, Bark,
or Man, being the produce or manufacture of such islands, or of the United Kingdom; rice and Indian com, ann
lumber, the produce of anj British possession on the west coast of Africa, and imported direct from thence, JMlffJrH.
Goods, wares, or merchandize, not being enumerated or describ«Ml, nor otherwise charged witii duty by this act:
For every £100 of the true and real vshie thereof, 16 0 0
And if 'any of the goods hereinbefore mentioned shall be imported through the United Kingdom, (having been warehoused
therein and esgyorted from the warehouse, or the duties thereon, if there paid, having been drawn back,) one tenth of the
duties herein imposed shall be remitted in respect of such goods.
And if any of the goods hereinbefore mentioned shall be imoorted through the United Kingdom, (not from the warehouse,)
but after all duties of importation for home use therein shall nave been paid thereon in the said United Kingdom, and not
drawn back, such goods shall be free of all duties herein imposed.
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tUtG«».UI«e81.
618 BRITISH STATUTES.
PASSED IN THE SIXTH YEAR OF GEORGE IV.
CHAPTER LXXY.
An act to enable his Majesty to grant to a company^ to be incorporated by charter, to be
called ^^ The Canada Company ^^"^ certain lands in the province of Upper Canada^ and
to invest the said company with certain powers and privileges^ and for other purposes
rdating thereto.
[Paned June 27, 182B.]
Wher£as by an act passed in the thirty-first year of the reign of his late Majesty,
entitled, " An act to repeal certain parts of an act passed in the fourteenth year of his
Majesty's reign, entitled, ^ An act for making more efifectual provision for the government
of the province of Quebec, in North America, and to make further provision for the
! government of the said province,' " it was enacted, that it should and might be lawful
or his Majesty, his heirs or successors, to authorize the governor or lieutenant governor
of each of the said provinces of Upper and Lower Canada respectively, or the person
administering the government therein, to make, from and out of the lands of the crown
within such province, such allotment and appropriation of lands for the support and main-
tenance of a i»*ote8tant derey veithin the same, as might bear a due propmlion to the
amount of such lands vdthin the same, as had at any time been granted by or under the
authority of his Majesty ; and that whenever any grant of lands within either of the said
provinces should thereafter be made, by or under the authority of his Majesty, hb heirs
or successors, there should at any time be made in respect of the same a proportionable
allotment and api»*opriation of lands for the above mentioned purpose, within the township
or parish to which the lands so to be granted should appertain or be annexed, equal in
value to the seventh part of the lands so granted ; and whereas in pursuance of the said
act, such i»*oportionable allotments and appropriations of lands as aforesaid, have from
time to time been reserved for the purposes therein mentioned, which lands are known
by the name of ^* the clergy reserves ;" and whereas the greater part of the said clergy
reserves in the said province of Upper Canada have ever since continued, and are now,
waste and unproductive ; and it is expedient that means should be adopted for clearing and
cultivating the said lands, and for that purpose his Majesty should be authorized to sell
and dispose of certain parts thereof to the company to be established as here mentioned ;
and whereas certain other lands in the said province of Upper Canada have been reserved
for the use of his Majesty, and are known in the said province by the name of " the crown
reserves ;" and whereas divers persons have united together to establish a company for
purchasing,' improving, settling, and disposing of lands in Upper Canada, and especially
for purchasing and settling the whole of the before mentioned lands known by the name
of ^' the crown reserves," and such parts of the said lands known by the name of " the
clergy reserves," as his Majesty may be so authorized to sell and convey to them, and
for such other lawful purposes as to his Majesty shall seem meet ; and the said persons
have, in order to carry such purposes into effect, subscribed a capital of one million pounds
sterling, upon which the sum of ten pounds per centum has been paid by the several
subscribers ; and they have humbly besought his Majesty to grant to them a charter of
incorporation ; be it therefore enacted, and it is hereby enacted by the King's most excel-
lent Majesty, by and with the advice and consent of the lords spiritual and temporal, and
commons, in this present parliament assembled, and by the authority of the same, That
If his Majestj iiifiD ^^ ^^^^ ^^^ Majesty shall, within three years after the passing of this act, be pleased by
nut a charter, Uie charter of incorporation, under the great seal of Great Britain 'and Ireland, to declare atid
hold UmdT^kcT^ "*^ grant that such and so many persons as shall be named therein, and all and every such
other person or persons as from time to time shall be duly admitted members into their
corporation, shall be a body politic and corporate, by the name of " The Canada Company,"
and to declare that the said corporation, so to be made and created shall be established for
the purpose hereinbefore mentioned, and for such other lawful purposes as to his Majesty
may seem meet, then, and in that case, it shall and may be lawftil for the said corporation
to hold to them and their successors such lands, tenements, and hereditaments, within the
said provinces, as shall or may be granted by his Majesty to them and their successors
within the said provinces, or as subject to the restrictions hereinafter mentioned, shall be
contracted for and purchased or acquired by them therein ; and to hold, alienate, sell, and
dispose of all such lands, tenements, and hereditaments, upon, under, and subject to such
conditions, provisoes, limitations, and restrictions, as his Majesty, by such his charter,
may impose, direct, or prescribe.
His tfajetty may teS H* And be it further enacted. That his Majesty shall be, and he is hereby empowered
^jj^y^y *jjj JjlJ'* to sell and convey to the said company and their successors, in fee simple, for such valuable
nserrei. ^^ngj j^f^j-JQi^g ^^ gj^^H ^^ agreed upon between his Majesty and the said company, as he
shall deem expedient, and upon such conditions, and with and subject to such restrictions,
limitations, and provisoes, as his Majesty may be pleased to impose, one equal half, part.
Digitized by VrjOOV IC
British statutes^
<i»
an^ no more^ of t)ie said reserved lands in the province of tipper Canada, called /^ the
cdergy reserves,*' lying in those townships of the said province, which on or before the
first daj of March, one thousand eight hundred and twenty-four, were actually laid out in
any of the several districts thereof: Provided always. That the several portions of the
said clergy reserves which have been granted or demised to any person or persons by
any lawful authority, or which have been occupied under any license or promise made or
given by any lawful authority, or which have been specially appropriated or set apart for
any public purposes, or which have been occi^ied by any person or persons without
disturbance for a period of ten years, shall not, for the purposes of any such grant or
conveyance, be considered as forming any part of the clergy reserves, whereof one moiety
may be sold and conveyed to the said company as aforesaid : Provided also, That the
purchase money which shall be paid by the said company, for the lands so to be granted
to them, in whatever securities the same may be vested, shall be appropriated exclusively
to the support and maintenance of a protestant clergy, and shall be in the place of, and
remain to the same uses, and for the same purposes, to and for which the said clergy
I'eserves have by virtue of the above recited act bp.en allotted and appropriated : Provided
also, That nothing herein contained shall be deemed or taken to limit or restrict any other
grant by his Majesty to the said company, which, by his Majesty's royal prerogative, he
is authorized and empowered to make, or to restrict or prevent the said company from
taking, accepting, and enjoying the same, in as full, ample, and beneficial a manner as hia
Majesty may be pleased to direct.
III. And be it further enacted. That in case his Majesty shall see fit to set apart and
appropriate in the said province of Upper Canada other waste lands of and belonging to
his IV^jesty, of equal value with that part of the said clergy reserves which his Majesty
is so epipowered as aforesaid to sell and convey to the said company, it shall and may be
lawful for his Majesty, and he is hereby empowered by any order to be by him for that
purpose made, by and with the advice of his privy council, to declare, that the lands so
set apart and appropriated shall thenceforward be substituted and exchanged for such last
mentioned part of the said clergy reserves ; and then, and in that case, such substituted
lands shall, from and after the issuing of any such order, be held, set apart, and appropri-
ated upon, for, and to such and the same uses, trusts, intents, and purposes, upon, for,
and to which the said clergy reserves are now held, set apart, and appropriated.
IV. And whereas it may be necessary for the purpose of raising the capital for the
proposed undertaking, with a view to the accomplishment of the beneficial objects aforesaid,
to vest in the said company such powers and privileges as cannot be granted without the
aid of parliament ; be it therefore enacted. That the shares in the said undertaking, and
in the profits and advai;itages thereof, shall be and be deemed personal estate, and as such
personal estate, shall be transmissible accordingly.
V. And be it further enacted. That if any subscriber, or any proprietor or proprietors
of any share or shares in the said company, his or their executors, administrators, succes-
sors, or assigns, shall neglect or refuse to pay his or their part or pqrtioa of the money to
be called for, in such manner as may be directed by letters patent, to be granted as
aforesaid, during the space of six calendar months next after the time appointed for payment
thereof, together with lawful interest from the appointed time of payment, then, and in
every such case, such person or persons, bodies politic or corporate, so neglecting or
refusing, shall absolutely forfeit all his or their share or shares in the said company, and
all profits and advantages thereof, and all money theretofore advanced by him, her, or
them, on account thereof, to and for the use and benefit of the said company ; and all
shares which shall or may be forfeited, shall or may at any time or times thereafter be
sold at a public sale, for the most money that can be gotten for the same, .and the produce
thereof shall go to and make part of the capital stock of the said company ; and such share .
or shares, forfeited and sold, shall be assigned and transferred to the purchaser, by an
instrument under the common seal of the said company, in the manner required upon
other transfers ; but no advantage shall be taken of such forfeiture of any share or shares,
until the same shall be declared to be forfeited at some general or special meeting of all
the said proprietors, which shall be held not earlier than six calendar months next after
the said forfeiture shall happen, and that every such forfeiture, so to be declared, shall be
an absolute indemnification and discharge to and for the proprietor or proprietors, or his,
her, or their executors, administrators, successors, and assigns, from all Uability in respect
thereof.
VI. And be it further enacted, That after any .c^ll for money shall have been made, and
become due and payable, by virtua of the provisions which may be introduced for that
purpose in any charter or letters patent, to be granted as aforesaid, no person or persons,
bodies politic or corporate, shall sell or transfer any share or shares which he, she, or
they shall possess in the said stock of the said company, until the money so called for in
respect of his, her, or their share or shares intended to be sold shall be paid, and until
Hit Biajetty maj nib-
Btitute other laiad for
thelandf Galled eleqj
renerrea.
Shares to he penonal
Snbteriben to forfeit
their shares io defiuilt
of payment of caUa.
Shares not
tiU calls paid
to be fold
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BRITISH STATUTES.
Coapaajr bukt hold
Inds in any put <if Ua
Migetty't doninkni.
LoMtaikm of Oe YilM
oftha Indito be por-
OiwmiyMiiiai cf Ittd
tobe&tlMlollowiBg
tSharCer to l^«uifled
mli^gittwed.
Jhiblieaet.
i^h nloiie j 80 edfed for shall be paid, any aueh sale or traiidfer of any stntfe or sluffes
shall be Toid ; and all and every person and persons, body politie and eorporate, malaog
default thereon, shall be subject and liable to forfeit such his, her, or their shares in the
said company, to and for the general benefit of the said compatay, unless he, she, or they,
shall, at the time of such sale or transfer, pay to the banker of the said company, or
such other person or persons as the court ojf directors, for the time being, shall appoint to
receive the same, the full sum of money called for upon every share so to be B<dd or
transferred ; sudi forfeiture to be first notified and declared in sndi manner as may be
directed with respect to the forfeiture of shares for not answering the calls to be made
thereon as aforesaid.
VlL And be it further enacted. That the said company may be and are hereby audio-
rized to purchase, take, hold, and sell, all lands, tenements, and hereditaments, situate in
Great Britain and Ireland, or the said provinces' of Upper Canada and Lower Canada,
which it may be necessary or convenient for the said company to acquire, in order to
carry the purposes aforesaid into more complete effect ; provided that such lands, tene-
ments, and hereditaments, as may be puroh«sed in Great Britain or Ireland, be not
altogether of more Aan the value of five hundred pounds per annum at the time of the
Cvcfaase ; and also provided, that any such purchase as aforesaid, in the said provinces of
pper Canada and Lower Canada, be of such annual value only as his Miyesty, by such
his charter or letters patent, or by any order or orders to be by him issued witik the advice
of his privy council may from time to time authorize and direct, and to be made in confor-
ihity with the local laws and statutes in force in those parts of his Majesty's domiiBons in
which the land so to be purchased may be situate ; and the said company may do all other
acts and things in relation to the premises, in all respects as beneficially as any other body
politic or corporate, or any subject of this realm, is by law entitled to do.
YIII. And be it further enacted. That all conveyances which shall be made by the said
Canada company to any individual or individuals, of any part of the lands to be granted
to, or purchased^ or held by the said company, in the manner and subject to the restrictions
aforesaid, shall and may be made according to the form following, or as near thereto as
the circumstances of the case will admit ; (that is to say :)
*^ We, the Canada company, incorporated under and by virtue of an act made and passed
in the sixth year of the reign of his Majesty, King George the Fourth, entitled, ^ An act
to enable his Majesty to grant to a company, to be incorporated by charter, to be called
^ The Canada Company,' certain lands in the province of Upper Canada, and to invest the
said company with certain powers and privileges, and for other purposes relating tEeretO|"
in consideration of the sum of to us paid, do hereby grant and release to alt
and all our right, title, and interest, to and in the same, and every part thereof; to
have and to hold unto the said and his heirs forever."
And every such conveyance shall be valid and effectual in law, to all intents and purposes
whatsoever.
IX. And be it further enacted, That a copy of his Majesty's charter of incorporation,
being duly verified on oath before one of the masters in ordinary of the high court of
chancery at Westminster, shall be transmitted to the governor or lieutenant governor of the
said province of Upper Canada and the said province of Lower Canada, and registered in the
joffice of the chief secretary of each of the said provinces ; and such registry, or copy
thereof, shall within the said provinces, respectively, be, and be deemed and taken to be,
good and sufficient evidence of the contents of such charter of incorporation, to all intents
and purposes.
X* And be it further enacted, That this act shall be deemed and taken to be a public
act, and shaft extend to and be in force in the said provinces of Upper Canada and Lower
Canada, and shall be judicially taken notice of as such by all judges, justices, and others,
in the United Kingdom aforesaid, and in the said province, without being specially
pleaded.
PASSED IN THE SIXTH YEAR OF GEORGE IV.
CHAPTER CV.
An act to repeal the several laws relating to the customs.
[Those clauses that do not app>f to this colony are omitted.— Passed Jnlj 6, 1825.]
12th Car. II, e 18. XVI. So mucb of an act made in the twelfth year of the reign of King Charlea the
Second, entitled, " An act for the encouraging and increasing of shipping and navigation,^
as remains unrepealed ; and also,
2UU2idcttAhe». XXIV. So much of an act passed in the twenty-second and twenty-third years of the
reign of King Charles the Second, entitled, *^ An act to prevent the planting trf* tobacco in
Digitized by VrrUUy It:
BRITISH STATUTIS. ^21
£iiriaiidl, wd for regulalibg the pbrntation trade," ab in any Way relates to the plantation
ttmSe in his Migest j's dominions ; and also,
XXXIV* So much of an act passed in the seventh and eighth jears of the reign of King 7th and sth WiL iii, e
William the Thirds entitled, ^^ An act for preventing frauds and regulating abuses in the ^
plantation trade," as relates to the revenue of customs ; and also^
LXIX. So much of an act passed in the seventh year of the reign of King George the Tth Geo. i, tt i, c2i.
First, entided, ^' An act for the further preventing his Majesty's subjects from trading to
the East Indies under foreign commissions, and for encouraging and further securing the
lawful trade thereto, and for further regulating the pilots of Dover, Deal, and the isle of
Thanet," as prohibits the importation into Jersey, Guernsey, Aldemey, Sark, or Man, or
into any land, island, plantation, cdony, territory, or place, to his Majesty, or to the crown
of Great Britain belonging, or which shall hereafter belong to his Majesty, his heirs or
successors, in Africa or America, of any commodity of the growth, product, or manufacture
of the East Indies, and other places beyond the cape of Qmd Hope, but su^h only as shall
bona fide, and without fraud, be laden and shipped in Great^ Britain, in ships navigated
aeeording to the laws then in being ; and also so mnch of the said act as allows merchants
and traders exporting foreign goods for drawbacks to have three y eats' time from the im-
portation of suoh goods for that purpose, accounting such importation from the master's
report of his ship ; and also,
LXXIX. So much of an act passed in the fiftli year of the reign of King George the 0th Oto. n, e 22.
Second, entitled, ^* An act to prevent the exportation of hats out of any of his Majesty's
colomee or plantations in America, and to restrain the number of apprentices taken by the
hatmakers in the said colonies or plantations, and for the better encouraging the making of
hats in Great Britain," as relates to the transportation of hataor felts from any of the plan*-
tations in America ; and also,
XCIX. So much of an act passed in the twenty-fourth year of the reign of King Geom ami Geo. 11, e si.
the Second, entitled, ^^ An act for encouraging the making of pot ashes and pearl ashes m
the British plantations in America," as imposes a penalty upon persons making an entry
of any foreign pot ashes or pearl ashes under the name or description of pot ashes or pearl
ashes of the production of any of the British colonies or i^ntations ih America, or of
mixing die same ; and also,
CXXIX. An act passed in the eighth year of the reign of King George the Third^ schCUo. iii,e22.
entitled, ^^ An act for the more easy and effectual recovery of the penalties and forfeitures
inflicted by the acts of parliament relating to the trade or revenue of the British colonies
and plantations in America;" and also,
CCLXXIIL An act passed in the forty-ninth year of the reign of King Greorge the 4dth Geo. in, e lor.
Third, entitled, '* An act for the more effectual recovery of penalties and forfeitures
incurred in the British colonies and plantations in America ;" and also,
CCXCII. An act passed in the fifty-second year of the reign of King George the Third, fi^d Geo. in, 1 66.
entitled, " An act to prevent foreign goods of certain descriptions being brought from the
United States of America into Canada, and to allow a greater quantity of worsted yarn to
be exported from Great Britain to Canada ;" and also,
CCCLIX. An act passed in the third year of the reign of his present Majeaty, entitled, ^ Geo.iv, c4i.
^^ An act to regulate the trade between his Majesty's possessions in America^nd the West
Indies, and other places in America and the West Indies ;" and also,
CCCLX. An act passed in the third year of the reign of his present Majesty, entitled, SdGeo. iv»e4s.
^' An act to regulate the trade between his Majesty's possessions in America and the West
Indies, and other parts of the world ;" and also,
CCCLXIII/ So much of an act passed in the third year of the reign of his present Sd Geo. iv» e lis.
Majesty, entitled, ^ An act to regulate the trade of the provinces of Lower and Upper
Canada, and for other purposes relating to the said provinces," as relates to the trade
between those provinces and the United States of America ; and also,
CCCLXIV. An act passed in the fourth year of the reign of his present Majesty^ enti- 4th Geo. iv,e 2.
tied, ^^ An act to amend an act of the last session of parliament, for regulating tfate trade
between his Majesty's possessions in America and the West India islands, and other parts
of the world."
PASSED IN THE SIXTH YEAR OF GEORGE IV*
CHAPTER CIX.
An act far the encouragement of Briiish eHpping and navigation.
[Pasted Jidy 5, 1826.]
Whsrsas an act was passed in the present session of .parliament, entitled, ''^ An act to 6ikG«o. iv,e los.
repeal the several laws relating to the customs," in which it is declared, that the laws of
the customs have become intricate by reason- of the great jwnnber of acts relating thereto,' ^^^ , . j
78. ^ ' . ;; •. ]^\gmej byJicjOOgle
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goods for borne luei.
In Brituh thipi^ or
■hipa of pUeo, or ■hip*
of produce.
Good* the |wo4pceof
Asia, Africa, or Ame-
rica, mar not be in^
ported Irom Europe
esLCept in certain cases.
CSoods die produce of
Asia, Africa, or Ame-
rica, may not be im-
ported inforeicn ships,
except in certuB I
Ctoods to be deemed
produce of the country
where manufactured.
From Guernsey, Ac in
British ships.
Enwrts to Asia, Ite.
ana to Guernsey, &c.
in British ships.
Coastwise,
ships.
British
Between Guernsey,
Jefsey, &c. ill British
ships.
Between British pos-
Afri-
in Asia,
ca, or America, in Bri-
ti^ ships.
British pos-
sessioos in America,
and other pbees in
America.
No ship British,!
reristered. and nayiga-
ted as sucn.
To l>e navigated by
British master ana
three fourths British
teamen.
If coastiac trade,* ^
Chibmsey, se. orBri-
Uih coasts' fisheries,
an to be British sen-
m' . %
BRITISH STATUTES.
which have been passed through a long series of years ; and that it is theiefere hq^j
expedient for the interest of commerce and the ends of justice, and also for affiurding con-
venience and facility to all persons who may be subject to the operation of those laws, or
who may be authorized to act in the execution thereof, that all the statutes now in force
relating to the customs should be repealed, and that the purposes for which they have
irom time to time been made should be secured by new enactments, exhibiting more per-
spicuously and compendiously the various provisions contained in them ; and whereas the
laws relating to the encouragement of British navigation will thereby be repealed, and it
is expedient to make provisions in lieu thereof, for the due encouragement of British
shipping and British seamen, after such repeal shall have effect ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present parliament assembled, and by the
authority of the same. That from and after the fifth day of January, one thousand eight
hundred and twenty-six, this act shall come into, and be, and continue in full force and
operation, and shall constitute and be the law of navigation of the British empire.
II. And be it further enacted. That the several sorts of goods hereinafter enumerated,
being the produce of £urope ; (that is to say,) masts, timber, boards, salt, pitch, tar,
tallow, rosin, hemp, flax, currants, raisins, figs, prunes, olive oil, com or min, pot ashes,
wine, sugar, vinegar, brandy, and tobacco, shall not be imported into the United Kkigdom,
to be used therein, except in British ships, or in ships of the country of which the goods
are the produce, or in ships of the country from which the goods are imported.
III. And be it further enacted. That goods, the produce of Asia, Africa, or America,
shall not be imported from Europe into the United Kingdom, to be used therein, except
the goods hereinafter mentioned ; (that is to say;) goods, the produce of places in Asia
or Africa, within the straits of Gibraltar, or of the dominions of the emperor of Morocco,
imported from places in Europe within the' straits of Gibraltar ; goods, the produce of
places within the limits of the East India company's charter, which (having been imported
into Gibraltar or Malta in British ships) may be imported from Gibraltar or Malta; goods
taken by way of reprisal by British ships ; bullion, diamonds, pearls, rubies, emeralds, and
other jewels or precious stones.
IV. And be it further enacted, That goods, the produce of Asia, Africa, or America,
shall not be imported into the United Kingdom, to be used therein, in foreign ships, unless
they be the ships of the country in Asia, Africa, or America, of which the goods are the
produce, and from which they are imported, except the goods hereinafter mentioned ;
(that is to say ;) goods, the produce of the dominions of the Grand Seignor, in Asia or
Africa, which may be imported from his dominions in Europe, in ships of his dominions;
raw silk and mohair yam, the produce of Asia, which may be imported from the domi-
nions of the Grand Seignor in the Levant seas, in ships of his dominions ; bullion.
y. Provided always, and be it further enacted. That all manufactured goods shall be
deemed to be the produce of the country of which they are the manufacture.
Yl. And be it further enacted, That no goods shall be imported into the United King-
dom, from the islands of Guernsey, Jersey, Alderoey, Sark, or Man, except in British
ships.
VII. And be it further enacted, That no goods shall be exported from the United
Kingdom to anj British possession in Asia, Africa, or America, nor to the islands of
Guernsey, Jersey, Alderaey, Sark, or Man, except in British ships.
VIII. ^And be it further enacted, That no goods shall be carried coastivise, from one
part of the United Kingdom to another, except in British ships.
IX. And be it further enacted. That no goods shall be carried from any of the islands
of Guernsey, Jersey, Alderaey, Sark, or Alan, to any other of such islands, nor from one
part of any such islands to another part of the same island, except in British ships.
X. And be it further enacted, That no goods shall be carried from any British possession
in Asia, Africa, or America, to any other of such possessions, nor from any one part of
any of such possessions to another part of the same, except in Britbh ships.
XI. And be it further enacted. That no goods shall be imported into any Britbh
possession in Asia, Africa, or America, in any foreign ships, unless they be ships of the
country of which the goods are the produce, and from which the goods are imported.
XII. And be it further enacted, That no ship shall be admitted to be a British ship
unless duly registered and navigated as such; and that every British registered ship (so
long as the registry of such ship shall be in force, or the certificate of such registry retained
for the use of such ship) shall be navigated during the whole of every voyage, (whether
with a cargo or in ballast,) in every pAt of the world by a master who is a British subject,
and by a crew, whereof three fourths at least are British seamen ; and if such ship be
employed in a coasting voyage from any one part of the United Kingdom to another, or in
a voyage between the United Kingdom and the islands of Guernsey, Jersey, Aldemey,
Sarky or Man, or from one of the said islands to another of them, or^om one part of
Digitized byV:jOOQl(:
L'y ^.
BRITISH STATUTES.
either of them to another of the same, or be employed in fiahing on the eotets of the
United Kingdom, or of any of the said islands^ then the wbcde of the crew shall be British
seamen.
XIII. Provided always, and be it further enacted, That all British built boats or vesseb
under fifteen tons burthen, wholly owned and navigated by British subjects, although not
registered as British ships, shall be admitted to be British vessels, in all navigation in the
rivers and upon the coasts of the United Kingdom, or of the British possessions abroad,
and not proceeding over sea, except within^the limits of the respective colonial govern-
ments within which the managing owners of such vessels respectively reside ; and that
all British buOt boats or vessels, wholly owned and navigated by British subjects, not
exceeding the burthen of thirty tons, and not having a whole or a fixed deck, and being
employed solely in fishing on the banks and" shores of Newfoundland, and of the parts
adjacent, or on the banks and shores of the provinces of Canada, Nova Scotia, or New
Brunswick, adjacent to the gulf of St. Lawrence, or on the north of cape Canso, or of
the islands within the same, or in trading coastwise within the said limits, shall be
admitted to be British boats or vessels, although not registered, so long as such boats or
vessels shall be solely so employed.
XIY. Provided also, and be it further enacted. That all ships built in the British settle*
ments at Honduras, and owned and navigated as British ships, shall be entitled to the
privileges of British registered ships in all direct trade between the United Kingdom and
the said settlements; provided the master shall produce a certificate, under the hand of
the superintendent of those settlements, that satisfactory proof has been made before him
that such ship (describing the same) was built in the said settlements, and is wholly
owned by British subjects : Provided also. That the time of the clearance of such ship
from the said settlements for every voyage shall be endorsed upon such certificate by
such superintendent.
XV. And be it further enacted, That no ship shall be admitted to be a ship of any
particular country, unless she be of the built of such country ; or have been made prize
of war to such country^ or have been forfeited to such country under any law of the
same, made for the prevention of the slave trade, and condemned as such prize or forfei-
ture by a competent court of such country ; or be British built (not having been a prize
of war from British subjects to any other foreign country ;) nor unless she be navigated
by a master who is a subject of such foreign country, and a crew of whom three fourths at
least are subjects of such country ; nor unless she be wholly owned by subjects of such
country usually residing therein, or under the dominion thereof: Provided always, That
the country of every snip shall be deemed to include all places which are under the same
dominion as the place to which such ship belongs.
XVI. And be it further enacted. That no person shall be qualified to be a master of a
British ship, or to be a British seaman within the meaning of this act, except the natural
born subjects of his Majesty, or persons naturalized by any act of parliament, or made
denizens by letters of denization ; or except persons who have become British subjects by
virtue of conquest or cession of some newly acquired country, and who shall have taken
the oath of allegiance to his Majesty, or the oath of fidelity required by the treaty or
capitulation by which such newly acquired countir came into his Majesty's possessions ;
or persons who shall have served on board any of his Majesty's ships of war in time of
war for the space of thr^e years : Provided always. That the natives of places within the
limits of the East India company's charter, although under British dominion, shall not,
upon the ground of being such natives, be deemed to be British seamen : Provided always,
That every ship (except ships required to be wholly navigated by British seamen) which
shall be navigated by one British seaman, if a British ship, or one seaman of the country
of such ship, if a foreign ship, for every twenty tons of the burthen of such ship, shall
be deemed to be duly navigated, although the number of other seamen shall exceed one
fourth of the whole crew.
XVII. Provided always, and be it further enacted, That it shall be lawful for his Majesty,
by his royal proclamation during war, to declare that foreigners, having served two years
on board any of his Majesty's ships of war, in time of such war, sh^U be British seamen
within the meaning of this act.
XVIII. And be it further enacted. That no British registered ship shall be suffered to
depart any port in the United Kingdom, or any British possession in any part of the world,
(whether with a cargo or in ballast,) unless duly navigated: Provided always. That any
British ships, trading between places in America, may be navigated by British negroes ;
and that ships trading eastward of the cape of Good Hope, within the limits of the East
India company's charter, may be navigated by lascars, or other natives of countries within
those limits.
AH TeMeb wider fif-
teen tons' bnrthen nd-
nutted in nayigalion
upon riren, lie.
Hondnrai thipi to be
M British, in trade
with United Kingdook.
Ship of tgkj forein
eoontry to be of tne
built of, or prize to-
snch countiy; or Bri-
tish built stnd nATign->
ted by master and sear
men (three fourths) of
the ooantiy, and own-
ed by subjects of the
country.
Master and seamen not
British, nnless natural
bom, or natttralized, or
denizens, or subjects
by conquest or cession,
or served in his Majes-
ty's ships of war.
Foreicnen haying
senred two rears en
board his Migesty'a
ships, during war, to
be considered British
British shfo not to de-
part British port with-
out British crew, ex-
cept British negroes in
America, orlascan in
India.
Digiti
zedbyjSoOgle
BRITISH STATUTB8.
If coBcet* of forei
rein
•xcept 8ri-
bo
tuh
procured In foraini
pMtf, or m Mbl or
proportiott doeCrojed
ttBivaidaUyt eikl eer-
tifieete piodoeed) or
prool' BUtfU.
Pn^ortion of Mamea
may be aUcred by pro-
Good! prohibited only
by Barigatkm law may
be iaipoited for eiqior-
Ck)od9 haported, &e.
coQlmrT t6 kw of aa*
TisaMon^tobefoHlBked.
nay 1
this iriVMH:
XIX. AndbeUAirtbereaMted, ThMtfanyBrilidkfegHiter^dd^
M part of the crewy in any {Murt of the world) uy foreign fievntn not aUowed bj law, the
master or owner of such ship shall for every such foreign seaman forfeit the suoa of ten
pounds ; Provided always. That if a due proportion of British aeamen cannot be procured
in any foreign port, or in any place within the limits of the East India company^s charter,
for the navigation of ahy British ship; or if such proportion be destroyed during the
voyage by any unavoidable circumstance, and the master of such ship prodluce a certi&cate
of such facts under the hand of any British consul, or of two known British naerchants^
if there be no consul at the place where such facts can be ascertained, or from the Brttisk
governor of any place within the limits of the East India company's charter ; or in the
want of such certificate^ shall make proof of the truth of such facts, to the satinCaction of
the collector and controller of the customs of any British port, or of any person authorised
in any other part of the world to inquire into the navigation of such ship, the same shall
be deemed to be duly navigated.
XX. And be it further enacted. That if his ..Majesty shall, at any time by his royal
proclamation, declare that the proportion of British seamen necessary to the due naviiga-
tion of British ships shall be less than the proportion required by this act, every British
ship navigated with the proportion of British seamen required by such proclamation, shall
be deemed to be duly navigated, so long as such proclamation shall remain in farce.
XXI. Provided always, and be it further enacted, That goods of any sort or the pro-
duce of any place, not otherwise prohibited than by the law of navigation her^inheCoce
contained, may be imported into the United Kingdom from any place, in a Biitbh sUp,
and from any place not being a British possession, in a foreign ship of any country, and
however navigated, to be warehoused for exportation only, under the provisions of any
law in force for the time being, made for the warehousing of goods, without payment of
duty upon the first entry thereof.
XXII. And be it further enacted, That if any goods be imported, exported, or carried
coastwise, contrary to the lawof navigation hereinbefore contained, aU sqoh goods shall be
forfeited, and the master of such ship shall forfeit the sum of one hundred pounds.
XXIII. And be it further enacted. That this act maybe altered, varied, or repealed, by
|i|i^ act or fuits to be passed in this present session of pariiament.
SthGeo.rV, elOS.
IflBpottatJ
tatloaofi
of this
ionaod ezper-
of goods eonmie4
to free piorts.
(And if iii)ported con-
trary to snch prohibi-
tion, to be forfeited.
See 7th Geo. IV, e 48,
s4S.)
PASSED IN THE SIXTH YEAR OF GEORGE IV.
CHAPT£R CXIV,
An act to regulate the trade of the British possessions abroad.
rPa«sed July fi, Y8IS.]
Whi;rea6 an act was passed in the present session of parliament, entitled, " An act to
repeal the several laws relating to the customs;*^ in which it is declared that the laws of
the customs have become intricate by reason of the great number of acts relating thereto,
which have been passed through a long series of years ; and it is therefore highly expe-
dient, for the interests of commerce and the ends of justice, and also for affording
convenience and facility to all persons who may be subject to the operation of those laws,
or who may be authorized to act in the execution thereof, that all the statutes now in
force relating to the customs should be repealed, and that the purposes for whicli tbej
have ttom time to time been made should be secured by new enactments, exhibifing more
perspicuously and cdmpendiously the various provisions contained in them ; and whereas
by the said act all laws of the customs relating to the trade of the British possesions
abroad will be repealed ; and it is expedient to make provisions for the future regulation
of the trade of those possessions, after such repeal shall have effect ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present parliament assembled, and by
the authority of the same, That from and after the fifth day of January, one thousand
eight hundred and twenty-six, this act shall come into, and be, and continue in fuU force
and operation, for the regulating of the trade of the British possessions abroad.
II. And be it further enacted. That no goods shall be imported into, nor shall any
f)ods, except the produce of the fisheries in British ships, be exported from, any of the
ritish possessions in America by sea, from or to any place other than the United King-
dom, or some other of such possessions, except into or from the several ports in such
possessions, called ^* free ports,'' enumerated or described in the table following ] (that is
to say:)
Digitized by
Google
BRITISH STATUTES.
«fS
TAB&B OF
Kingston, fSaTannah le Mar, Hontcgo huf^ Smteliiioia, Antonio, Saint Ann,
Falmonthy Maria, Moraat bay, AnnottoliAy,... Jamaica.
Saint Gaorge, Grenada. *
Roieaa, Dominica.
Saint JoWs, Antigoa.
San Jo»ef, Trinidad.
Scarboronrh, TobaM.
Road Harbor , Tortola.
Nassau , New Proyidencc.
FitfsTown, Ciooked Island.
Kingston, Saint Vincent.
Port Saint George and Port Hamilton, Bermuda.
Anj port where there is a custom bouse, • Bahamas.
Bridgetown, Barbadoes.
Saint John's, Saint Andrew's, New Bnmswiek.
Halifax, Nova Scotia.
Quebec, Canada.
SaintJohn's, Newfoundland.
Geoigetowa, Demerara.
New Amsterdam, j , Berbice.
Castries, Saint Lucia.
Basseterre, Saint Kitfs.
Charlestown Nevis.
Plymouth, Montserrat.
III. Provided always, That if his Majesty shall deem it expedient to extend the pro-
visions of this act to any port or ports not enumerated in the said table, it shall be lawful
for his Majesty, by order in council, to extend the provisions of this act to such port or
ports ; and from and after the day mentioned in such order in council, all the privileges
and advantages of this act, and all the provisions, penalties, and forfeitures, therein con-
tained, shall extend, and be deemed and construed to extend, to any such port or ports
respectively, as fully as if the same had been inserted and enumerated in the said table
at the time of passing this act : Provided also, That nothing hereinbefore contained shall
extend to prohibit the exportation of the produce of the fisheries bom any ports or places
in any of the said possessions in British ships, nor to prohibit the impcnrtation or exporta-
tion of goods, into or from any ports or places in Newfoundland or Labrador, in British
ships.
IV. And whereas by the law of navigation, foreign ships are permitted to import into
any of the British possessions abroad, from the countries to which they belong, goods, the
produce of those countries, and to export goods from such possessions, to be carried to
any foreign country whatever; and whereas it is expedient that such permission should
be subject to certain conditions ; be it therefore enacted. That the privileges thereby
granted to foreign ships shall be limited to the ships of those countries which, having
colonial possessions, shall grant the like privileges of trading with those possessions to
British ships, or which, not having colonial possessions, shall place the commerce and
navigation of this country, and of its possessions abroad, upon the footing of the most
favored nation, unless his Majesty, by his order in council, shall in any ease deem it expe-
dient to grant the whole or any of such privileges to the ships of any foreign country,
although the conditions aforesaid shall not in all respects be fulfilled by such foreign
country.
v. And be it further enacted, That nothing contained in this act, or any other act passed
in the present session of parliament, shall extend to repeal, or in any way alter or affect,
an act passed in the fourth year of the reign of his present Majesty, entitled, " An act to
authorize his Majesty, under certain circumstances, to regulate the duties and drawbacks
on goods imported or exported in foreign vessels, and to exempt certain foreign vessels
from pilotage ;" nor to repead, or in any way alter or affect, an act passed in (he fifth
year of the reign of his present Majesty, among other things, to amend the last mentioned
act, and that all trade and intercourse between the British possessions and all foreign
countries shall be subject to the powers granted to his Majesty by those acts.
VI. Provided always, and be it further enacted, That until the expiration of ten years,
to be computed from the twenty-fourth day of June, one thousand eight hundred and twenty-
two, every foreign ship which, previous to that day, had been engaged in trade between
any of the British possessions in America, and other places in America, shall, for the pur-
poses of this act, be deemed to be a ship of the country or place to which she had then
belonged, if still belonging thereto; any thing in the law of navigation to the contrary
notwithstanding.
VII. And be it further enacted, That the several sorts of goods enumerated or described
in the table following, denominated " a table of prohibitions and restrictions," are hereby
prohibited to be imported or brought, either by sea or by inland carriage or navigation, into
the British possessions in America, or into the island of Mauritius, or shall be so imported
or brought, only under the restrictions mentioned in such table, according as the several
sorts of such goods are set forth therein ; (that is to say :)
His MajeatT^ioay ex-
tend the pmdeges of
this act to other porta
not herein ennaeiated.
PriTilOKea granted to
foreign ships limited
to the shipa of those
coontries which having
colonial poaaessiona
shall giant the like pri-
yileges to British ships,
&c.
This act not tQaiTect
4th Geo. IV, c 77, and
5th Geo. IV, c I.
Foreign shi^s trading
between British posses-
sions and other places
in Amerieayto be deem-
ed shipa of the place to
which they belong, nn-
til 24th Jnne, ISB.
Goods nrohibttcd or ra-
strictea to be imported
inlo coloniea.
Digitized by
Google
BRITISH STATUTES.
(The imkAitioii M re-
ipeeta kttf aad poric,
meeledbyTthaiMlMi
OmTiY, entiUed, «*An
eet to ameiid the kwi
lektiaff to the eiu-
toini,'*teetion 28, dm*-
ed Jo^at, 1827. See
the table of duties in
•aideet)
(The prohibitioB m re-
neete eoeee'eutt, cof-
Uit^ raffv, mohatet* or
bore.)
Goeda Imported con-
trmry hercto» forfeited.
CoffiBe,&e. though Bri-
tiah, deemed foreign in
certain eaaea.
Dtttiea of importatioii
(Spirita, not otherwiae
ehar|^ with duty, one
ahlUug per gallon. See
table ofdntiea, 1827;
7th&8ihaeo.iy. See
alao, 14th Geo. III.)
(Wheat flour that has
been wnrehonaed at any
free port in the Britiiti
poaaesaiona in North
America, and exported
direet from thence to
any British possession
In the West Indies or
South America, to pay
a doty of ons ahiifing
per barrel only, instead
of fiye shillings. See
7thGeo.iy,c88»s46.)
(As to wheat delivered
in the colonies to be
ground which may be
warehoused, ^ under
■bond^ under 'certain
conditioo8,Bce9th Geo.
IV, e 76.)
(After April 15, 1881,
all duties on the impor-
tation of com or grain
noground; of meal or
floor not madeof wheat;
bread, biscuit, rice,liye
atock,wheat flour, beef,
pork, hams,bacon,wood
or lumber, repealed.—
SeelstWfl. iy,c24.)
(Masts, timber, stayea,
wood hoops, shingles,
lath wood, cord wood
for fuel» r«w hidea, tal-
A TABLK or FROHIBITXOirB AmO BSflTBIOnONB.
Gnmowder; anna; ammunitions or utensils of war; beef, fresh or salted, and potk, (except into yewfonwUnnd ) — ^Pro-
hibited to be imported, except from the United Kingdom, or from some other British possession.
Tee— Prohibited to be imported, excent from the United Kingdom, or from some other British possession m America,
unless by the Blast India company, or with their license.
Fish, dried or salted; train oil, blubber, fins, or skins, the produce of creatures liring in the sea— Prohibited to be im-
ported, except from the United Kingdom, or from some other British possession, or unfesa taken by British sh^ fitted out
from the United Kingdom, or from some British possession, and brought in from the fishery, and except herrings from the
isle of Man, taken and cared by the inhabitants thereof.
Coffee; cocoa nuts; sugar; mc lasses; rum — Being of foreign production, or the production of any place within the limits
of the Eut India company's charter, except the island of Mauritius, prohibited to be imported into any of the British p<»-
sessions on the consent of South America or in the West Indies, except the Bahama and Bermuda islands, or into tkt
Island of Mauritius, and may also be prohibited to be imported into the Bahama or the Bermuda islands^ by his Majesty's
order in council.
Base or counterfeit coin ; books, such as are prohibited to be imported into the United Kingdom— Prohibited to be inoported.
And if any goods shall be imported or brought into any of the British possessions in Ame-
rica, or into the island of Mauritius, contrary to any of the prohibitions or restrictions
mentioned in such table, in respect of such goods, the same shall be forfeited.
VIII. And be it further enacted, That all coffee, cocoa nuts, sugar, molasses, and nun,
(although the same may be of the British plantations,) imported into any of the British
possessions in America, into which the like goods of foreign production can be legally
imported, shall upon subsequent importation from thence into any of the British possessions
in America, into which such goods, beine of foreign production, cannot be legally imported,
or into the island of Mauritius, or into the United Kingdom, be deemed to be of fneign
production, and shall be liable, on such importation respectively, to the same duties or the
same forfeitures, as articles of the like description, being of foreign production, would be
liable to, unless the same shall have been warehoused under the provisions of this act,
and exported from the warehouse direct to such other British possession, or to the island
of Mauritius, or to the United Kingdom, as the case may be.
IX. And be it further enacted. That there shall be raised, levied, collected, and paid
unto his Majesty, the several duties of customs, as the same are respectively set forth in
figures in the table of duties hereinafter contained, upon goods, wares, and merchandize,
imported or brought into any of his Majesty's possessions in America ; (that is to say :)
TABIDS OF DUTISa.
Duties payable upon Spirits, being of the growth, production, or mamifaeture of the United Kiagdem, or of asy of the
British possessions in America or the West lodies, imported into Newfoundland or Canada.
Spirite, Tidelicet: £ t. d.
imported into Newfoundland, ridelicet:
the produce of any of the British possessions in South America or the West Indies, Tidelieet:
imported from any of the British possessions in South America or the West Indies, the gallon.
imported from the United Kingdom, the gallon,
imported from any other place, to be deemed foreign, and to be chaned with duty aa such.
the produce of any British possession in North America, orW the United Kingdom, and imported
from the United Kingdom, or from any British possession in America or the West Indies, the gallon, 0
imported from any other place, to be deemed foreign, «nd to be charged with duty as such .
imported mto Canada, Tidelicet:
the produce of any British possession in South America or the West Indies, and imported from the
United Kingdom, the gallon, 0
imported from any other place, to be deemed foreign, ahd to be charged with duty as such.
1 6
0 6
Duties payable upon Goods, Wares, and Merchandize, not being of the growth, production, or manufacture of the United
Kingdom, or of any of the British possessions in America, or the island of Mauritius, imported or brought into any of the
British possessions in America, or the island of Mauritius, by sea or by inland carriage or narigation.
£ s, d.
For cTery barrel of wheat flour, not weighing more than 196 lbs. nett weight, 0 5 0
For every hundred weight of biscuit or bread, 0 1 A
For every barrel of flour or meal, not weighing more than 196 lbs., not made from wheat, 0 2 6
For every bushel of wheat, 0 10
For every bushel of pease, beans, rye, calavances, oats, barley, or Indian com, 0 0 7
Rice, for every 100 lbs. nett weight, 0 2 6
For eveiy one thousand shingles, not more than twelve inches in length, 0 7 0
For every one thousand shingles, being more than twelve inches in length, 0 14 0
For every one thousand red oak staves, or headings, 0 16 0
For every one thousand white uak staves, or headings, 0 12 6
For every one thousand feet of white, yellow, or pitch pine lumber, of one inch thick, 110
For every one thousand feet of other kmds of wood and lumber, 16 0
For every one thousand wood hoops, 0 5 S
Horses, mules, asses, neat cattle, and all other live stock, for every J^lOO of the value, 10 0 0
Spirits, videlicet: brandy, seneva, or cordials, for every gallon, 0 10
and further, the amount oT any duty payable for the time b<4bg, on spirits, the manuihcture of the United Kingdom
Wine, imported in bottles, the tun,, containing two hundred and fifty-two gallons, ^
and fortner, for every XlOO of the true and real value thereof,
and for every dozen of foreisn quart bottles in which such wine may be imported,
not in bottles, for every £1W) of the true and real value thereof,
Cofiee, for every one hundred weight.
Cocoa, for every one hundred weight, 0 5
Sugar, for every one hundred veight, 0 o
Molasses, for every one hundred weight, 0 3
Rum, for every gallon, 0 0
and further, the amount of any duty payable for the time being on coffee, coeoa» augar, molasses, and rrmi res*
pectively, being the produce of any of the British possessions in South America or the West Indies.
Alabaster, anchovies, argol, anniseed, amber, almonds, brimstone, botargo, boxwood, currants, capers, caseaseo,
canCharideay cummin seed, coral, cork, cinnabar, dates, essences of bergamot, of lemon, of roses, of citron, of
orange, of lavender, of rosemary, emeiy stone, flax, fruit, viz: dry, preserved in sugar, wet, preserved in bnndy,
^S*> g;n>°> arabic, mastic, myrni, sicily, ammoniac, hemp, honey, iron in bars unwrought, and pig iron, jalan,
juniper berries, incense or frankincense, lava and malta stone for buuding, lentils, manna, nuirble, rough and workea* •
mosaic woriL, medals, musks, macaroni, nuts of all kinds, oil of olives, of almonds, opium, orris root, ostrich fea-
thers, ochres, orange buds and peel, olives, pitch, pickles, in jars and bottles, paintings, pozzolana^ pitch, pomicc
7 7
7 10
0 I
7 10
0 i
Digitized by VnUOVJ iC
BRITISH STATUTES.
ftione, poak, parmeMn cheeM, pieklM, printf, pe«rk; precioiu stoBM, (ezoept dwiwoadi,) qiiicktilfiBr, ninu,
rhubarb, eaasages, senna, scammonv, sarsapanlla, laffron, cafflower, sponges, tar, tow, torpentine, yennilioa,
Termiceli, whetstones : For evenr iCiOO of the tnie and real value thereof, 7
Clocks and watches, leather manuuctures, linen, musical instruments, wires of all sorts, books and papers; For
eTeiy iSlOO of the true and real value thereof, SO
Glass maaafactures, soi^), refined sugar, susar candy, tobacco manufactured: For every jCIOO of the true and real
-alue thereof, ^ 20
10 0
0 0
0 0
low. ashaf , firesh meat,
fjPMh fiak, and the hov-
•es, carriageaand aqni-
pages of traveUen, to
be free of duty. 8e«
table of new duties, 7tk
and 8tk Geo. IV, 1827.)
fuel and saw logs, brought into Upper Canada; herrings, taken and cured by the inhabitants of the isle of Man^
and imported direct from thence; any sort of craft, food, and victuals, except spirits, and any sort of clothing
and implements, or materials fit and necessary for the British fisheiies in America, imported into the place at or
fit>m whence such fishery is carried on in British ships; rice and indian com, and lumber, the produce of any
British possession on the west coast of Africa, and imported direct from thence, "^
hutyfru.
Goods, wares, or merchandize, not being enumerated or described, nor otherwise charged with duty by this act:
For every £100 of the true and real value thereof, , 15 0 0
And if any of the goods hereinbefore mentioned shall be imported through the United Kingdom, (having been warehoused
therein and exported from the warehouse, or the duties theaeon, if then paid, having been drawn back,) one tenth part of the
duties herein imposed shall be remitted in respect of such goods.
And if any of the goods hereinbefore mentioned shall be imported through the United Kingdom, (not from the warehouse,
but after all duties of importation for home use thereon shall have been jnid thereon in the said United Kingdom, and not
drawn hack,) ■uok goods shall be free of all duties herein imposed.
( Silk manufaetnrea, er-
eiy £100 valae, £80
dAty; cotton manulae-
tures, £20. See 7th A(
8th Geo. iy,aa above.)
Abatement of d«ty , and
remission of duty in
(8ee0thG«o.IV,e78^
passed 26tk Jnly,182B.)
nor to repeal duties
granted prior to that
actj
nor to repeat Slat Geo.
Ill, c 81.
Duties imposed by acta
{rior to act 18th Geo.
II, to be applied to
X. And be it further enacted. That nothing in this act, or in anj other act passed in the Not to repeal act I8th
present session of parliament, shall extend, to repeal or abrogate, or in any way to alter ^^^ '^^> ^ ^^>
or affect an act passed in the eighteenth year of the reign of his late Majesty, King
George the Third, entitled, ^^ An act for removing all doubts and apprehensions concern*
ing taxation by the parliament of Great Britain, in any of the colonies, provinces, and
plantations in North America and the West Indies, and for repealing so much of an act
made in the seventh year of the reign of his present Majesty, as imposes a duty on tea
imported from Great Britain into any colony or plantation in America, as relates thereto,"
nor to repeal or in any way alter or affect any act now in force, which was passed prior
to the last mentioned act, and by which any duties in any of the British possessions in
America were granted, and still continue payable to the crown ; nor to repeal, or in any
way alter or affect, an act passed in the thirty-first year olf the reign of his late Majesty,
King George the Third, entitled, ^' An act to repeal certain parts of an act passed in the
fourteenth year of his Majesty's reign, entitled, ^ An act for making more effectual provi-
sion for the government of the province of Quebec, in North America, and to make
further provision for the government of the said province.' "
XI. And be it further enacted, That the duties imposed by any of the acts hereinbefore
mentioned or referred to, passed prior to the said act of the eighteenth year of his late
Majesty ^s reign, shall be received, accounted for, and applied for the purposes of those purposes of those acu.
acts : Provided always, That no greater proportion of the duties imposed by this act, shall
be charged upon any article which is subject also to duty under any (of the said acts, or
subject also to duty under any) colonial law, than the amount, if any, by which the duty
charged by this act shall exceed such other duty or duties : Provided, nevertheless. That
the full amount of the duties mentioned in this act, whether on account of such former
acts, or on account of such colonial law, or on account of this act, shall be levied and
recovered and received under the regulations, and by the means and powers of this act.
XII. And be it further enacted. That all sums of money granted or imposed by this
act, either as duties, penalties, or forfeitures, in the British possessions in America, shall
be deemed and are hereby declared to be sterling money of Great Britain, and shall be
collected, recovered, and paid to the amount of the value which such nominal sums bear
in Great Britain ; and that such monies may be received and taken according to the pro-
portion and value of five shillings and six pence the ounce in silver ; and that all duties
shall be paid and received in every part of the British possessions in America, according
to British weights and measures in use at the time of passing of this act, and that in all
cases where such duties are imposed according to any specific quantity, or any specific
value, the same shall be deemed to apply in the same proportion to any greater or less
quantity or value ; and that all such duties shall be under the management of the cbmmis-
sioners of the customs.
XKI. And be it further enacted. That the jproduce of duties so received by themeans Duties paid bycoUee-
and powers of this act, except such duties^ as are payable to his Majesty under any act .^'J^/ *S**^oi^y*^
passed prior to the eighteenth year of his late Majesty as aforesaid, shall be paid by the which levied,
collector of the customs, intp the hands of the treasurer or receiver general of the colony,
or other proper officer authorized to receive the same, in the colony in which the same
shall be levied, to be applied to such uses as shall be directed by the local legislatures of
such colonies respectively ; and that the produce of such duties, so received as aforesaid,
in the colonies which have no local legislature, shall and may be applied in such manner
as shall be directed by the commissioners of his Majesty's treasury.
XIV. And be it further enacted. That there shall be allowed, upon the exportation from Drawback on nim,&c.
Newfoundland to Canada, of rum or* other spirits, being the produce of the British pos- l^^^J}^F^*^^^*
sessions in South America or the West Indies, a drawback of the full duties of customs fom!diand to"'canadai
which shall have been paid upon the importation thereof from any of the said places into ^^'
Currency; weights and
measures.
%
Pigi^ized by
t
Google
LimkaftumM to dfaw-
Ship ind eaifo to b«
reported on uriraL
Paiticnkri iif reqport.
Peaalty for bihe report.
E^tiy outwards of ehip
for (
PerUeiikn of entry.
Pendty, £JGO.
Content of the cai|(o
to be deliTcred before
depertore.
Cneerenee of ebip for
thoToyage.
Penalty for not clear-
ing, iioo.
Newfonndland fisl
certificates in lieu
eleannce, daring the
fishing season.
BRITISH STATUTES*
NewfottndUmd, provided proof on oath be made to the 8ati«i«etion of the eoUeelor and
controller of the customs at the port from whence such rum or other spirita shall be so
exported, that the full doties on the importation of such rum or other spirits at the said
port had been paid ; and that a certificate be produced under the hands and seals of the
collector and controller of the customs at Quebec, that such rum or other spirits had been
duly landed in Canada : Provided always, That no drawback shall be allowed upon any
such rum or other spirits unless the same shall be shipped within one year from the day
of the importation of the same, nor unless such drawback shall be duly claimed within
one year from the day of such shipment.
XV. And be it further enacted, That the master of every ship arriving in any of the
British possessions in America, or the island of Mauritius, or the islands of Guernsey,
Jersey, Aldemey, or Sark, whether laden or in ballast, shall come directly, and before
bulk be broken, to the custom house for the port or district where he arrives, and there
make a report upon oath, in writing, to the collector or controller, or other proper ofilcer,
of the arrival and voyage of such ship, stating her name, country, and tonnage, and if
British, the port of registry, the name and country of the master, the country of the
owners, the number of the crew, and how many are of the country of such ship, and
whether she be laden or in ballast, and if laden, the marks, numbers, and ccMitents of
every package and parcel of goods on board, and where the same was laden, and where
and to whom consigned, and where any and what goods, if any, had been unladen during
the voyage, as far as any of such particulars can be known to him ; and the master shall
further answer upon oath all such questions concerning the ship, and the cargo and the
crew and the voyage, as shall be demanded of him by such officer ; and if any goods be
unladen from any ship before such report be made, or if the master fail to make such
report, or make an untrue report, or do not truly answer the questions demanded of him,
he shall forfeit the sum of one hundred pounds ; and if any goods be not reported, such
goods shall be forfeited.
XVI. And be it further enacted. That the master of every ship bound from any British
possession in America, or the island of Mauritius, or the islands of Guernsey, Jersey,
Aldemey, or Sark, shall, before any goods be laden therein, deliver to the collector or
controller, or other proper officer, an entry outwards, under his hand, of the destination
of such ship, stating her name, country, and tonnage, and if British, the port of registry,
the name and country of the master, the country of the owners, the number of the crew,
and how many are of the country of such ship ; and if any goods be laden on board any
ship before such entry be made, the master of such ship shall forfeit the sum of fifty
pounds ; and before such ship depart, the master shall bring and deliver to the collector
or controller, or other proper officer, a content in writing, under his hand, of the goods
laden, and the names of the respective shippers and consignees of the goods, with the
marks and numbers of the packages or parcels of the same, and shall mal^e oath to the
truth of such content, as far as any of such particulars can be known to him ; and the ^
master of every ship bound from any British possession in America, or from the island of
Mauritius, or fronii the islands of Guernsey, Jersey, Aldemey, or Sark, (whether in ballast
or laden,) shall, before departure, come before the collector or controller, or other proper
officer, and answer upon oath all such questions concerning the ship and the cargo, if any,
and the crew and the voyage, as shall be demanded of nim by such officer ; and there-
upon, the collector and controller, or other proper officer, if such ship be laden, shall make
out and give to the master a certificate of the clearance of such ship for her intended
voyage, containing an account of 'the total quantities of the several sorts of goods laden
therein, or a certificate of her clearance in ballast, as the case may be ; and if the ship
shall depart without such clearance, or if the master shall deliver a false content or shaU
not truly answer the questions demanded of him, he shall forfeit the sum of one hundred
pounds.
XVII. Provided always, and be it further enacted. That whenever any ship shall be
cleared out from any port in Newfoundland, or in any other part of his Majesty's domi-
nions, for the fisheries on the banks or coasts of Newfoundland or Labrador, or the
dependencies thereof, without having on board any article of traffic, (except only such
provisions, nets, tackle, and other things, as are usually employed in and about the said
fishery, and for the conducting and carrying on of the same,) the master of any sueh ship
shall be entitled to demand, from the collector, or other principal officer of the customs
at such port, a certificate, under his hand, that such ship hath been specnUy deared out
for the Newfoundland fishery, and such certificate shall be in force for the fishing season
of the year in which the same may be granted, and no longer ; and upon the first arrival
in any port in the said colony of Newfoundland, or its dependencies, of any ship having
on board any such certificate as aforesaid, a report tifereof shall be made by the master of
such ship to the principal officer of the customs at such port ; and all ships having such
certificate, which has been so reported,, and being actually engag^ in .the saad fishery, or
/
lgitizedby\JiJ-U
BRITISH STATUTES.
629
in carrying coastwise, to be landed or put on board any other ships engaged in the said
fishery, any fish, oil, salt, provisions, or other necessaries, for the use and purposes
thereof, shall be exempt from all obligation to make any entry at, or obtain any clearance
from, any custom house at Newfoundland, upon arrival at, or departure from, any of the
ports or harbors of the said colony^ or its dependencies, during the continuance of the
fishing season for which such certificate may have been granted; and previously to
obtaining a clearance at the end of such season for any other voyage at any of such ports,
the master of such ship shall deliver up the before mentioned certificate to the principal
officer of the customs of such port : Provided always. That in case any such ship shall
have on board, during the time the same may be engaged in the said fishery, any goods or
merchandize whatsoever, other than fish, seals, oil made of fish or seals, salt, provisions,
and other things, being the produce of or usually employed in the said fishery, such ship
shall forfeit the said fishing certificate, and shall thenceforth become and be subject and
liable to all such and the same rules, restrictions, and regulations, as ships in general are
subject or liable to.
XYIII. And be it further enacted, That no goods shall be laden, or water-borne to be
laden, on board any ship, or unladen from any ship in any of the British possessions in
America, or the island of Mauritius, or the islands of Guernsey, Jersey, Alderney, or
Sark, until due entry shall have been made of such goods, and warrant granted for the
lading or unlading of the same ; and that no goods shall be so laden or water-borne, or
so umaden, except at some place at which an officer of the customs is appointed to attend
the lading and unlading of goods, or at some place for which a sufferance shall be granted
by the collector and controller for the lading and unlading of such goods ; and that na
goods shall be so laden or unladen except in the presence or with the permission in writing
of the proper officer : Provided always. That it shall be lawful for the commissioners of
his Majesty's customs to make and appoint such other regulations for the carrying coast-
wise of any goods, or for the removing of any goods for shipment, as to them shall appear
expedient ; and that all goods laden, water-borne, or unladen, contrary to the regulations
of this act, or contrary to any regulations, so made and appointed, shall be forfeited.
XIX. And be it further enacted. That the person entering any such goods shall deliver
to the collector or controller, or other proper officer, a bill of the entry thereof, fairly
written in words at length, containing the name of the exporter or importer, and of the
ship, and of the master, and of the place to ot fron\ which bound, and of the place within
the port where the goods are to be laden or unladen, and the particulars of the quality
and quantity of the goods, and the packages containing the same, and the marks and
numbers on the packages, and such person shall at the same time pay down all duties due
upon the goods, and the collector and controller, or other proper officer, shall thereupon
grant their warrant for the lading or unlading of such goods.
XX. And be it further enacted, That if the importer of any goods shall declare upon oath
before the collector or controller, or other proper officer, that he cannot, for want of fiill
information, make perfect entry thereof, it shall be lawful for the collector and controller
to receive an entry by bill of sight, for the packages or parcels of such goods, by the best
description which can be given, and to grant a warrant thereupon, in order that the same
may be landed and secured to the satisfaction of the officer of the customs, and at the
expense of the importer, and may be seen and examined by such importer, in the presence
of the proper officers ; and within three days after the goods shall have been so landed,
the importer shall make a perfect entry thereof, and pay down all duties due thereon ; and
in default of such entry, such goods shall be taken to the King's warehouse, and if the
importer shall not, within one month after such landing, make perfect entry of such goods,
and pay the duties due thereon, together with charges of removal and warehouse rent,
such goods shall be sold for the payment thereof, and the overplus, if any, shall be paid
to the proprietor of the goods.
XXI- And be it further enacted. That in all cases where the duties imposed by this
act upon the importation of articles into hib Majesty's possessions in America, or the
island of Mauritius, are charged, not according to the weight, tale, gauge, or measure, but
according to the value thereof, such value shall be ascertained by the declaration of the
importer of such articles, or bis known agent, in manner and form following; (that is
to say :)
"I, A. B., do hereby declare, that the articles mentioned in the entry and contained in
the packages [here specifying the several packages, and describing the several marks and
numbers, as the case may be] are of the value of
of
" The above declaration, signed the day of
[or other principal officer.]"
79
At Uie end of the »ea-
«oB, the certificate to
be deliTered up.
Shipa tndiDg to forfeit
their certificate.
Eotry of goodc to be
laden or nnladen.
Ilenilations inwarda
and oatwardt.
RegiUaUont eoaatwite.
Forfeiture.
Particulars of entry of
H^odfl inwarda and
otttwarda.
Entry inwards by bill
of sight.
Within three days af-
ter landing of goods,
entry to he made and
duties paid.
Croods subject to ad ^
lorem duty.
Value to be
on entry.
Witness my hand, the day
A. B.
in the presence of C. D. collector,
pjgitized by vnOOQ IC
.<<
680
BRITISH STATUT6S.
Blodc of procaediag, if
goods be uaderralaed.
Pioof of iayoico price.
If necesMuy, two per-
f OM nay be nominated
to fix the price.
If
importer refute to
. J each datr
good* may be sol
If goods be not entered
in twenty days, the of-
ficer may land and se-
cnrethem.
If dnties be not paid
within three months,
goodstobesold.
Goods imported from
United Kingdom or
British possessions,
most appear in cocket,
Ice.
I^try not to be Talid,
if goods be not properly
described in it
Certificate of prodne-
tion for sagar, coffee,
cocoa nnts, spirits, or
mahogany.
.Oath of the grower.
Which declaration shall be written on the bill of entry of such articles, and shall be sub*
scribed with the hand of the importer thereof, or his known agent, in the presence of the
collector or other principal officer of the customs at the port of importation ; provided,
that if upon view and examination of such articles bj the proper officer of the customs,
it shall appear to him that the said articles are not valued according to the true price or
value thereof, and according to the true intent and meaning of this act, then, and in such
case, the importer, or his known agent, shall be required to declare on oath before the
collector or controller what is the invoice price of such articles, and that he verilj believes
such invoice price is the current value of the articles at the place from whence the said
articles were imported ; and such invoice price, with the addition of ten pounds per
centum thereon, shall be deemed to be the value of the articles, in lieu of the value so
declared by the importer, or his known agent, and upon which the duties imposed by this
act shall be charged and paid : Provided also, That if M shall appear to the collector and
controller, or other proper officer, that such articles have been invoiced below the real
and true value thereof, at the place from whence the same wej-e imported, or if the
invoice price is not known, the articles shall in such case be examined by two competent
persons, to be nominated and appointed by the governor or commander in chief of the
colony, plantation, or island, into which the said articles are imported, and such person
shall declare on oath before the collector or controller, or other proper officer, what is the
true and real value of such articles in such colony, plantation, or island, and the value so
declared on the oaths of such persons shall be deemed to be the true and real valne of
such articles, and upon which the duties imposed by this act shall be charged and paid.
XXII. And be it further enacted, That if the importer of such articles shall refuse to
pay the duties hereby imposed thereon, it shall and may be lawful for the collector, or
other chief officer of the customs, where such articles shall be imported, and he is hereby
respectively required, to take and secure the same, with the casks or other package
thereof, and to cause the same to be publicly sold within the space of twenty days, at the
most, after such refusal made, and at such time and place as such officer shall, by four or
more days' public notice, appoint for that purpose, which articles shall be sold to the best
bidder ; and the money arising from the sale thereof shall be applied in the first place in
payment of the said duties, together with the charges that shall have been occasioned by
the said sale, and the overplus, if any, shall be paid to such importer or proprietor, or any
other person authorized to receive thp same.
XXIII. And be it further enacted. That every importer of any goods shall, within
twenty days after the arrival of the importing ship, make due entry inwards of such goods
and land the same ; and in default of such entry and landing, it shall be lawful for the
officers of the customs to convey such goods to the King's warehouse ; and if the duties
due upon such goods be not paid within three months after such twenty days shall have
expired, together with all charges of removal and warehouse rent, the same shall be sold,
and the produce thereof shall be applied, first to the payment of freight and charges, next
of duties, and the overplus, if any, shall be paid to the proprietor of the goods.
XXIV. And be it further enacted^ That no goods shall be imported into any British
possession as being imported from the United Kingdom, or from any other British posses*
sion, (if any advantage attach to such distinction,) unless such goods appear upon the
cockets, or other proper documents, for the same to have been duly cleared outwards at
the port of exportation in the United Kingdom, or in such other British possession, nor
unless the ground upon which such advantage be claimed be stated in such cocket or
document.
XXV. And be it further enacted, That no entry, nor any warrant for the landing of any
goods, or for the taking of any goods out of any warehouse, shall be deemed valid, unless
the particulars of the goods and packages in such entry shall correspond with the particu-
lars of the goods and packages purporting to be the same in the report of the ship, or in
the certificate or other document, where any is required, by which the importation or
entry of such goods is authorized, nor unless the goods shall have been properly descri-
bed, in such entry, by the denominations, and with the characters and circumstances,
according to which such goods are charged with duty, or may be imported ; and any goods
taken or delivered out of any ship or out of any warehouse by virtue of any entry or
warrant not corresponding or agreeing in all such respects, or not properly describing the
same, shall be deemed to be goods landed or taken without due entry -thereof, and shall
be forfeited.
XXVI. And be it further enacted, That before any sugar, coffee, cocoa nuts, spirits,
or mahogany, shall be shipped for exportation in any British possession in America, or the
island of Mauritius, as being the produce of such possession, or of such island, the pro-
prietor of the estate on which such goods were produced, or his known agent, shall make
and sign an affidavit, in writing, before the collector or controller at the port of exportation,
or before one of his Majesty's justices of the peace, or other officer duly authorized to
Digitized by VntJUy It:
BRITISH STATUTES.
eat
aiiminister sueh oath, residing in or near the jdace where such estate is situated, deelariBg
that such goods are the produce of such estate ; and such affidavit shall set forth the
name of the estate, and the description and quantity of the goods, and the packages con*
taining the same, with the marks and numbers thereon, and the name of the person to
whose charge at the place of shipment they are to be sent ; and if any justice of the
peace, or other officer aforesaid, shall subscribe his name to any writing, purporting to be *
such affidavit, unless the person purporting to make such affidavit shall actually appear
before him, and be sworn to the truth of the same, such justice of the peace, or officer
aforesaid, shall forfeit and pay for any such offence the sum of fifty pounds ; and the
person entering and shipping such goods shall deliver such affidavit to the collector or
eontroUer, or other proper officer, and shall make oath before him that the goods which
are to be shipped by virtue of such entry are the same as are mentioned in such affidavit ;
and the master of the ship in which such goods shall be laden shall, before clearance,
make oath before the collector or controller, that the goods shipped by virtue of such
entry are the same as are mentioned and intended in such affidavit, to the best of his
knowledge and belief; and thereupon the collector and controller, or other proper officer,
shall sign and give to the master a certificate of production, stating that proof has been
made, in manner required by law, that such goods, (describing the same,) are the produce
of such British possession, or of such island, and setting forth in such certificate the name
of the exporter, and of the exporting ship, and of the master thereof, and the destination
of the goods ; and if any sugar, coffee, cocoa nuts, or spirits, be imported into any British
possession in America, or into the island of Mauritius, as being the produce of some other
such possession, or of such island, without such certificate of production, the same shall
be forfeited ; and if any mahogany be so imported, the same shall be deemed to be of
foreign production.
XXVK. And be it further enacted. That before any sugar, coffee, cocoa nuts, spirits,
or mahogany, shall be shipped for exportation in any British possession in America, as
being the produce of some other such possession, or of the island of Mauritius, or shall
be so shipped in the said island as being the produce of some British possession in Ame-
rica, the person exporting the same shall in the entry outwards state the place of the
production, and refer to the entry inwards and landing of such goods, and shall make oath
before the collector or controller to the identity of the same ; and thereupon, if such goods
shall have been duly imported with a certificate of production, within twelve months prior
to the shipping for exportation, the collector and controller shall sign and give to the
master a certificate of production, founded upon and referring to the certificate of produc-
tion under which such goods had been so imported, and containing the like particulars,
together with the date of such importation.
XXVIII. And whereas it is expedient to make regulation respecting the inland trade
of the British possessions in America ; be it therefore enacted. That it shall be lawful to
bring or import by land, or by inland navigation, into any of the British possessions in
America, from any adjoining foreign country, any goods which might be lawfully imported
by sea into such possession from such country, and so to bring or import such goods in
the vessels, boats, or carriages of such country, as well as in British vessels, boats, or
carriages. *
XXIX. And be it further enacted, That no vessel or boat shall be admitted to be a
British vessel or boat on any of the inland waters or lakes in America, except such as
shall have been built at some place within the British dominions, and shall be wholly
owned by British subjects, and shall not have been repaired at any foreign place to a
greater extent than in the proportion of ten shillings for every ton of such vessel or boat,
at any one time : Provided always. That nothing hereinbefore contained shall extend to
prevent the employment of any vessel or boat as a British vessel or boat, on such inland
waters or lakes, which shall have wholly belonged to British subjects before the passing
of this act, and which shall not be repaired as aforesaid in any foreign place after the
passing of this act.
XXX. Provided always, and be it further enacted, That it shall be lawful so to bring
or import any goods, except into some port or place of entry at which a custom house now
is or hereafter may be lawfully established : Provided also. That it shall be lawful for the
governor, lieutenant governor, or person administering the government of any of the said
possessions respectively, by and with the advice and consent of the executive council
thereof, for the time being, if any executive council be there established, irom time to
time to diminish or increase, by proclamation, the number of ports or places of entry,
which are or hereafter may be appointed in such province, for the entry of goods brought
or imported as aforesaid.
XXXI. And be it further enacted, Tliat the duties imposed by this act shall be ascer-
tained, levied, and recovered, for and upon all goods so brought or imported, in the same
manner, and by the same means, and under the same rules, regulations, restrictions,
Digiti
Oath of ezpoHMr.
Oftth of Uic mMUr.
C«rtifteate of prodtw-
tion on re-ezportatiMi
from another colony.
Goods bron^ht orer
land, or by lalaad na*
Tigation^
What resself thall be
deemed Britiah on the
lakes in America.
Gooda mnst be brooght
to a pfaMe where there
is a cnatom hooae.
CJoreraor may appoint
cnstom honiea.
Dvtiea t» be eoUeeted
m eame manner aa on
gooda impoited by sen. ^
izedbyVjUUglC
BRITISH STATUTES.
DntiM ia
American boata. m ib
on Britiih
PoHt iMnia m«Bti<Hi«d
to be free murehoaclBg
porU.
(Kinntofi, in Upper
Cenadft, and Montreal,
in Lower Canada, de*
clared to bewarchoo-
aiag ports, by Tth and
8th Geo. IV, patged2d
Jnlj, 1827, entitled,
** An net to amend the
laws relating to tbe
Goode ma^ be ware*
boated without pay-
ment of dnty.
Stowage of goods fa
warehouse. Xooking
and opening ^farehouse
Carrying goods to and
from wuiraonse.
Bond UDOB ^ntry of
goods to M w«reI|OB^ed
Parebaser of goods
may gire bond In Ilea
of original bond.
Goods not duly ware-
housed, &e. to be fbi^
felted.
peinidties, and forfeitures, as the duties on the like goods imporieA by sea maj and
ascertained, levied, or recovered, as for as the same are applicable; and if any goei
be brooeht or imp(H*ted contrary hereto, or if any goods, so brought or imported, shall be
removed from the station or place appointed for the examuiation of such goods, by the
officers of the customs, before all duties payable thereon shall have been paid or selisfad,
such goods shall be forfeited, together with the vessel, boat, or carriage, and the licnes
or other cattle, in or by which such goods shall have been so imported or hraof^bsltj or so
removed.
XXXII. And be it further enacted. That the same tonni^ duties shall be paid upam
all vessels or boats of the United States of America, importing any goods into either of
the provinces of Upper or Lower Canada, as are or may be, for the time being, payiMe
in the United States of America, on British vessels or boats entering the harixHV €»f the
state from whence such goods shall have been imported.
XXXIII. And whereas it is expedient to continue and appoint smne of the free ports in Ame>
rica to be free warehousing ports for all goods which may be legally imp(»ted into the said
ports respectively ; and it is also expedient to empower his Majesty to constitute and appoint
from time to time any other ports in any of the said British possessions in America to be
in like manner free warehousing ports for such goods as may be legally impofted inlo audi
ports respectively ; and it is therefore necessary to make regulations for the MppaintiDg of
proper warehouses at such ports, and for the lodging and securing of goods therein; be it
therefore enacted. That the several ports hereinafter mentioned, (that is to say,) lUn^ion,
in the islamd of Jamaica, Halifax, in Nova Scotia, Quebec, in Canada, Saint Jolin^s, is
New Brunswick, and Bridgetown, in the island of Barbadoes, shall be free warefaoosiw
ports for the purposes of this act ; and that it shall be lawful for the several colleelors and
controllers of the said ports respectively, by notice in writing under their hafid, to ap*
point from time to time such warehouses at such ports respectively, as shall be approved
of by them, for the free warehousing and securing of goods therein for the purposes sf
this act, and also in such notice to declare what sorts of goods may be so warehoosed,
and also, by like notice, to revoke or alter any such appointment or declaration : Provided
always. That every such notice shall be transmitted to the governor of the plaee, aad
shall be published in such manner as he shall direct.
XXXIV. And be it further enacted, That it shall be lawful for the importer of any audi
goods into the said ports, to warehouse the same in the warehouses so appointed, without
payment of any duty on the first entry thereof, subject, nevertheless, to tfie rides, regula-
tions, restrictions, and conditions, hereinafter contained.
XXXV. And be it further enacted, That all goods so warehoused shall be stowed in sodi
parts or divisions of the warehouse, and in such manner as the collector and eontroUer
shall direct ; and that the warehouse shall be locked and secured in such manner, and
shall be opened and visited only at such time, and in the presence of such officers, and
under such rules and regulations, as the collector and controller shall direct ; and that aO
such goods shall, after being landed upon importation, be carried to the warehouse, or
shall, after being taken out of the warehouse for exportation, be carried to be shipped,
under such rules and regulations as the collector and controller shall direct. *
XXXYl. And be it further enacted. That upon the entry of any goods to be warehoused,
the importer of such goods, instead of paying down the duties due thereon, Asdl give
bond, with two sufficient sureties, to be approved of by the collector or cootn^ler, in
treble the duties payable on such goods, with condition for the safe depositiog of such
goods in the warehouse mentioned in such entry, and for the payment of all duties doe
upon such goods, or for the exportation thereof, according to the first account taken of
such goods, upon the landing of the same ; and with further condition, that no part thereof
shall be taken out of such warehouse until cleared from thence, upon due entry and pay- ,
ment of duty, or upon due entry for exportation ; and with further condition, that the
whole of such goods shall be so cleared from such warehouse, and the duties upon any
deficiency of the quantity, according to such first account, shall be paid within two years
from the date of the first entry thereof; and if after such bond shall have been given, the
goods or any part thereof shall be sold or disposed of, so that the original bonder shall be
no longer interested in or have control over the same, it shall be lawful for the collector
and controller to admit fresh security to be given, by the bond of the new proprietor, or
other person having control over such goods, with his sufficient sureties, and to cancel the
bond given by the original bonder of such goods, or to exonerate him to the extent of the
fresh security so given.
XXXVII. And be it further enacted. That if any goods which have been entered to be
warehoused shall not be duly carried and deposited in the warehouse, or shall aiterwards
be taken out of the warehouse without due entry and clearance, or having been entered
and cleared for exportation from the warehouse, shall not be duly carried and shipped, or
Digitized by
Google
BRITISH STATUTES.
tnU
No goods to bo
out without eatiy.
Defleieoeies to be M-
cortainod.
Dntiet to bo ^M ipo»
defioioBcios.
Somplof Duiy bo takoa.
Goods may bo aofted
aodrepackod.
Duty duo OB lint quaa-
tity. .
•hall afterwards be relanded, except with penniaaion of the proper officer of the euatona^
auch gooib ahall be forfeited.
XXXV III. And be it further enacted, That upon the entry and landing of any goods to be
warehouaed, the proper officer of the cuatoma shall take a particular account of the um^j
and shall mark the contents on each package, and shall enter the same in a book to be
kept for that purpose ; and no goods which have been so warehoused shall be taken or de-
livered from the warehouse, except upon due entry, and under care of the proper offioem
for exportation, or upon due entry and payment of duty for home use ; and whenever the
whole of the goods warehoused under any entry shall be cleared from the warehouse, or
whenerer further time shall be granted for any such goods to remain wareboneed, an
account shall be made out of the quantity upon which the duties have been paid, and of
the quantity exported, and of the quantity (to be then ascertained) of the gooda atiU
remaining in the warehouse, as the case may be, deduc^g from the whole tiie quantity
contained in any whole packages (if any) which may have been sbandoned for the duties,
and if upon such account there shall in either case appear to be any deficiency of the
ordinal quantity, the duty payable upon the amount of such deficiency shall then be paid.
XXXI A. And be it further enacted, That it shall be lawful for the collector and centroUer,
onder auch regulations as they shall see fit, to permit moderate samples to be taken of any
gooda so warehoused, without entry and without payment of duty, except as the same
ahall eventually become payable, as on a deficiency of the original quantity.
XL. And be it further enacted. That it shall be lawful for the collector and controller,
under such regulations as they shall see fit, to permit the proprietor, or other person
having control over any goods so warehoused, to sort, separate, and pack, and repack any
such goods, and to make such lawful alterations therein, or arrangements and assortments
thereof, as may be necessary for the preservation of such goods, or in order to the sale,
shipment, or legal disposal of the same ; and also to permit any parts of such gooda so
separated to be destroyed, but without prejudice to the claim for duty upon the whole
original quantity of such goods : Provided always. That it shall be lawful for any person vvhoio paekam mf
to abandon any whole packages to the officers of the customs for the duties, without being boabaadonoinbr duty,
liable to any duty upon the same.
XLI. And be it further enacted. That all goods which have been so warehoused, shall
be duly cleared, either for exportation or for home consumption, within two years from
the day of the first entry thereof; and if any such goods be not so cleared, it shall be
lawful for the collector and controller to cause the same to be sold, and the pn>duce shall
be applied, first to the payment of the duties, next of warehouse rent and other charts,
and the overplus (if any) shall be paid to the proprietor: Provided always. That it shall
be lawful for the collector and controller to grant further time for any such goods to
remain warehoused, if they shall see fit so to do.
XLII. And be it further enacted, That upon the entry outwards of any goods to be
exported from the warehouse, the person entering the same shall dve security by bond,
in treble the duties of the importation on the quantity of such goods, with two sufficient
sureties, to be approved by the collector or controller, that the same shall be landed at the
place for which they be entered outwards, or be otherwise accounted for to the satisfac-
tion of the collector and controller.
XLIII. And be it further enacted, That it shall be lawful for his Majesty, in council, from
time to time to appoint any port in his Majesty's possessions in America to be a free
warehousing port, for the purposes of this act, and every such port so appointed by his
Majesty shall be a free warehousing port under this act, as if appointed by the same, in
as full and ample a manner in all respects as any of the ports hereinbefore mentioned are
free warehousing ports appointed by this act.
XLIV. And whereas it is expedient that all duties and regulations, relating to importa-
tion and exportation into and from his Majesty's islands in the West Indies, should be ^^ regukuoni a«
extended to the island of Mauritius ; be it therefore enacted, That all goods, wares, and Wott ladSi good*,
merchandize, the growth, produce, or manufacture of the island of Mauritius, and all
goods, wares, and merchandize, which shall have been imported into the said island of
Mauritius, and which shall be imported into any part of the united kingdom of Great
Britain and Ireland, or into any possessions of his Majesty, his heirs or successors, shall
be liable, upon such importation into the United Kingdom, or into any such possessions
respectively, to the payment of the same duties, and shall be subject to the same regula-
tions %s the like goods, wares, and merchandize, being of the growth, produce, or
manufacture of his Majesty's islands in the West Indies, and imported into the Said United
Kingdom, or into any such possessions respectively, would on such importation be liable
to the payment of or would be subject unto ; and that upon the exportation of any goods,
wares, or merchandize, from the United Kingdom to the island of Mauritius, such goods,
wares, or merchandize, shall be liable to the same duties, and shall be entitled to the like
drawbacks respectively, as would or ought by law to be charged or allowed upon the like
' Digitized by
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Futibor
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WlMtMiMntthaUbo
doanod Doteh propri-
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Holdcn of mortgagM.
No thip to inil from
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CokMiial lawt ropng-
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Offiean may board
thipa boreringon the
coast.
BRITISH STATUTES.
goods exported from the United Kingdom to anj of his Mkjedij^s idaftds in tli6 Weal
Indies ; and that all goods, wares, and merchandize, which shall be imported into oi
exported from the said island of Mauritius, from or to any place whatever,- other than the
united kingdom of Great Britain and Ireland, shall, upon such importation or exportation
respectively, be liable to the payment of the same duties, and shall be subject to the same
regulations, so facas any such regulations can or may be applied, as the like goods, wares^
and merchandize, would be liable to the payment of, or would be subject to, upon importa-
tion or exportation into or from any of his Majesty's islands in the West Indies ; and that
all ships and vessels whatever, which .shall arrive at or depart from the said island of
Mauritius, shall be liable to the payment of the same duties, and shall be subject to the
same regulations, as such ships or vessels would be liable to the payment of, or would be
subject to, if arriving at or departing from any of his Majesty's islands in the West Indies.
XLV. And be it further enacted. That it shall be lawful for any of the subjects of the
King of the Netherlands, being Dutch proprietors, in the colonies of Demerara and Ease-
qui^, and of Berbice, to import in Dutch ships, from the Netherlands, itUo the said
colonies, all the usual articles of supply for their estates therein ; and also wine imported
for the purposes of medicine only, and which shall be liable to a duty of ten shillings per
ton, and no more ; and in case seizure be made of any articles, so imported, upon the
ground that they are not such supplies, or are for the purpose of trade, the proof to the
contrary shall lie on the Dutch proprietor importing the same, and not on the seizing
officer : Provided always. That if sufficient security by bond be given in court to abide
the decision of the commissioners of customs upon such seizure, the goods so seized shall
be admitted to entry and released.
XL VI. And be it further enacted, That it shall not be lawful for such Dutch proprie-
tors to export the produce of their estates to the United Kingdom, or to any of his
Majesty's sugar colonies in America.
XLYII. And be it further enacted, That all subjects of his Majesty, the King of the
Netherlands, resident in his said Majesty's European dominions, who were at the date of
the signature of the convention between his late Majesty, King George the Third, and the
King of the Netherlands, dated the twelfth of August, one thousand eight hundred and
fifteen, proprietors of estates in the said colonies, and all subjects of his said Majesty who
may hereafter become possessed of estates then belonging to Dutch proprietors therein,
and all such proprietors as being then resident in the said colonies and being natives of
his Majesty's dominions in the Netherlands, may have declared, within three months after
the publication of the aforesaid convention in the said colonies, that they wish to continue
to be considered as such, and all subjects of his said Majesty, the King of the Nether-
lands, who may be holders of mortgages of estates in the said colonies, made prior to the
date of the convention, and who may under their mortgage deeds have the right of
exporting from the said colonies to the Netherlands the produce of such estates, shall be
deemed Dutch proprietors under the provisions of this act ; provided that where both
Dutch and British subjects have mortgages upon the same property in the said colonies,
the produce to be consigned to the di&rent mortgages shall be in proportion to the debts
respectively due to them.
XLYIIl. And be it further enacted. That no British merchant ship or vessel shall sail
from any place in the island of Jamaica to any place in the island of Saint Domingo, nor
from any place in the island of Saint Domingo to any place in the island of Jamaica,
under the penalty of the forfeiture of such ship or vessel, together with her cargo; and
that no foreign ship or vessel which shall have come from, or shall in the course of her
voyage have touched at any such place in the island of Saint Domingo, shall come into any
port or harbor in the island of Jamaica; and if any such ship or vessel, having come into
any such port or harbor, shall continue there for forty-eight hours after notice shall have
been given by the officer of the customs to depart therefrom, such ship or vessel shall be
forfeited ; and if any person shall be landed in the island of Jamaica from on board any
ship or vessel which shall have come from or touched at the island of Saint Domingo,
except in case of urgent necessity, or unless license shall have been given by the gover*
nor of Jamaica to land such person, such ship shall be forfeited, together with her carf^
XLIX. And be it further enacted, That all laws, by-laws, usages, or customs, at this
time, or which hereafter shall be in practice, or endeavored or pretended to be in force
or practice, in any of the British possessions in America, which are in any wise repug-
nant to this act, or to any act of parliament made or hereafter to be made in the 4Jnited
Kingdom, so far as such act shall relate to and mention the said possessions, are) and shall
be, null and void to all intents and purposes whatsoever.
L. And be it further enacted. That it shall be lawful for the officers of customs to go on
board any ship in any '(>ort in any British possession in America, and to rummage and search
all parts of such ship for prohibited and uncustomed goods, and also to go on board any
ship hovering within one league of any of the coasts thereof, and in either case freely to
Digitized by VrjiJOV LC
BKITISH STATUTES.
086
staj on board such ship so long as she shall remain in such port^ or within such dista&ee ;
and if any such ship be bound elsewhere, and shall continue so hovering for the space of
twenty-four hours after the master shall have been required to depart, it shall be lawful
for the officer of the customs to bring such ship into port, and to search and examine her
cargo, and to examine the master upon oath touching the cargo and voyage, and if there
be any goods on board prohibited to be imported into such possession, such ship and her
cargo shall be forfeited ; and if the master shall not truly answer the questions which shall
be demanded of him in such examination, he shall forfeit the sum of one hundred pounds.
LI. And be it fuither enacted, That all vessels, boats, and carriages, and all cattle made
use of in the removal of any goods liable to forfeiture under this act, shall be forfeited, and
every person who shall assist or be otherwise concerned in the unshipping, landing, or
removal, or in the harboring of such goods, or into whose hands or possession the same
shall knowingly come, shall forfeit the treble value thereof, or the penalty of one hundred
pounds, at the election of the officers of the customs ; and the averment in any information
or libel to be exhibited for the recovery of such penalty, that the officer proceeding has
elected to sue for the sum mentioned in the information, shall be deemed sufficient proof
of such election, without any other or further evidence of such fact.
LII. And be it further enacted. That all goods, and all ships, vessels, and boats, and
all carriages, and all cattle liable to forfeiture under this act, shall and may be seized and
secured by any officer of the customs or navy, or by any person employed for that pur-
pose, by or with the concurrence of the commissioners of his Majesty's customs; and
every person who shall in any way hinder, oppose, molest, or obstruct any officer of the
customs or navy, or any person so employed as aforesaid, in the exercise of his office, or
any person acting in his aid or assistance, shall for every such offence forfeit the sum of
two hundred pounds.
LIIl. And be it further enacted. That under authority of a writ of assistance granted
1>y the superior or supreme court of justice, or court of vice admiralty, having jurisdiction
in the place, (who are hereby authorized and required to grant such writ of assistance,
upon application made to them for that purpose by the principal officers of his Majesty's
customs,) it shall be lawful for any officer of the customs, taking with him a peace officer,
to enter any building or other place in the day time, and to search for and seize and secure
any goods liable to forfeiture under this act ; and in case of necessity, to break open any
doors and any chests or other packages for that purpose ; and such writ of assistance,
when issued, shall be deemed to be in force during the whole of the reign in which the
same shall have been granted, and for twelve months from the conclusion of such reign.
LIV. And be it further enacted. That if any person shall by force or violence assault,
resist, oppose, molest, hinder, or obstruct any officer of the customs or navy, or other
person employed as aforesaid, in the exercise of his office, or any person acting in his aid
or assistance, such person, being thereof convicted, shall be adjudged a felon, and shall be
proceeded against as such, and punished at the discretion of the court before whom such
person shall be tried.
LV. And be it further enacted. That all things which shall be seized as being liable to
forfeiture under this act, shall be taken forthwith and delivered into the custody of the
collector and controller of the customs at the custom house next to the place where the
same were seized, who shall secure the same by such means and in such manner as shall
be provided and directed by the commissioners of his Majesty's customs.
LVI. And be it further enacted, That all things which shall have been condemned as
forfeited under this act shall, under the direction of the collector and controller, or other
principal officer of the customs, at the port where such seizures shall have been secured,
be sold by public auction to the best bidder : Provided always, That it shall be lawful for
the commissioners of the customs to direct in what manner the produce of such sale shall
be applied, or in lieu of such sale, to direct that any of such things shall be destroyed, or
shall be reserved for the public service.
LVII. And be it further enacted, That all penalties and forfeitures which may have
been heretofore or may be hereafter incurred, shall and may be prosecuted, sued for, and
recovered, in any court of record or vice admiralty, having jurisdiction in the colony or
plantation where the cause of prosecution arises, and in cases where there shall happen to
be no such courts, then in any court of record or of vice admiralty having jurisdiction in
some British colony or plantation near to that where the cause of prosecution arises; pro*
vided that in cases where a seizure is made in any other colony than that where the
forfeiture accrues, such seizure may be prosecuted in any court of record or of vice
admiralty, having jurisdiction either in the colony or plantation where the forfeiture
accrues, or in the colony or plantation where the seizure is made, at the election of the
seizor or prosecutor ; and in cases where there shall happen to be no such courts in either
of the last mentioned colonics or plantations, then in the court of record or of vice admi-
ralty, having jurisdiction in some British colony or plantation near to that where the
Forfeiture of Tetaels,
carriage. Ice. ranov
ioa; gMdc liable to Ibr-
feuure.
Goodf, Teitek, he. It-
able to forfeitore. may
be jeixed by olBeera.
Writ of agtictaace to
search for and seise
good* liaUe to focfeit-
we.
ObstrtietioD of officeiv
by force.
Goods seised to be se-
cured at Uie next eoi-
torn boose.
Goods' seised to be
sold by auetion.
Jorisdictioii for prose-
cation of seis«res and
penalties.
Digitized by
Google
BUnSH STATUTES.
Bui aay be firm for
goods or Aif Miaed.
Soitf tobe eonmeneed
!■ BMBe of offieon of
«• Ice.
0«M proboBdi to lie
OB party.
to be entered in
of the owner.
No penoB admitted to
enter eleim for any
thing seised, unleas ae-
«u% lint glTea.
A BBonth's Botiee of
aetioB to be giTea to
oAeeis
Aetionfl to be brongfat
withiB three montha of
the eanseof them.
Jndge may certify pro-
babie cause of seunire.
fiMMtnm aoeruea, or to tk«t wiwre the «eisure is madej ti the eleetioii of die eeinr or
pvoeeeutor.
LVIII. And be it further enacted, That if anj goods or any ship or ▼eesel shall be
seised as forfeited under this act, or any act hered^r to be made, and detained in any of
the British possessions in America, it shall be lawful for the judge or judges of any court,
having jurisdiction, to try and determine such seizures, wiUi the consent of the eotteetor
and controller of the customs, to order the delivery thereof on security by bond, with two
suffieient sureties, to be first approved by such collector and controller, to answer double
the value of the same in case of condemnation ; and such bond shall be taken to the ose of
his Mqesty, in the name of the collector of the customs in whose custody the goods, or
the ship, or vessel, may be lodged, and such bond shaU be delivered and kept in the joint
custody of such collector and his controller, and in case the goods, or the ship, or vessel,
shall be condemned, the value thereof shall be paid into the hands of such coUeclor, who
AM thereupon, with the consent or privity of his controller, cancel such bond.
LIX. And be it further enacted. That no suit shall be commenced for the recovery of
any penalty or forfeiture under this act, except ia the name of some superior oficer of the
customs or navy, or other person employed as hereinbefore mentioned, or of Us lfa|esty's
advocate or attorney general for the place where such suit shall be commenced ; and if a
question shall arise whether any person is an officer of the customs or navy, or such other
person as aforesaid, viva voce evidence may be given of such fact, and shall be deemed
legal and sufficient evidence.
LX. And be it further enacted, That if any goods shidl be seized for non-payment of
duties, or any other cause of forfeiture, and any dispute shall arise whether the duties
have been paid for the same, or the dame have been lawfully imported, or lawfully laden
or exported, the proof thereof shall lie on the owner or claimer of such goods, and not on
mke officer who shall seize and stop the same.
LXI. And be it further enacted, That no claim to any thing seized under this act, and
returned into any of his Majesty's courts for adjudication, shiJl be admitted, unless such
daim be entered in the name of the owner, with his residence and occupation, nor unless
oath to the property in such thii^ be made by the owner, or by his attorney or agent by
whom such claim shall be entered, to the best of his knowledge and belief; aud eveiy
person making a false oath thereto shall be deemed guilty of a misdemeanor, and shall be
Uable to the pains and penalties to which persons are liable for a misdemeancHr.
LXII. And be it further enacted, That no person shall be admitted to enter a claim to
any thing seized in pursuance of this act, and prosecuted in any of the British possessions
in America, until sufficient security shall have been given, in the court where such seizure
is prosecuted, in a penalty not exceeding sixty pounds, to answer and pay the costs occa-
sioned by such claim ; and in defoult of giving such security, sutfh things shall be adjudged
to be forfeited, and shall be condemned.
LXIII. And be it further enacted, That no writ shall be sued out against, nor a copy of
any process served upon any officer of the customs or navy, or other person as aforesaid,
for any thing done in the exercise of his office, until one calendar month after notice in
writing shall have been delivered to him, or left at his usual place of abode, by the attor-
ney or agent to the party who intends to sue out such writ or process ; in which notice
shall be clearly and explicitly contained the cause of the action, the name and place of
abode of the person who is to bring such action, and the name and place of abode of the
attorney or agent ; and no evidence of the cause of such action shall be produced, except
of such as shall be contained in such notice, and no verdict shall be given for the plaintiff^
unless he shall prove on the trial that such notice was given ; and in default of such proof,
the defendant shall receive in such action a verdict and costs. ^
LXIV . And be it further enacted, That every such action shall be brought within three
calendar months after the cause thereof, and shall be laid and tried in the place or district
where the facts were committed, and the defendant may plead the general issue, and give
the special matter in evidence ; and if the plaintiff shall become non-suited, or shall dis*
continue the action, or if upon a verdict or demurrer, judgment shall be given against the
plaintiff, the defendant shall receive treble costs, and have such remedy for the same as
any defendant can have in other cases where costs are given by law.
LXV. And be it further enacted. That in case any information or suit shall be brought
to trial on account of any seizure made under this act, and a verdict shall be found for the
claimant thereof, and the judge or court before whom the cause shall have been tried, shall
certify on the record that there was probable cause of seizure, the claimant shall not be
entitled to any costs of suit, nor shall the person who made such seizure be liable to any
action, indictment, or other suit or prosecution, on account of such seizure ; and if any
action, indictment, or other suit or prosecution, shall be brought to trial against any person
on account of such seizure, wherein a verdict shall be given against the defendant, the
plaintiff, besides the thing seized, or the value thereof, shall not be entitled to more than
Digitized by VrjiJOV IC
BRITISH STATUTES.
Offlcef
amcndt.
two pence damages, nor to any costs of suit, nor shall the defendant in soch proaecndon
be fined more than one shilling.
LXVI. And be it further enacted, That it shall be lawful for such officer, within one
calendar month after such notice, to tender amends to the party complaining, or his agent,
and to plead such tender in bar to any action, together with other pleas ; and if the jury
shall find the amends sufficient, they shall give a verdict for the defendant ; and in such
jcase, or in case the piaintifi* shall become nonsuited, or shall discontinue his action, or
judgment shall be given for the defendant upon demurrer, then such- defendaijit shaU be
entitled to the like costs as he would have been entitled to in case he bad . pleaded the
general issue only : Provided always. That it shall be lawful for such defendant, by leave
of the court where such action shall be brought, at any time before issue joined, to pay
money into court as in other actions.
LXVII. And be it further enacted. That in any such action, if the judge, or court
before whom such action shall be tried, shall certifj' upon the record thai the defendant
or defendants in such action acted upon probable cause, then the plaintiff in such action
shall not be entitled to more than two pence damages, nor to any costs of suit.
LXV III. And be it further enacted. That all penalties and forfeitures recovered in ^nj
of the British possessions in America, under this act, shall be divided, paid, and applied
as follows; (that is to say,) after deducting the charges of prosecution from the produce
thereof, one third part of the nett produce shall be paid into the hands of the collector of
his Majesty^s customs at the port or place where such penalties or forfeitures shall b€{
recovered, for the use of his Majesty ; one third part to the governor or commander in
chief of the said colony or plantation, and the other third part to the person who shall
seize, inform, and sue for the same ; excepting such seizures as shsdl be made at sea by
the commanders or officers of his Majesty's ships of war, duly authorized to make seizures,
one moiety of which seizures and of the penalties and forfeitures recovered thereon, first
deducting the charges of prosecution from the gross produce thereof, shall be paid as
aforesaid to the collector of his Majesty's customs, to and for the use of his Majesty, and
the other moiety to him or them who shall seize, inform, and sue for the same, any law
or usage to the contrary notwithstanding ; subject, nevertheless, to such distribution of
the produce of the seizures so made at sea, as well with regard to the moiety hereinbefore
granted to his Majesty, as with regard to the other moiety given to the seizor or prosecutor,
as his Majesty shall think fit to order and direct by any order or orders of council, or by
-any proclamation or proclamations to be made for that purpose.
LXIX. And be it further enacted. That all actions or suits for the recovery of any of
the penalties or forfeitures imposed by this act, may be commenced or prose^^uted at any
time within three years after the offence committed, by reason whereof such penalty or
forfeiture shall be incurred ; any law, usage, or custom, to the contrary notwithstanding.
LXX. And be it further enacted. That no appeal shaJl be prosecuted from any decree
4>r sentence of any of his Majesty's courts in America, touehing any penalty or forfeiture
imposed by this act, unless the inhibition shall be applied for and decreed within twelve
months from the time when such decree or sentence was pronounced.
LXXI. And be it further enacted. That all persons authorized to make seizures under
an act passed in the fifth year of the reign of his present Majesty, entitled, ^' An act to
amend and consolidate the laws relating to the abolition of the slave trade," shall, in
making and prosecuting any such seizures, have the benefit of all the provisioiis granted
to persons authorized to make seizures under this act.
LXXII. And be it further enacted. That all penalties and forfeitures created by the
said act passed in the fifth year of his present Majesty, whether pecuniary or specific,
shall (except in cases specially provided for by the said act) go and belong to such persons
as are authorized by that act to make seizures, in such shares, and shall and may be sued
:for and prosecuted, tried, recovered, distributed, and applied in such and the like manner,
and by the same ways and means, and subject to the same rules and directions, as any
penalties and forfeitures incurred in Great Britain and in the British possessions in America
respectively now go and belong to, and may be sued, prosecuted, tried, recovered, and
distributed respectively in Great Britain, or in the said possessions, under and by virtue
of this act.
LXXIII. And be it further enacted, That it shall be lawful for his Majesty^ by and
with the advice of his privy council, h^any order or orders in council, to be issued from
time to time, to give such directions and make such regulations touching the trade and
commerce to and from any British possessions on or near the continent of Europe, or
within the Mediterranean sea, or in Africa, or within the limits of the East India company's
charter, (excepting the possessions of the said company,) as to his Majesty in council
shall appear most expedient and salutary ; and if any goods shall be imported or exported
in any manner contrary to any such order of his Majesty in council, the sskirtB shall be
forfeited, together with the ship importing or exporting the same.
' ^ Digitized by
may t«iid«r
Jadm nay e«r<ify po*
babM canee of action.
Recqre^f and applica-
tion .of penaltici.
Liniitation of suits.
LiinitatidH ofuppaals.
Persons aiHborixed to
make seinires under
6th Geo. IV, c 113, to
here the benett of tliis
act.
Application <vf peaal*
ties under 5th Geo. iV,
c 113.
The King may regtrfate
the trade of the cape of
Good Hope, &c.
Google
638
BRITISH STATUTES.
EMt India «<
may carry «
India to coloniM.
PriTmte pertona way
trade to China, or in
tea, haTing Uceaae from
the eonpaay, b«t li-
mited to the anpply of
theeolofliec.
Certificate of produc-
tion of Em! India a«-
gar.
Not to repeal or alter
the act 37th Geo. Ill,
ciir
. I built prior to 1st
January, ISlfi, deemed
Britiah ahipi within
certain limita.
Ceitiiicate of produc-
tion of Cape wine.
Ceitifieate of produc-
tion of gooda in Guem-
aey, &c.
Tea and tobacco may
not be imported into
Guemaey, &e. except
from Umted Kingdom.
LXXIV . And be it further enacted, That it shall be lawful for the East India c6mpusy
to trade in and export from any place within the limits of their charter, any goods, for
the purpose of being carried to some of his Majesty's possessions in Ameriea, and so to
carry and to import the same into any of such possessions ; and also to cany return car-
goes from such possessions to any place within the limits of their charter, or to the United
Kingdom ; and that it shall be lawful for any of his Majesty's subjects, with the license
in writing granted by or under the authority of the said company, to lade in and export
from any of the dominions of Ihe emperor of China any goods, and to lade in and export
from any place within the limits of the said company's charter, any tea, for the purpoee
of being carried to some of his Majesty's possessions in Ameriea, and also so to carry and
to import the same into any of such possessions.
LXXV. And be it further enacted, That it shall be lawful for any person, being the
shipper of any sugar, the produce of some British possession within the limits of the
East India company's charter, to be exported from any place in such possession, to go
before the collector or controller, or other chief officer of the customs, at such place, or
if there be no such officer of the customs, to go before the principal officer of such place,
or the judge or commercial resident of the district, and make and sign an affidavit before
him, that such sugar was really and bona fide the produce of such British possession, to
the best of his knowledge and belief; and such officer, judge, or resident, is hereby autho-
rized and required to administer such affidavit, and to grant a certificate thereof, setting
forth in such certificate the name of the ship in which the sugar is to be exported, and the
destination of the same.
LXXVI. And be it further enacted. That nothing in this act, or in any other act passed
in this present session of parliament, shall extend to repeal, or in any way alter or affect,
an act passed in the thirty-seventh year of the reign of his late Majesty, King George the
Third, entitled, " An act for regulating the trade to be carried on with the British posses-
sions in India, by the ships of nations in amity with his Majesty;" nor to revoke, alter, or
affect, any regulations formed under the authority of that act, and which were in force at
the time of the commencement of this act.
LXXVII. And be it further enacted. That all ships built at any place within the limits
of the East India company's charter, prior to the first of January, one thousand eight
hundred and sixteen, and which then were, and have continued ever since to be, 8oie\y
the property of bis Majesty's subjects, shall be deemed to be British ships for all the
purposes of trade within the said limits, including the cape of Good Hope ; any thing in
this act, or in any other act or acts passed in this present session of parliament, to the
contrary notwithstanding.
LXXVIII. And be it further enacted. That it shall be lawful for the shipper of any
wine, the produce of the cape of Good Hope, or of its dependencies, which is to be
exported from thence, to go before the chief officer of the customs, and make and sign
an affidavit before him, that such wine was really and bona fide the produce of the cape
of Good Hope, or of its dependencies ; and such officer is hereby authorized and required
to administer such affidavit, and to grant a certificate thereof, setting forth in such certifi-
cate the name of the ship in which the wine is to be exported, and the destination of the
same.
LXXIX. And be it further enacted, That it shall be lawful for any person ^'ho is about
to export from any of the islands of Guernsey, Jersey, Alderney, or Sark, to the United
Kingdom, or to any of the British possessions in America, any goods of the growth or
produce of any of those islands, or any goods manufactured from materials which were
the growth or produce thereof, or of the United Kingdom, to go before any magisirate of
the island from which the goods are to be exported, and make and sign before him an
affidavit, that such goods, (describing the same,) are of such growth or produce, or of
such manufacture, and such magistrate shall administer and sign such affidavit ; and there-
upon the governor, lieutenant governor, or commander in chief of the island from which
the goods are to be exported, shall, upon the delivery to him of such affidavit, grant a certi-
ficate, under his hand, of the }H*oof contained in such affidavit, stating the ship in which,
and the port to which, in the United Kingdom, or in any such possession, the goods are
to be exported ; and such certificate shall be the proper document to be produced at such
ports respectively, in proof that the goods mentioned therein are of the growth, produce,
or manufacture of such islands respectively.
LXXX. And be it further enacted. That it shall not be lawful to import into any of the
islands of Guernsey, Jersey, Alderney, or Sark, any tea, nor any tobacco, except from the
United Kingdom ; and if any tea or any tobacco shall be brought into any of the said
islands, from any other place than from the United Kingdom, or not having been duly
entered and cleared in the United Kingdom, to be exported to such island, the same shall
be forfeited.
Digitized by
Google
BRITISH STATUTES.
Tobacco, 006 hundred
tons and four hundred
a&d fifty poniMU.
Wine, sixty tons and
twenty g^ont.
LXXXI. And be it further enacted. That no brandy, geneva, or other spirits, except Oveintcy.&c. tonnage
rujn, of the British plantations, shall be imported into or exported from the islands of Jer- ^JSS^ Waf**B^uf
sej, Guernsey, Alderney, or Sark, or either of them, or removed from any one to any ^ hundred tout and
other of the said islands, or coastwise from any one part to any other part of either of the "*^** "**
said islands, or shall be shipped, in order to be so removed or carried, or shall be water-
borne, for the purpose of being so shipped in any ship, vessel, or boat, of less burthen
than one hundred tons, nor in any cask or package of less size' or content than forty
gallons ; nor any tobacco or snuff, in any ship, vessel, or boat, of less burthen than one
undred tons, nor in any cask or package containing less than four hundred and fifty
pounds weight ; (save and except any such spirits or loose tobacco as shall be for the use
of the seamen belonging to and on board any such ship, vessel, or boat, not exceeding two
gallons of the former, and five pounds' weight of the latter, for each seaman ; and also
except such manufactured tobacco or snuif as shall have been duly exported as merchan-
dize from Great Britain or Ireland ;) nor shall any wine be imported into or exported
from the said islands of Guernsey, Jersey, Alderney, or Sark, or either of them, or cai*ried
from any one of the said islands to any other thereof, or coastwise, from any one part to
any other part of the said islands, or be shipped or water-borne, for the purpose of being
shipped in any ship, vessel, or boat, of less burthen than sixty tons, or in any cask con-
taining less than twenty gallons, or any package containing less than three dozen reputed
quart bottles, or six dozen reputed pint bottles, on pain of forfeiture of all such foreign
brandy, geneva, or other spirits, tobacco, snuff, or wine respectively, together with the
casks or packages containing the same ; and also every such ship, vessel, or boat, together
with all the guns, furniture, and ammunition, tackle, and apparel thereof.
LXXXIJ. Provided always, and be it further enacted. That nothing herein contained Not to extend to res-
shall extend, or be construed to extend, to subject to forfeiture or seizure, under any of ingirin!S5"s«Sf^fc
the provisions of this act, any boat not exceeding the burthen of ten tons^ for having on ving license so to do.
board at any one time any foreign spirits of the quantity of ten gallons or under, in casks
or packages of less size or content than forty gallons ; or any tobacco, snuff, or tea, not
exceeding fifty pounds' weight of each, for the supply of the said island [of Sark, such
boat having a license from the proper officer of customs at either of the islands of Guern^
sey or Jersey, and for the purpose of being employed in carrying commodities for the
supply of the said island of Sark, which license such officer of customs is hereby required
to grant, without taking any fee or reward for the same : Provided always, That e^ery
such boat having on board at any one time any greater quantity of spirits than ten gallons,
or any greater quantity of tobacco or snuff than fifty pounds' weight of each of the said
articles, unless such greater quantity of spirits, tobacco, or snu£^ shall be in casks or
packages, of the size, content, or weight, hereinbefore required, or having on board
at any one time any greater quantity of tea than fifty pounds' weight, shall be forfeited.
LXXXIII. Provided always, and be it further enacted, That nothing herein contained
shall extend, or be construed to extend, to prevent the importation into, or exportation
from, the said islands of Guernsey, Jersey, Alderney, or Sark, or either of them, of any
wine in bottles shipped in cases or casks only, each containing at least three dozen repu-
ted quart bottles, or six dozen reputed pint bottles : Provided always, That before any
such wine in bottles shall be shipped for exportation to or for Great Britain or Ireland,
the master or other person having the charge or command of the ship, vessel, or boat, in
or on board of which such wine shall be so intended to be exported, together with one
other sufficient surety, shall give bond in the penalty of forty shillings per gallon, that
the wine so shipped shall (the danger of the seas and enemies excepted) be duly entered
and landed at the port or place in Great Britain or Ireland to or for which the same shall
be declared at the time of giving such bond, (which bond and declaration the proper
officer of his Majesty's customs is hereby authorized and empowered to take ;) and such
officer is required to furnish the master, or other person having the charge or command
of the ship, vessel, or boat, in which any such wine may be, with a certificate specifying
the number of such packages as aforesaid, and the quantity of wine contained in each, the
date of the bond, and the name of the port or place to or for which the same shall be so
declared ; and such bond, so given as aforesaid, shall not be delivered up or cancelled
until a certificate, under the hand of the proper officer of the customs in Great Britain or
Ireland, of the due landing of the wine mentioned therein, shall be prodticed to and left
with the officer taking the said bond, within three months after the date of such bond.
LXXXIV. And be it further enacted, That every person who shall be found or disco-
vered to have been on board any vessel or boat liable to forfeiture under any act relating
to the revenue of customs, for being found within one league of the islands of Guernsey,
Jersey, Alderney, or Sark, having on board or in any manner attached or affixed thereto,
or having had on board or in any manner attached or affixed thereto, or conveying, or
having conveyed, in any manner, such goods or other things as subject such vessel or
boat to forfeiture, or who shall be found or discovered to have been on board any vessel
Wine amy be imported
into Gnernsey, ftc. in
cue0, &e.
On exportation
in bottles, bond
given.
of wine
to be
Penalty on penoni
found on board yessels
liable to foifeitvK witb-
in one leagne of Ouem-
>ey, &c.
Digitized by
Google
«40
BRITISH STATUTES.
Britiaheoflk Mi to be
re-«zported from Bri-
tiah
Act onj k« altmd tlut
or boat froih which any part of the cargo shall have been thrown overboard daring chase"
or staved or destroyed, shall forfeit the sum of one hundred pounds.
tiXXXV. And be it further enacted, That it shall not be lawful for any person to re-
export, from any of his Majesty's possessions abroad to any foreign place, any coals, the
produce of the United Kingdom ; and that no such coab shall be shipped at any of such
possessions, to be exported to any British place, until the exporter orihe master of the
exporting vessel shall have given bond, with one sufficient surety, in double the value oC
the coals, that such coals shall not be landed at any foreign place.
LXXXVI. And be it further enacted. That tiiis act may be amended, altered, or
i^p^aled, by any act to be passed in the present session of palliament.
SUi Gfw. IV. e 114.
PoMeatioBi abroad.
FreeDorts.
Rif m from W«ft Indie*
to Cwuulft.
Certsin goOit broncht
inland into Canada Tor
exportation.
Duty on wheat iour
imported from a ware-
(Nodung in tbia aet
khall be conatmed to
repeal ao maeh of Sd
Geo. IV, o 119; aa re-
lates to arbitrators.
Seib9tl^t(?eo.IV,c78.)
PASSED IN THE SEVENTH YEAR OF GEORGE IV.
CHAPTER XLVIII.
An ad to alt^ and amend the several laws relating to the customs.
[Passed Mayas, 18aS.j
XLIII. And whereas another act was passed in the last session of parliament, entitled,
^f An act to regulate the trade of the British possessions abroad ;" and it is expedient to
alter and amend the same in manner hereinafter provided ; and whereas bj the said act
certain goods are prohibited to be imported into anj port or place in the British possessions
in America, except into some of the ports in such possessions called free ports, and enume<
rated or described in a table contained in such act; be it therefore enacted, That if anj
goods shall be imported into any port or place in the said possessions, contrary to such
prohibition, such goods shall be forfeited.
XLl V. And be it further enacted, That rum or other spirits, the produce of any British
possession in South America or the West Indies, when imported from any British posses-
sion in America into Canada, shall not be deemed to be foreign, nor be charged with duty as
such ; and that the duty of six pence the galloO) imposed by the said act, to regulate the
trade of the British possessions abroad, upon suqh rum or other spirits, when imported into
Canada from the United Kingdom, shall be payable over and above any duty thereon there
payable under any colonial law, any thing in the said act, or this act, to the contrary
notwithstanding.
XLV. And be it further enacted. That all masts, timber, and ashes, brought by land or
inland navigation into Canada, and duly shipped and exported from thence, shall, upon
importation into the United Kingdom, be deemed to be and be imported as the produce of
some British possession ; and that it shall be lawful to bring into Canada, by land or inland
navigation, any beef or pork, to be there warehoused for the purpose only of being exported
to Newfoundland : Provided always, That security shall be given to the satisfaction of
the commissioners of his Majesty's customs, upon the first entry of such beef and pork,
that the same shall be duly conveyed to and warehoused in some warehousing port, to be
from thence exported direct to Newfoundland 4
XLVI. And be it further enacted, That wheat flour which shall have been warehoused
at any free warehousing port in the British possessions in North America, and which shall
be imported direct from the warehouse at such port into any British possession in the
West Indies or in South America, shall upon such importation be liable only to a duty of
one shilling for every barrel of such flour, instead of the duty of five shillings, now payable
on the same under the said act for regulating the trade of the British possessions abroad.
PASSED IN THE SEVENTH YEAR OP GEORGE IV.
CHAPTER LXVIII.
V An act to amend so much of an act of the thirty-first year of his late Majesty, as rdaUs
to the election of members to serve in the legislative assembly of the province of Upper
Canada.
[Passed May 26, ISS]
3lstGe9.llI,eSL Whkbeas by sin act passed in the thirty-first year of the reign of his late Majesty, King
George the Third, entitled, " An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled ^ An act for making more effectual provision for
the government of the province of Quebec, in North America, and to make further provision
for the government of the said province,' " it is amongst other things enacted, that no
person snail be summoned to the legislative council, in either of the provinces of Upper
Canada and Lower Canada, who shall not be of the full age of twenty-one years, and a
fiatural born subject of his Majesty, or a subject of his Majesty naturalized by act of the
Digitized by
vjoogle
BRITISH STATUTES. Ml
Eirittsh parliament, or a subject of his Majesty, having become such by the conquest and
cession of the province of Canada ; and it is thereby further provided, that no person shall
be capable of voting at any election of a member to serve in the legislative assembly in
either of the said provinces of Upper Canada or Lower Canada, or of being elected at
any such election, who shall not be of the full age of twenty-one years, and a natural born
subject of his Majesty, or a subject of his Majesty naturalized by act of the British parlia-
ment, or a subject of his Majesty, having become such by the conquest and cession of the
province of Canada ; and whereas it is expedient that persons* naturalized by any act of
the legblative council and assembly of the province of Upper Canada, assented to by his
Majesty, his heirs or successors, should be enabled to be summoned to the legislative ^
council of the said province of Upper Canada, and of voting at the elections of members
to serve in the legislative assembly of the said province, or of being elected at any such
election ; be it therefore enacted by the King's most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons, in this present
parliament assembled, and by the authority of the same. That all persons naturalized by \ , ^ ..
any act of the legislative council and assembly of the province of Upper Canada, assented u^!?Cnftd» w^br
to by his Majesty, his heirs or successors, shall henceforth be and be deemed competent in J[[3Jr?S52S»«iIiwC
the law to be summoned to the legislative council of the said province of Upper Canada, at flle^ioi!i.
and to vote at the elections of members to serve in the legislative assembly of the said
province, and to be elected at any'such election.
II. Provided, nevertheless, and be it further enacted, That whenever any bill which has NatiindiwtioBMbMt
been passed by the legislative council and by the house of assembly in the said province t^i^^^g^ ff ggr
of Upper Canada, for the naturalization of any person or persons, shall be presented for jei^t
his Majesty's assent to the governor or lieutenant governor of the said province, or to the
person administering his Majesty's government therein, such governor or lieutenant
governor, or person administering the government, shall, and he is hereby required to,
reserve every such bill for the signification of his Majesty's pleasure thereon ; and no
such bill shall have any force or authority within the said produce of Upper Canada until
the governor or lieutenant governor, or person administering the government, shall signify,
either by speech or message to the legislative council and assembly of the said province,
or by proclamation, that such bill has been laid before his Majesty in council, and that his
Majesty has been pleased to assent to the same : and no such bill shall have any force or
authority within the said province unless his Majesty's assent thereto shall have been so
signified as aforesaid, within the space of two years from the day on which such bill shall
have been presented for his Majesty's assent to the governor, lieutenant governor, or person
administering the government.
PASSED IN THE SEVENTH AND EIGHTH YEARS OF GEORGE IV.
CHAPTER LXII.
An act to authorize the sale of a part of the clergy reserves in the provinces of Upper and
Lower Canada,
[Passed July % 1827.]
Whereas by an act passed in the thirty-first year of the reign of his late Majesty, King 8lrtG«o. IlKeSl.
George the Third, entitled, ^' An act to repeal certain parts of an act passed in the four-
teenth year of his Majesty's reign, entitled, ^ An act for making more effectual provision
for the government of the province of Quebec, in North America, and to make further
provision for the government of the said province,' " it is among other things enacted,
That it shall and may be lawful for his Majesty, his heirs or successors, to authorize the
governor or lieutenant governor of each of the provinces of Upper Canada and Lower
Canada respectively, or the person administering the government therein, to make, from
and out of the lands of the crown within such provinces, such allotment and appropriation
of lands as therein mentioned, for the support and maintenance of a protestant clergy
within the same ; and it was further enacted, that all and everj the rents, profits, or «
emoluments, which might at any time arise from such lands, so allotted and appropriated
as aforesaid, should be applicable solely for the maintenance and support of a protestant
clergy within the province in which the same should be situated, and to no other purpose
whatever ; and whereas in pursuance of the said act such allotments and appropriation
of land as aforesaid, have from time to time been reserved for the purpose therein men^
tioned ; which lands are known within the said provinces by the name of ^^ the clergy
reserves ;" and whereas the said clergy reserves have in great part remained waste and
unproductive, from the want of capital to be employed in the cultivation thereof; and it
is expedient to authorize the sale of certain parts of such clergy reserves, to the intent
that the monies arising from such sale may be employed in the improvement of the
remaining part of the said clergy reserves, or otherwise, for the purposes for which the
Digitized by
GooqIc
J
«l»
BRITISH STATUTES.
Gorenor orB«iiteiuuit
forenor, Ike. empow-
«nd to mU |Mrt of eler^
gjiMtrvMU Gaaadt.
of Iwid to U told in
md lands are so reserred as aforesaid ; be it therefore enacted by the King's most excel-
lent Majesty, by and with the advice and consent of the lords sfHritiial and temporal, and
commons, in this present parliament assembled, and by the authority qf the same,' That it
shall and may be lawful for the governor and lieutenant governor, or officer administering
the government of the said provinces, or either of them, with the consent of the exeoitive
council appointed within such province for the affairs thereof, in pursuance of any instnic-
tioQS which may be issued to such governor, lieutenant governor, or other officer, as
aforesaid, by his Majesty, through one of his principal secretaries of state, to sell, alienate,
and convey, in fee simple, or for any less estate or interest, a part of the said clergf
reserves in each of the said provinces, (not exceeding in either province one fourth of the
reserves within such province,) upon, under, and subject to such conditions, provisoes,
and regulations, as his Majiosty, by any such instructions as aforesaid, shall be pleased to
direct and appoint : Provided, nevertheless, That the quantity of the said clergy reserves,
so to be sold as aforesaid, in any one year, in either of the said provinces, shall not in the
Mogy^g^jbe uTCited whole clceed one hundred thousand acres : Provided also. That the monies to arise by,
- - ""H^*^ ^*^ or to be produced from, any such sale or sales shall be paid over to such officer or officers
of his Majesty's revenue within the said provinces respectively as his Majesty shall be
pleased to appoint to receive the same, and shall by such officer or officers be invested in
the public funds of the United Kingdom of Great Britain and Ireland, in such mBoner and
form as his Majesty shall from time to time be pleased to direct : Provided also, That tbe^
dividends and interest accruing from such public funds, so to be purchased, shaiibe appro-
priated, applied, and disposed of, for the improvement of the remaining part of die said
clergy reserves, or otherwise, for the purposes for which the said lands were so reserved
as aforesaid, and for no other purpose whatsoever ; save only so far as it may be necessary
to apply the same, or any part thereof, in or towards defrajdng the expenses of, or
attendant upon, any such sale or sales as aforesaid ; and which appropriations shall be so
made in such manner and form, and for such special purposes, as his Majesty from time to
time shall approve and direct.
II. And be it further enacted. That it shall and may be lawful for the governor, lieu-
tenant governor, or officer administering the government of the said provinces, with tke
consent of such executive council as aforesaid, in pursuance of any instructions which may
in manner aforesaid be issued to him, to give and grant in exchange for any part of the
said clergy reserves, any lands of and belonging to his Majesty, within the said provinces,
of equal value with such clergy reserves, so to be taken in exchange, or to accept in
exchange for any such clergy reserves, from any person or persons, any lands of equal
value ; and all lands so taken in exchange for any such clergy reserves, shall be holden
by his Majesty, his heirs and successors, in trust for the several purposes to which the
said clergy reserves are appropriated by the said act, so passed in the thirty-first year of
the reign of his late Majesty, King George the Third, or by this present act^
grant or aieMpt ]«id« m
- "^ for cleigy
Goodi not deraied th«
Mod«c« of the United
KiB||do0i, Ike. vnleM
iMported dinet.
Fnhibitiott orbMTaad
pork repealed.
Newdvtiee.
PASSED IN THE SEVENTH AND EIGHTH YEARS OF GEORGE IV.
Certain clauses of an act passed in the united parliament of Great Britain and Ireland^
entitled^ *^ An act to amend the laws relating to the customs.^^
[PM8«d Jtdjt, ISSTJ
XXVII. And be it further enacted, That no goods shall, upon importation into any of
the British possessions in America, be deemed to be of the growth, production, or manu-
facture of the United Kingdom, or of any British possession in America, unless imported
from the United Kingdom, or from some British possessions in America.
XXVIII. And be it further enacted. That so much of the said last mentioned act as
prohibits the importing or bringing into any of the British possessions in America, of beef,
pork, or cocoa nuts, and also so much of the said act as prohibits the importation of coffee,
sugar, molasses, or rum, into any of the free warehousing ports in any of the said posses-
sions, for the purpose of being warehoused for exportation only, shall be, and the same is,
hereby repealed.
XXIX. And be it further enacted, That instead of the duties imposed by the said last
mentioned act, and set forth in a table therein contained, denominated, " table of duties,^'
the several duties set forth in figures in the table hereinafter contained, and denominated,
"table of new duties, 1827," shall, in respect of such goods as are therein mentioned, be
raised, levied, collected, and paid unto his Majesty, in like manner as if such duties had
been imposed in the said last mentioned act, and had been set forth in the said table
therein contained.
Digitized by
Google-
BRITISH STATUTES.
em
TABLE OF HSW DUTIES, ISBT.
ISiOc nuurafiictiirei, for erery i^lOO of the Taliie. jS80 0 0
Cotton BuniifiietiirM, for ererj £100 of the TUue. 20 0 0
Salted beef and salted pork, except into Newfoundland, and all talted beef and salted pork imported
from Newfoundland, whether of foreign production or not, the one hundred weignt, 0 12 0
Spirits, not otherwise charged with duty, tor every gallon, 0 10
XXX. And be it further enacted, That spirits, the produee of any of the British
possessions in South America or the West Indies, imported into any of the British pos-
sessions in North America, from some other British possession in North America, shall
not be subject to any higher duty than would have been payable if such spirits had been
imported from some British possession in South America or the West Indies ; and that
the wine in casks imported into the British possessions in North America, from Gibraltar
^r Malta, shall not be subject to any higher duty than would have been payable if sueh
wine had been imported from the United Kingdom ; and that wine in bottles, having been
bottled in the United Kingdom, imported into any of the British possessions in America,
irom the United Kingdom, shall not be subject to any higher duty than would hdVe been
payable if such wine had been imported in casks ; and that no duty shall be charged upon
the bottles containing such wine.
XXXII. And be it further enacted, That all masts, timber, staves, wood hoops, shinies,
lathwood, and cordwood for fuel, imported from the Canadas into any other Britisfa
possession in America, or into the United Kingdom, shall be deemed to be the produce of
^he Canadas ; and that wood of all sorts which shall have been warehoused at any ware-
housing port in any of the British possessions in North America, and exported from the
warehouse, shall upon importation into any other British possession in America be subject
only to one fourth part of such duty as would otherwise be charged thereon.
XXXIII. And be it further enacted. That masts, timber, staves, wood hoops, shingles,
.lathwood, cordwood for fuel, raw hides, tallow, ashes, fresh meat, fresh fish, and horses,
carriages, and equipages of travellers, being brought by land or inland navigation into the
British possessions in America, shall be so brought duty free,
XXXIV. Provided always, and be it enacted and declared. That no exemption from
duty in any of the British possessions abroad, contained in any act of parliament, does or
shall extend to any duty not imposed by act of parliament, unless and so far only as any
other duty is or shall be expressly mentioned in such exemption.
XXXV. And whereas it is expedient to appoint the ports of Kingston and Montreal, in
the Canadas, to be warehousing ports for the warehousing of goods in certain cases ; be it
therefore enacted. That the said ports of Kingston and Montreal shall be and are hereby
appointed warehousing ports for the warehousing of goods brought by Imd or inland
navigation, and of goods imported by sea in British ships, in like manner as if the said
ports had been so appointed by the said last mentioned act.
XXXVI. And be it further enacted, That upon the arrival of any goods at any frontier
port in the Canadas, such goods may be entered with the proper officer of the customs at
such port, to be warehoused at some warehousing port in the Canadas, and may be delivered
by such officer to be passed on to such warehousing port, under bond, to the satisfaction
^f such officer, for the due arrival and warehousing of such goods at such port.
XXXVII. And be it further enacted. That goods warehoused at any warehousing port
in any of the British possessions in America, being first duly entered, may be delivered
under the authority of the proper officer of the customs without payment of any duty,
except for any deficiency thereof, for the purpose of removal to another warehousing port
in the same possession, under bond, to the satisfaction of such officer, for the due arrival
and re-warehousing, of such goods at such other port.
XXXVIII. And be it further enacted, That if any goods which are prohibited to be
imported into any port or place in the British possessions in America, shall be imported,
contrary to such yrohibition, in any ship or vessel, which is of less burthen than seventy
tons, such ship or vessel shall be forfeited ; and that the tonnage of such ship or vessel
shall be ascertained in the same manner as the tonnage of British registered ships is
ascertained.
SpiritooftheWertlii-
■die«froin one coioay
tn North AnMiica to
another.
Wine in caalcf firom
Gihnatnr.
Wine in botUee fimn
United Kingdom.
MmU, Mlc from Cnnn-
da4eemed produce oC
Canada.
Mae U, frc. hroocht is-
land duty free.
Elzemption to extend
only to dutiea bj aet oC
parliament.
Kin|ptonand Montre-
al, in Canada, to he
warehouaing porta in
eertain caaea.
Gooda paaaed on from
irontier porta to ware-
houae porta.
Warehottaed gpoda re-
to pmrther port.
mored 1
Small rettelt import-
ing prohibited gooda
fojrfeited.
PASSED IN THE NINTH YEAR OF GEORGE IV.
CHAPTER LI.
An act to alter and amend an act for enabling his Majesty to grant to a company^ to be
incorporated by charter^ to be called " The Canada Company,^^ certain lands in (he
province of Upper Cariada.
[Paaaed July 16, 1828.]
Whersas by an act of parliament passed in the sixth year of the reign of hifj present sth Geo. iv, c 76*
Majesty, entitled, ^' An act to enable his Majesty to grant to a company, to be incwporated
Digitized by
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AM
BRITISH STATUTES.
. . It
penotifl,
pperlCaiMdm,
to ezacvte ttmrtygMt*
in the BMMor Um eom*
nuyr »ppoi
bcmg in U|
Form of erarejanee.
by eharter, to be called, ^The Canada Companj,' certain lands in the province of Upper
Canada, and to invest the said company with certain powers and privileges, and for other
purposes relating thereto," it was enacted, that in case his Majesty shall within three
years after the passing of this act, be pleased by charter of incorporation, under the great
seal of Great Britain and Ireland, to declare and grant that such and so many persoiK as
shall be named therein, and all and every such other person or persons as from tiote to
time shall be duly admitted members into their corporation, shall be a body politic and
corporate, by the name of " The Canada Company," and to declare that the said corpora
tion, so to be made and created, shall be established for the purpose hereinbefore
mentioned, and for such other lawful purposes as to his Majesty may seem meet, then and
in that case it shall and may be lawful for the said corporation to hold, to them and Ifaetr
successors, such lands, tenements, and hereditaments, within the said provinces, as shall
or may be granted by his Majesty to them and their successors within the said provinces,
or as subject to the restrictions hereinafter mentioned, shall be contracted for and purchased
or acqUfted by them therein, and to hold, alienate, sell, and dispose of, all such land^
tenements, and hereditaments, upon, under, and subject to such conditions^ provisions,
limitations, and restrictions, as his Majesty, by such his charter, may impose, direct, or
prescribe ; and it was thereby enacted, that all conveyances which were made by the said
Canada company to any individual or individuals, of any part of the lands to be so granted
or to be so purchased or held by the said company, should be made according to a certain
form for that purpose provided ; and whereas by letters patent, under the great sea\^beaT\ng
date at Westminster, on the 19th day of August, in the seventh year of his Ma^esly^s
reign, his Majesty, in pursuance of the said act, was graciously ]Jeased to give, grant,
make, ordain, constitute, declare, and appoint, that Charles Bosanquet, esquire, William
Williams, esquire, Robert Biddulph, esquire, Richard Blanchard, esquire, Robert Downie,
esquire, John Easthope, esquire, Edward Ellice, esquire, James William FreshBeld,
esquire, John Fullarton, esquire, John Gait, esquire, Charles David Gordon, esqui/e,
William Hibbert, the younger, esquire, John Hodgson, esquire, John HuUett, esquire.
Hart Logan, esquire, Simon McGillivray, esquire, James McKillop, esquire, John Mas-
terman, esquire, Martin Tucker Smith, esquire, and Henry Usborne, esquire, together
with such and so many other person or persons, bodies politic or corporate, as had becone,
or should at any time thereafter become, subscribers or shareholders of or for the eapivjil
stock thereinafter mentioned, in manner thereinafter provided, and their resf>ecli\e
successors, executors, administrators, and assigns, and such other person or persons, bodies
politic or corporate, as should from time to time be possessed of or entitled to such shares
as are thereinafter provided, should be one body politic and corporate, in deed and in
name, by the name of '^ The Canada Company,'^ and by that name should and might sue
and be sued, implead and be impleaded, in all courts, whether of law or equity, and should
have perpetual succession, with a common seal, which might by them be changed or varied
at their pleasure ; and by the said letters patent provision was made for the government
of the said company ; and whereas the said letters patent are in all respects in pursuance
of and.in conformity with the provisions of the said act of parliament ; but adequate pro-
vision was not made for rendering valid and effectual, within the said province of Upper
Canada, the conveyances to be made as aforesaid, by the said company, of the lands io be
granted or to be purchased by the said company, whereby the operations of the sa\6.
company in settling such their lands may be impeded ; be it therefore enacted, and it is
hereby enacted by the King's most excellent Majesty, by and with the advice and consent
of the lords spiritual and temporal, and commons, in this present parliament assembled,
and by the authority of the same, That it shall and may be lawful for the sa\d company,
by warrant of attorney, or written instrument under their corporate seal, to constitute and
appoint two or more persons, being in Upper Canada, to make and execute conveyances
in the name and on the behalf of the said company, to any individual or individuals, of
any part of the lands to be granted to, or purchased or held by, the said company, in the
manner and subject to the restrictions in the said act of parliament contained, and which
conveyances shall be made under the signatures of the said attornies, and under such seal
as hereinafter mentioned, and according to the form following, or as near thereto as the
circumstances of the case will admit ; that is to say :
^^ We, A. B. and C. D., the attornies of the Canada company, incorporated under and
by virtue of an act made and passed in the sixth year of the reign of his Majesty, Rin;
Geor{;e the Fourth, entitled, ''An act to enable his Majesty to grant to a company, to he
incorporated by charter, to be called ' The Canada Company,^ certain lands in the province
of Upper Canada, and to invest the said company with certain powers and privileges, and
for other purposes relating thereto," being constituted and appointed such attornies, by
virtue and in pursuance of an act passed in the ninth year of the reign of his Majesty,
King Geoige the Fourth, entitled, [here insert the title of this act,] do heteby, in con-
atderatiotSjof the sum of to us, as such attornies as aforesaid, paid,gi-ant and release
Digitized by Vj^iJOy IC
BRITISH STATUTES.
^4&
to all and all the right, title, and interest oi the said Canada iRimpanj to and
in the same and every part thereof, to have and to hold unto the said and his heirs
forever. [Signed] A. B.
C. D."
II. And be it further enacted, That it shall and may be lawful for the said company,
Irom time to time, as occasion may require, and as to them may seem meet, to revoke any
such warrant of attorney, or instrument, as aforesaid, and again to make and grant any
other warrant or warrants of attorney, instrument or instruments, for the like purpose ;
provided that such warrants of attorney, or instruments, as aforesaid, be not addressed to
fewer than two persons, and be made to take effect only when and so long as the persons
thereby appointed shall actually be within the said province ; and it shall also be lawful
for the said company to appoint and commit to the custody of such their attornies, for the
time being, a seal, for the purpose of executing such conveyance as aforesaid, and such seal
from time to time to break, alter, or renew, as to them may seem meet ; and every convey-
ance to be made and executed in manner aforesaid, by such attornies, for the time being,
as aforesaid, of the said company, shall be valid and effectual in law, to all intents and
purposes whatsoever.
III. And be it further enacted, That conveyances to be made by the said company
^thin the United Kingdom, in pursuance of the said act, of lands situate in Upper Canada,
shall not be subject to any duty of stamps ; and that the seal of the said company affixed
to any conveyance, deed, or instrument in writing, or to any memorial or memorials thereof,
for the purpose of registration of the said conveyance, deed, or instrument in writing, in
the proper office for registering the same in Upper Canada, shall of itself be sufficient
evidence of the due execution of such conveyance, deed, or instrument in writing, or the
memorial thereof, by the said company, for sdl purposes respecting the said registration,
and no further evidence or verification of such execution, nor any evidence or verification
of the signatures of the directors who shall attest the sealing of such conveyance, deed,
or instrument in writing, or the memorial thereof, shall be required for the purpose of such
registry; any law or custom now in force in the said province of Upper Canada notwith-
-standine.
IV. And be it further enacted, That it shall and may be lawful for any artificer, clerk,
handicraftsman, mechanic, gardener, servant in husbandry, or other laborer, not being
under the age of seventeen years, by indenture duly executed, and without a stamp, to
4M>ntract with the said Canada company faithfully to serve, or to proceed to and faithfully to
serve, the said company in the province of Upper Canada, for any period not exceeding
the full term of seven years, to be computed from the day of the date of such indenture ;
and it shall be lawful for the said company, within any part of his Majesty's dominions,
to maintain an action against any person or persons who shall employ, retain, harbor, or
conceal any such artificer, clerk, handicraftsman, mechanic, gardener, servant in husbandry,
or other laborer, with intent to deprive the said company, or any agent of the said com-
pany, of his, her, or their services, or otherwise with intent to defraud or injure the said
company or their agents ; and in case the said company shall in any such action recover a
verdict, they shall, in addition to the damages found by such verdict, or assessed under
the same, recover and have treble costs.
y. And be it further enacted. That it shall and may be lawful to and for any two or
more justices of the peace in his Majesty's dominions, to punish by fine not exceeding
fifty pounds, or by imprisonment not exceeding three calendar months, or both, any wilfiu
violation of such indentures as aforesaid, by any ill-behavior of such artificer, clerk,
handicraftsman, mechanic, gardener, servant in husbandry, or other laborer, in such his or
her service or employment as aforesaid ; and also to hear and determine all complaints,
differences, and disputes, which shall happen and arise between any such artificer, clerk,
handicraftsman, mechanic, gardener, servant in husbandry, or other laborer, and the said
company, or their agents, and to make such order or award in every such case, as to such
justices shall seem just, and every such order or award to enforce by execution acainst
the goods, effects, or other property of the party or parties against whom such order or
award shall be made, or by arrest of the person, and imprisonment not exceeding three
calendar months.
YI. And be it further enacted and declared. That nothing in this act or in the said
former act of parliament contained shall extend, or be construed to extend, to prevent his
Majesty, his heirs and successors, from altering, amending, or adding to the provisions of
the said letters patent, by letters patent to be hereafter issued under the great seal, as to
his Majesty, his heirs and successors, shall seem meet.
81
Conpwi J may raroke
■vch wamnti of at-
torney, and gnnft nUi^
en.
not tobe
ConTeyaneea not toM
•nbjeetto itamp daty.
Seal of the
afliscd to any deed to
of Ht OTOOotfan.
Artiaoen, hm. may
Mnd thomiolTea to
aonrothe oonpaayffBr
a oartaia poiiod.
artUloen, fro.
Aot not to preTont Us
Maiofty fivm ahetiac
the letten patMit to
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BRITISH STATUTES.
Eatry of goodt ia colo-
niet for ejiportation M
BrtU»li pkntaCios or m
CortUn ipooda inport-
ed nto ookMiioa Tram
wut^owom theUai-
todKufrioMtobodaty
frM.
Wboit ia eoloaiot do-
UfOfod to be g^nwad.
Nothiag injtli Geo.IV»
e 48, shall be cootCnied
Co repeal to maeh of
3J Geo. IV, c 119, as
reUtoe to arbitrators.
PASSED IN THE NINTH YEAR OF GEORGE IV.
Certain clauses of an ad passed in the united parliament of Great Britain and ItM
(chapter i^xxyi,) entitled, '* An act to amend the laws relating to the cu^oms,^^
[PiisedJil]r!^ia&j
XXII. And whereas one other of the said first mentioned acts was passed to regdate
the trade of the British possessions abroad, and it is expedient to amend the said act; be
it therefore enacted, That upon the entry outwards of any goods in any of the Britisli
possessions in America^ to be exported to any other of such possessions or to the Uohed
kingdom, it shall be stated in such entry either that such goods are the produce of tk
British possessions in America, or that they are of foreign {HtMiuctioD, as the ease maj
be ; an4 if any goods, not being the produce of any of the British possessions in Amenca,
be stated in such entry to be such produce, the same shall be forfeited ; and that no pods
shall be stated in the certificate of the clearance of any ship from any British possessioD
in America, to be the produce of such possessions, unless such goods shall have been ex-
pressly stated so to be in the entry outwards ; and that all goods not expresslj stated in
such certificate of clearance to be the produce of the British possessions in Ameiica,
shall, at the place of importation in any other such possessions, or in the VrntedKingdmy
be deemed to be of foreign production.
XXIII. And be it further enacted. That the several sorts of goods bereinafter enume-
rated, havine been warehoused in the United Kingdom, (that is to say,) corn, grain, seeds,
meal, flour, oread, biscuit, rice, fruits, pickles, woods of all sorts, hemp, flax, tow, oakum,
pitch, tar, rosin, turpentine, ochres, brimstone, saltpetre, gums, drugs, TegeiaUes, oils,
burr stones, dog stones, hops, cork, sago, tapioca, spunge, sausages, cheese, cider, wax,
spices, tallow, being imported into any of the British possessions in Ameriea direct from
the warehouse in the United Kingdom, shall be so imported duty free; and that ksef,
mules, asses, neat cattle, and all other live stock, shall he imported or brought into the
said possessions duty free; and that tallow and raw hides brought by laDdorbjidaod
navigation into any of the said possessions, shall be so brought duty free.
XXIV. And be it further enacted. That upon the entry of any wheat to be wireioased
in any warehousing port in the British possessions in America, it shall be lawfal for the
officers of the customs, instead of requiring that such wheat shall be forthwith lodged in
the warehouse, to deliver the same to the importer or proprietor thereof, to be first grooal
into flour, and also to deliver any warehoused wheat to be ground into flour, under coodi-
tion, by bond to the satisfaction of the said officers, that within three months from the
date of the bond there shall be lodged in the warehouse, one barrel of good and merduD-
table flour, in return for every five bushels of wheat so delivered; and such floor so
warehoused shall be held to be flour imported and warehoused under the conditions m
regulations of the said last mentioned act.
XXVI. And be it enacted and declared. That nothing contained in an act passed in tbe
seventh year of his Majesty's reign, entitled, " An act to alter and amend the severulaws
relating to the customs," did or doth repeal, or shall be construed to have repealed, w
much of an act passed in the third year of his Majesty's reign, entitled, " An set to ^ep^
late the trade of the provinces of Lower and Upper. Canada, and for other purposes reiating
to the said provinces," as relates to the appointment of arbitrators to determine the clai^
of the province of Upper Canada upon the province of Lower Canada, or as /ria^
the powers and duties of such arbitrators, or to any award to be made hjAeoh^^^^^
payment of any sum by them awarded, or to the payment of duties made pay^Wc ^^^^
any act or acts of the province of Lower Canada, on the importation of any goods, w»^i
or commodities, into the said province.
PASSED IN THE FIRST YEAR OF WILLIAM IV.
CHAPTER IV.
An act to render valid acts done by the governor of any of his Majesty's /"^— _^ j^
the expiration of his commission by the demise of his late Majesty, and to «^^'
period unthin which the patents of governors ofcoUmUs shall, ^^^^^f^^fj^l
the crown, become vacant, and to provide for the longer duration of the poww' J *
vemars after the demise of the crown. ^ « igMi
Whkrkas on the demise of his late Majesty, King Oeorge the fourth, divers pe
were in the exercise of offices and employments, civil and military^ within his w J /^
plantations, colonies, and possessions abroad, holden under and by virtue ^^^^.^'L^Jei-
commiasions, warrants, or other authorities, determinable at bis said late Majesiy r
Digitized by VnUOQlC
BRITISH STATUTES.
6i%
sure ; aiMl wbefeatf, At the expiration of six caleDddr months next after the demise of hifl
said Majesty, such offices and employments as aforesaid will by law cease and determine,
and such patents, commissions, warrants, and other authorities, as aforesaid, will by law
be vacated and. become void; and whereas, by reason of the remoteness of divers of such
plantations, colonies, and possessions, it hath been found, and is, impracticable to renew
such patents, commissions, warrants, and authorities, so that the renewal thereof should
within the period aforesaid be signified and take effect within the said plantations, colonies,
and possessions, and the governors and officers administering the government thereof, and
other his Majesty's officers therein, must, notwithstanding the expiration of such their
commissions, continue in the exercise of the powers and authorities thereby in them vested,
in the same manner as if such commissions had not determined ; be it therefore enacted
by the King's most excellent Majesty, by and with the advice and consent of the lords
spiritual and temporal, and commons, in this present parliament assembled, and by the
authority of the same. That powers and authorities, whether vested in any governor,
lieutenant governor, or officer administering the government of any of his Majesty's plan-
tations, colonies, or possessions abroad, or in any officer or officers within any such
plantation, colony, or possession, by any patent, commission, or warrant, which hath
detenpined or will determine by the demise of his said late Majesty, shall continue in full
force and virtue until a new patent, commission, or warrant, for the administration of any
such government, or for the exercise of any such office, shall be issued by his Majesty,
or on his behalf, or under his authority, and until the issuing of any such new patent,
commission, or warrant, shall be signified and made known within the plantation, colony,
or possession, abroad, to which the same may relate ; and that all acts and deeds which
ahall in the meantime be done, shall be as good, binding, valid, and effectual, as if such
patent, commission, or warrant, had not been vacated or made void, and as if such office
or employment had not ceased or determined,
IL And be it further enacted, That no patent, commission, warrant, or other authority,
for the exercise of any office or employment, civil or military, within any of his Majesty's
plantations or possessions abroad, determinable at the pleasure of his Majesty, or of any
of his Majesty's heirs and successors, shall by reason of any future demise of the crown
be vacated or become void until the expiration of eighteen calendar months next after any
such demise of the crown as aforesaid.
All powers mitd in
50T«nMMrt of eokiBiM,
te. by patent or com-
mitsion of liia late Mft-
ietty to continao hi
force until new patents
•hnll be iMoed awl
made known in such
colooiei.
EKtendiag the period
atwhiekpetento sImU
beoooae determinable
at any fntnre deniee of
PASSED IN THE FIRST YEAR OF WILLIAM IV.
CHAPTER XXIV.
An ad to amend an ad of the eiocth year of hie late Majedy^ to regulate the trade of the
British posaeseions abroad.
[Pasted April 22, ISSl.]
Whbrkas by an act passed in the sixth year of his late Majesty's reign, entitled, '^ An
act to regulate the trade of the British possessions abroad,'' and by subsequent acts made
and passed, to alter and amend the said act, certain duties of customs are imposed on
articles of foreign production, when imported or brought into the British possessions in
America ; and whereas it is expedient to repeal some of the said duties, and to alter or
vary others of them ; be it therefore enacted by the King's most excellent Majesty, by
and with the advice and consent of the lords spiritual and temporal, and commons, in this
ju'esent parliament assembled, and by the authority of the same, That from and after the
fifteenth day of April, one thousand eight hundred and thirty-one, so much of the said
acts as imposes any duty in any of the British possessions in America, upon the importa-
tion or bringing in of com or grain unground, or of meal or flour not made of wheat, or
of bread or biscuit, or of rice, or of live stock, shall be, and the same is, hereby repealed.
II. And be it further enacted. That so much of any of the said acts as imposes any
duty in the provinces of Upper or Lower Canada upon the importation or bringing in of
wheat flour, or of beef, pork, hams, or bacon, or of wood or lumber, shall be, and the
same is, hereby repealed.
III. And be it further enacted, That so much of any of the said acts as imposes any
duty, in New Brunswick, Nova Scotia, or Prince Edward's island, upon wood or lumber,
shall be, and the same is, hereby repealed.
IV. And be it further enacted. That so much of any of the said acts as imposes any
duty, in the British possessions on the continent of South America, or in the West Indies,
or in the Bahama or Bermuda islands, upon wheat flour, or upon beef, pork, hams, or
bacon, or upon wood or lumber, when imported from any of the British possessions in
North America, shall be, and the same is, hereby repealed.
y. And be it further enacted, That upon the importation from any foreign country into
the British possessions on the continent of South America, or in the West Indies, or into
StliOeo. nr,e114
Refiealof dstiet uptm
tiM importation of eoim,
fre. into Britith po»-
•cttiont in America;
Of wheat flevr. Ice. in-
to Caaadai
Of wood or Inmber into
Nora Scotia, frc.;
And of wheat flo«r,frc.
from the British poe-
teationt in North Ame-
rica into the Weet In-
diet, Ice.
Dntiei ef Impertaties
from nj Ibieigii coon-
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648 BRITISH STATUTES.
SSmT^c-^ ^*^ ^' the Bahama or Bermuda islands, of the articles mentioned in the foUowing taUe, there
shall be raised, levied, collected, and paid unto his Majesty the sereral temporary addi-
tional duties, as the same are set forth in the said table ; (that is to say :)
TABLK OF ADDITIONAL DUTIES.
fltaTwaBdhMdto|r,uti]tlMflntdaTor JaBDMT, 18ai,theoMtho«M|id. OU 3
on and frcm Ui« fint of January. 1834, to Um nrst day of January, 1886, the ooe thooaaad, S T t
White or yellow pine lunber, nntil the fint day of Janvary, 1834, the ooe thmitaDd feet of ooe ineh lUck, S 7 0
oaaadfimthefintdajorjanoaiy,1834,totiie&ratdayof JaBiiaiy,1886»theoBethoataodfeetofone ii^ 6 0
oo^eMufiHiem^ VI. And be it further enacted. That the duties imposed by this act shall be raised,
hy i»citod1et"^'**^*'^ levied, collected, and paid unto his Majesty, in like manner as if such duties had been
imposed by the said first mentioned act, and bad been set forth in the table of duties
therein contained,
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INDEX TO THE UPPER CANADA STATUTES.
Page,
ACTS OP PROVINCIAL PARLIAMENT.
Commencement of, how fixed and ucerUined, 93
Diaposition of thone printed, - - . - - 110
The annual printing thereof to be charged in the contingent ac-
count, ....... S65
ADDINGTON AND LENOX.
Coanty of, formed and incorporated, ... 82
Township of Kaledar added thereto, ... 270
ADDISON, REV. ROBERT
Pension of £50 per annum granted him for life, - • 829
ADJUTANT GENERAL OF MILITIA.
Hit appointment, • . ' . . .. . isi
His salary fijted at £865 per annum, - - - 316
The salary of his as8i9tar«r fixed at £200 per annum, - 8S4
Allowance in lien of contingencies, £85 per annum, - 817
ADMINISTRATION, LETTERS OF
(See tiUe ProbaU and Surrogate.)
AFFIDAVITS.
Commissioners to be appointed to take, in cases where the testi-
mony of aged or infirm persons, or persons about to leare the
proyince, may be required, .... 291
Such testimony not to be receiyed, if deponent at the time of
tri^I is within the jurisdiction of the court, - - ib.
No person to be arrested or holden to bail in K. B. unless affidavit
be first made by the plaintifif, his senrant or agent, of a debt
being due of £5, ----- 289
The same in D. C of 40s. --..-- 296
False swearing therein made perjury, . - . 294
Fee for taking thereof, ----- ib.
To.be made previous to obtaining detaining warrant, 482
Of militia pensioners, - - - - - 273
Under heir and devisee act may be taken by commissioners
inK. B. - - - - - - - 484
AFFIRMATION.
{See Qiiaker»f attd Menoniets and T\tnker8.)
'^
AGRICULTURAL SOCIETIES.
Provision for establishing; of, , - - -
Any society subscribing £50 to be entitled to £100 annually, so
long as such subscription shall continue.
County societies to be entitled to an equal share of the bounty,
ALIENS.
Certain persons who hod come into the province from the U. S.,
taken the oath of allegiance, received fcnints of land, and who
deserted during the late war, declared aliens.
Governor may issue commissions to enouirc of what lands such
persons we're seized on the Ist July, JHI2,
Persons interested may traverse inquisitions within one year,
Claims of bona fide creditors, &c. of such persunit not to be
affected. {See forfeited estiUs.) . ' ' -
Governor to appoint commissioners, in whom the forfeited es-
tates, real or personal, »hall be vested, ...
No commission to be issued after 1st July. 182S,
Certified extracts to be furnished to tKc commissioners by the
clerk of the crown, - . . - -
Extract to be entered by the commissioners,
£.xtractof such entry, signed by two or more commissioners, to
be evidence in courts of justice, ...
Commissioners to cause rents and profits of such estates to be
placed in the hands of a special receiver, to be appointed by
the governor, _..-..
Special rrceivcr to be sworn, and give secudty.
May rctai.i £2 10s. per £100, - - -
Register of ff.rfeitcil estates to i>o open to public inspection,
Du|)licateof entries to be ^cnt to the clerLs of tlic peace oif the
district in which the real estate \\v<^ - - .
Manner and time of makinj;; claims to forfeited estates,
I low claims of infants, lunalic?', &.<:. to be made.
Claim to be in writing, signed by the party, and testified by tWO'
or more credible witnesfle^, - . . -
516
517
ib.
178
ib.
228
463
How commisaionert are to proceed,
Their decree to be final, unless appealed from within thirty daya, ib.
Chief justice and jndges of K. B. appointed commif tiooen of
appeal, --..---281
Mode of proceeding in examination of claim, - - ib.
Evidence produced to be on oath, .... ib.
In what manner sums decreed to claimants shall be paid, , ib .
Sheriff' to put claimants in possession of real estate decreed to
them, - - - - - - - ib.
fistates when to be vested in commissioners, - - 288
Commissioners to sell forfeited estates by auction, - ib.
Persons having held such estates without lawful title, to acoount
for the profits to commissioners, - - - ' ib.
In default thereof to pay double value, to be levied, &c. - ib.
Time of meeting : commissioners authorized to send for per*
sons, &c. -----.. lb.
After 1st August, 1821, to meet 1st Tuesday in January, April,
July, and November, onlj, unless to determine special matter, 278
Penalty on sheriff' not obeying orders of commissioners, - 238
Appointment of clerks, &c. by commissioners, their feet and
oath, - - - - - - * - ib.
Prov«'9ion for payment of inferior officers employed bycommia-
sioners, .-.-.-. |5_
Proceedings in appeal, - - - - - ib.
Charges of crown officers how audited and ^aid, - - 2994
Commissioners to take oaths and give security, • - ib.
Their remuneration not to exceed 20s per diem, to be paid by the
receiver, - - - - - - - ib.
Appropriation of nett proceeds, .... jb.
Commissioners under o9th Geo. Ill, c 12, may revise all claimt
brought before them respecting lands not sold under that act, 277
dtaim may be made withm six months, - - • ib>
Commissioners empowered to decree to their right owners, ee-
tates erroneously returned as forfeited, if not already sold, ib.
Provisions of 2d Geo. IV, c 6, to extend to persons who may
hereafter be found aliens by inquisition, - > 278
Where estates of aliens have been sold under executions, sarplaa
to be paid to the commissioners by sheriff', - • ib.
Deeds of bargain and sale to be valid, if executed by the majority
of commissioners for time being, ... ||y.
Persons who may have preferred claims, allowed to withdraw
^them, 807
Claims may be received at any time before sale, - - 468
Commissioners may rectify errors though estates sold, - ib.
Consent of purchaser to be obtained, - ' - - ib.
Purchase money to be returned, - - - - jfj.
Right of traverse reserved, - - - - ib.
Power given to commissioners to exchange lands where the
same may have been erroneously sold, ... 491
Lands relinquished by purchaser may be conveyed to the rightful
(wner, ....... 492
Where purchaser declines accepting the lands in exchange, par*
chase money to be repaid with interest, - - ib.
{See fuUuralixaiion act.)
ALIEN ACT.
Conferring on certain inhabitants of Upper Cenada the righta of
British bom subjects, ..... 477
{See naturalization act.)
Period for taking the oath required, extended to foot yean fron
16th March, 1831, and to the end of the ensuing aettion, 065
Clerk of the peace to read the act for four successive sitting* of
quarter sessions, after 1st July, 1831, ... jb.
ALE AND BEER.
Licenses to be taken out by persons keeping houses, for selling
of ------- - SM
Form of license, .----- |b,
- - ib.
ib.
'82
Two justices to grp.nt such licenses.
Quarter sessions may also grant them,
2s. 6d. to^be paid for each.
Security to be taken.
Form of recognizance,
Duties oh licenses, ...
Amount to be paid to receiver general,
824
ib.
M.
252
ib.
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Page.
Penalty for keeping ale hoiue without licenie, to be levied bj
dittreet, ------- 952
In defealt thereof, oiTender to be iomritoned, - • ib.
How reeo^sanees to be declared rorfeited, - - ib.
Upon foffieitnre, party disabled from keeping ale hooie for one
year, -.•---- jb.
During £un. persona may tell in bootlu without lieenae, ib.
Justices to determine nomber of ale hooaei, • ib.
Continued for four years, . - - . . 411
AMl^ERSTBURGH.
Police regulations to be established in, - • - 210
Market to be established in, and wharfage fees, 549
AMHERST ISLAND.
Township of, formed, ..... g2
AMELIASBURGH.
Township of, divided into two townships, the soath port to be
called HUlier, 889
ANCA8TER AND FLAMBOROUGH WEST.
To establish line between townships of, • - - 9B6
APPARATUS.
j&lOO appropriated for purchase of instruments for illustrating
the pnnciples of natural philosophy, ... 12S
To be deposited in the hanos of a person employed in the educa-
tion of youth, .-.--- ib.
APPEAL.
Court of, established, ..... 51
Judges below, if members of, may a«sign their reasons, but not
vote in appeal, ...... ji,.
Limitation oT appeals, ..... i|>.
Appeal to governor and council in cases exceeding jClOO, ib.
When appeal shall lie to the King in council, - • 52
APPEARANCE.
Appearance in D. C. may be entered by plaintiff for defendant, 296
Form of appearance and pleii in D. C. - • • ib.
In K. B., defendant may enter his appeannce withm eight days
after return of writ, ----- 289
ARBITRATOR AND SECRETARY.
Remuneration to, on subject of distribution of dwties eoHeeted
in Lower Canada, . -. . ' . ggo^ 490
ARREST, PERSONAL
No person to be arrested or holden to bail for a sum under £5 in
K:B. 289
Ca. ad. res. akid ca. sa. m^j issue in D. C. in all actions of eon-
tract within its jurisdiction, .... 296
Jud^s in K. B. may order arrests in certain cases, - 290
Justices may issue detaining warrants in certain cases, - 482
Persons may be held to bail, by commissioners of customs, or in-
ft)rQKition for penalties, ..... 968
ARTS, USEFUL
Act to encourage progress of ... - 465
Inventor of any useful art may procure patent for same, - ib.
Inventors ofimprdvements on, to obtain patents for improvements
only, ....... ib.
Steps to be taken to obtain patent, .... ib.
Remedy for infriagement ot patent, &c. - - • 406
ASSEMBLY, HOUSE OF
Act for payment of officers of, and contingent expenses, - 47
Member of, accepting office of register, to vacate his scat, but
may be re-elected, --.... gg
Persons having resided in n. foreign country, &c. not eligible to
be elected unless they have resided in U. U. seven years before
the pending election, ..... 341
Penalty on such persons ofTering as candidates, or who if elected
shall presume to sit, ..... ib.
Persons having abjured allegiance to his Majesty, or held certain
offices in the U. S. kc. disqualified, ... ib.
Qualification with respect to estate, ... Jb.
Oath, candidate may he required to take, ... ib«
Oath as to residence required in certain cases, - - 342
By whom such oaths arc to be administered, • - ib. .
Election of candidates refusing to take, made void, - ib.
Fee for administering oath andgiving certificate, - - ib.
How fines imposed by this act are to be collected and applied, ib.
Swearing falselv made perjury, .... 343
Every member having attended, to receive warrant from speaker, 104
Member mav demand of justices not exceeding lOs. per day,
which shall be levied by assessment, ... ib.
Where member re2)rc8ents part of two or more districts, to re-
ceive warrant to justices of each district, - - 106
Provision for increasing number of members, according to popu-
lation, 258
Counties containing 1000 inhabitants to be represented by one
member; 4000 inhabitants, by two members, • - ib.
Towns in which Q. S. are holden, and that contain 1000 souls, to
have one member, ..... ib.
Provision for ascertaining number of inhabitants, {see centua aett)
When uuiveriity established, to h;ive one member, - ib.
By whom such member shall be elected, ... ib.
Not to lessen number of members now to be returned for any
county, nor make it necessary to issue new writ on account of
increase of inhabitants since last election, - - 259
Counties oontMiiing less th«i 1060 soolf, ittMhad to mbI a^aiii-
ing county having smallest uvAber of *'T*'*'**t*"lT, - 29
Inhabitants of towns distiDgoished fran those of oouftioe m tto
returns, .--,-.. jfc.
No person to rote in town and couty oa same piopoitt, ah.
Inhabitants of towns seadiag nenber, not to bo iBelMM laMg
inhabitants of counties, ..... j^^
ASSESSMENT.
To be made for payment of wages of menbefs of H. of A., MC
What shall be deemed rateable property from 1st Mond^ is
January, 1820, 145
Property of the King excepted, - • - • 210
Crown and clerg v reserves actually leased, to be assessed, ib.
List to be taken by assessors, .... {^
Particular specification of land, .... |^.
What lands subject to rates, • - - • ibw
Town lots divided: each part on whiehahuldiag shall bo oract-
ed to be deemed a lot, ..... ^
Compensation to assessors, - - • • Sb.
Assessments to be imposed and apportioned by Q. 8. - ibu
Clerk of the peace to fumiah each colleetor with ^rritlMi copy
of assessment roll, ..... %ff
Limitation of assessment to one penny in die pomd, • ib.
No new assessment, except in certain eases, - - ib.
Punishment of officers for nedect of doty, - - Ac
Punishment of persons not deliverii^ trae lists to anwossofi, ib.
How fines to be levied and nccoonted for, • • ib.
In case of refusal to pay rate, same to be leriod by ilistiiisi, 3».
Compensation to coileetors five per eeet., ... ib.
Money received by them to be paid to the treatorer, • ib.
Schedules of granted and leased lands to be fiimished bj^gT*
vevor general to treasurer of each dutriet by 1st Jo^, 1881, t/B
Lands described in schednlesy KaMo to asoeasmeets imtbcr oc-
cupied or not, ...... 2IS
How rates to be eoDeoted in respoet to lands eot letvaed oe
assessment lists, ...... jb.
Distress and fees on, ..... ^
Treasurers to keep accounts of assessed lands, cheiginfttbeirtw
imposed, and same to be k*ept open for inspoetkm on ^ 1st
and 8d Monday in each montn, . - - • - ib.
His fee for search, ...... jb.
Rates to accumulate if suffered to remain in ancar beyimd ear-
tain periods, ...... i^
Persons residing in townships, Aot holding town meetmgs, to be
assessed with inhabitants of adjoining township hamag fte
least number of inhabitants, .... ib.
Aggregate account to be transmitted to licnteaant geveiuer Vy
Clerks of the peace, • - . . . ib»
Treasurer how appointed, ..... ik.
Security to be given by, - - . - . S49
His duties, fees : to account for all momeSh - - ib.
Certified copies of accounts to be sent by bim to lieetcamit
governor, ---..-. ifc.
Treasurer removable from office at tb» pleasnie of tin jvstieea, ib.
Compensation to surveyor general, - . . . ib.
Certain parts of 69th Geo. HI, e 7, made perpetual, - 9»
Owners of townships to make returns of the surveyed parts fhere-
of, under penalty for neglect, .... WT
Modeofrecovery and distribution of such penalty, • - ibu
Returns to be entered by treasurers, and lands so retoraed to be
chargeable with r%tes, ..... ib.
Treasurers to make returns to first q. S. alter 1st July, 1818, of
all lands on which assessments shall be eight yean u anear, ib.
Clerks of the peace to make^ut writs for levying assessments in
arrear, by sale of portion of lands on which rates are chazgee-
ble, if no distress be found, .... 998
Such writs, when returnable, .... ib.
Monies levied paid to treasurer, • - - - ib.
Treasurer to advertise such lands in the V. C Oasettc and in
some public newspaper of the district, ... ib.
If no newspaper published in the district in which bnds lie, te
affix a list thereof in some public place in the township, ib.
After receipt of writ, sherifi'to advertise lands SnGasette and la
all the newspapers of his district, . - - Ib.
If no newspaper m district where hmds lie, notiee to be pet up on
door of court house, &c., . . . . ib.
No sale to take place until writ has been six months in sheriff's
hands; nor out of townships in which lands lie, unless inhabi-
tants too few to hold town meetings, ... 998
Manner of sale and terms thereof, . . . ib
How lands sold shall be apportioned off, - - - ib.
Discretionary power given to sheriff to alter mode of sale, A.
No greater interest in crown and cleigy reserves to be sold than
possessed bv lessees, ..... 9S9
Sheriff may adjourn sales, and re-sell lands not paid for, ib.
Purchasers to be let into posse8sion,on psyment of sssessment does, ib.
Owners of land may within twelve months from time of sale, re-
sume |heir lands, on repayment of taxes, costs, and twenty per
cent, in addition, ...... ib.
Treasurer bound to pay purchaser amount so paid, on demand, ib.
If land not redeemed within twelve months, sheriff to execute
conveyance to purchaser, free of any charge, • - ib
Sheriff's certificate may be registered in hen of a messorial of
conveyance, -.-... ib
Registers to enter transcript of convinces on record, and to
grant certificate thereof, which shall be sufficient registry, ib.
Fee to register 28. 6d., and no more, - - - ib
Treasurer neglecting to n^akc returns for two courts of Q. S. af-
ter same ought to be made, on conviction thereof at the amlsce,
to forfeit his office, and justices forthwith to appoint nolber, ib.
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Pagt.
If jflitieM negleet to appoint tiMMitr, goT«raor «My buJco the
appotntiiieiit, ...... 309
Bales not to be aroided for neglect of offieen adhering to the
formt established] but offieen to be answerable to partj ag-
gricTed, ----.-- lb.
Sheriffs to pay orer all monies collected to treasurers, - ib.
Fees to treasurers, ••-... ib.
Fees to clerks of the p^ce and sheriffs, - • ' - 400
Treasurers to gire receipts to persons paying taxes, - ib.
Form of writ to seU lanas for assessments, * - 401
Form of sheriff's deed, ..... ib.
Persons, in certain cases, ma^ pay treasurer of district in which
they reside, taxes on lands in otner districts, - - 464
Treasurer to gire receipts for monies so paid, on receiving five
per cent, on such rates, for his trouble, - . lb.
Treaauren to keep separate account of such monies, and to trans-
mit to treasurer of district in which lands lie, copies of such
accounts, verified on oath, .... 455
Sune time to transmit monies so received, - ib.
Treasurer receiving monies from other treasurers, to credit the
aeveral lots with same, and to return within ten days receipt '
therefor, ----__, Jb.
No greater accumulation than fifty per cent to be charged, when
assessments shall be paid before 1st July, 1829, > ib.
In all cases hereafter, fifty per cent, only to be charged where
assessments are in arrear longer than fire years, - ' ib.
Arrears of assessments paid by 1st of July, 1828, liable only to an
increase of fiftypercent. for the first nve years, - ib.
After 1st July, ISW, treasurers not to receive taxes for lands in
other districts, if in arrear more than six years, - ib.
In such eases, assessments must be paid in district in which lands
lie, ------- - ib.
Treasurer not to receive partial payment where more than eight
years' taxes are due, ..... n.
Penalty for neslect of duty in treasurer, ... ib.
Justices in Q.lS. bound to ascertain that treasurer has cor^rectly
diseharged his duties under this act, ... 403
Treaanrers allowed to 1st July, 1829, to make their returns, ib.
Relief afforded where asaessments paid have not been credited, ib.
Proof supplied where party, who has made suchpeyment, is dead, ib.
ASSESSORS.
Election and duties of, ..... ^5
Penalty for neglecting or refusing to be sworn into office, - 86
Any two justices may in special sessions fill up vacancies in case
of refusal to act, ...... j|,
Period of exemption from office after serving same, . 87
Their duties in taking the assessment lists, - . 246
To demand a list of^rateable property from each inhabitant an-
nusdly, -..-... jb.
To subscribe same, affix a copy in some conspicuous part of the
township, and transmit same to clerk of the peace, - ib.
Comnensatton to, ...... ib.
Penalty for neglect of duty, .... £47
385
Sheriffs of Eastern, Midland, Western, and Home districts, to
return pannels of jurors for trials of causes at assizes, at stated
periods, - • , „• ' " - 68
Process at, in criminal cases or mdictments, - > 182
ASSIZE AND NISI PRIUS.
Commissions of, in Home district to issue after Hilafy and Tri-
. nity terms, and to be tested the last dav of those terms, 71-2
In no case to be opened sooner than eig^t days from the end of
those terms respectively, .... 72
To be held in district of Gore, • - - • 200
Commissions of, to issue yeany into the several districts, and
when circunutances require it, twice a year, - • - 292
Judges of, may take bail, ..... 294
ASSIZE OF BREAD.
To be fixed in the several police towns,
ASSISTANT ADJUTANT GENERAL.
iS200 granted to his Majesty for salary of,
ATTACHMENT.
iSte Probate and Swrogatt.)
ATTORNEY GENERAL.
Exempted from serving in the militia, except in time of actual
service, ....... 135
ATKINSON, JAMES
Authorized to convey a certain piece of land in the township of
Kingston, to trustees, for a school house, - . 461
Trustees to be British subjects, .... ib.
ATTORNIES.
Governor may appoint a certain number, not exceeding sixteen,
to practise, ......
Names to be entered on a roll, and all whose names so entered,
and no other, to receive fees as sach, ...
Names may be struck off the roU, for any malversation or corrupt
practice, .----..
Secretary to receive 40s. for each license.
Cleric of the crown to receive I8s. 4d. for inscribing each name.
Names of persons authorized by ordinance to be enrolled s<^tis,
No person to be admitted to practise under five yeai's actual
service, and to be of full age, .... 903
(>rdinance of Quebec, so far as relates to barristers, advocates,
attomies, or aolieitort, repealed, - - - 73
i>ar«.
May have four clerks at one time, .... 12^7
Persons whose names were on the books to be deemed to have
been regulariy entered, ..... 135
Relief afforded to barristers, attomies,and students, not regidaily
entered, in consequence of the late war, - - ib.
To take out annually before the first day of Michaelmas term,
certificate from clerk of the crown, of their admission, 815
Cleric of crown to grant certificate, on production of receipt from
treasurer of law society, for any sum not exceeding two guineas, ib.
Attorney neglecting to take out certificate on fist day of Mi-
chaelmas term, to pay four guineas , and a penalty of J^O, if he
practise without, . • . - • . . ib.
Persons admitted irfter first day of Michaelmas term in any year
not required to takeout c^ruficate until next Michaelmas term, ib.
No attorney to trade as a shop keeper or merchant, - 294
AUCTIONEERS.
Required to take out licenses, and when, ... 219
To pay £5 for the same, ..... ib.
Fee to the collector {quere, ofcustoma) 6s., - - ib.
Penalty for not taking out license, he. and how to be recovered, ib.
Duties on goods sold by auction, to be paid by the auctioneer,
two and a half per cent., ..... ib.
Bonds to be given by, and accounts to be sworn to, - ib.
Shenff's sales exempted from duties; and other exceptions, 220
Auctioneer may make it a condition of sale that the purefaaser
shall pay the duties, ..... jb.
Distribution of penalties, ..... ib.
Collectors to render accounts and transmit monies, - ib.
Collectors may retain five per cent., - - • ib.
Appropriation of duties and limitations of actions, - ib.
Continuance of the act four years, ... 220, 328, 460
BAGS.
Sent to mills to be marked, and mark made known to owner or
occupier of the mill, ..... 32
BAIL.
Circumstances under which defendants held to special bail sliall
be entitled to costo, 149
Commisfiioners for taking, to be appointed, - - 294
Justices of K. B. to make orders ror justification of bail before
' commissioners, ...... ib.
Judges of assize may^ take recognizance of bail, • - ib. -
Condition of recognizances of bail, - ' - - - 260
Mav surrender their principal in dischai^ of themselves, to
sheriff, who is bound to receive him, aud give certificate of
such surrender, - - ... . . ib.
Defendants may put in special bail in vacation, - - ib.
Defendants may oe held to bail in actions pending, . jb.
Fees to be estaolished by the jadees, - - - ^4
The like course to be pursued in D. C. as in K. B., • 296
BANK OF KINGSTON.
Act for incorporation of, forfeited by non user, - 255
BANK OF KINGSTON, THE PRETENDED
(See KmgMton Bank.)
BANK OF UPPER CANADA.
Act to incorporate, ...... 283
Number of shares not to exceed sixteen thousand: each share to
be JC12 10s., ....'.. ib.
Books of subscription to be opened in certain towns, - ib.
Government authorized to subscribe for two thousand shares, ib.
No person to Uke in the first instance more than eighty shares, 2fi4
Ten per cent, may be required as an immediate deposit, and re-
mainder payable by instalments, not exceeding ten per cent., ib.
If insUlments not paid, money previously paid to be forfeited, ib.
If stock not subscribed in two months, persons may increase
their number of shares, ..... ib.
If the subscriptions should exceed the capital stoek, subscriptions
of those holding upwards of ten shares to be proportiooably re-
duced, ib.
No limitation in (he number of shares to be owned by any indivi-
dual, after bank in operation, .... 264
Stock not to exceed £200,000, .... ib.
Number of shares reduced to eight thousand, and capital to
£100,000, - . - . . . . 322
First bnard of directors to serve until June, 1822, - 304
Bank may commence business on £10,000 being (laid in, ib.
Fifteen cfircctors to be appointed, one of whom to be nresident, 264
Directors to hold their offices for one year, to be subjecU of his
Majesty, ---..,. jb.
Election of directors to take place on 1st Monday in June in eve-
ry year, at seat of government, - - - - ib.
Governor ma}r appoint four of the fifteen directors, - 822
Mode of election, and how vacancici to be supplied, - 265
Directors to have at least twenty shares, - • • ib.
Corporation not to be dissolved by non -election of directors on
the proper day, ...... ib.
Stockholders to vote according to number of shares, - ib.
Half ye&riy dividends to be made, .... |b.
Accounts to be rendered of debts, losses, &c- - - ib.
Directors may make i-ules and regulations, . . jb.
May appoint and pay clerks and servants, ... ib.
Debti never to exceed three times amount of monies actually
paid into the bank, ...... ib.
In case of such excess, directors in whose time it shall happen
shall bo personally liable, ..... ib.
Certain exceptions to the last rule, «• . . . ib.
No bills or notes under 5s. to be bsned, - - y*-^ 268 * T
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B«iik to hoM no bud, exeopt M meBtioMd,
Not to doal in marcbandiso, &o..
Certain exceptions to last role, ....
Siiares may oe tiansfeired, .....
Bills of credit nnder seal of the bank, made assignable,
Bills or notes assignable or negotiable, ...
Cashier and clerk to give securitT, ...
Bank to take no greater interest toan six per centnm per annam.
Directors to baTe no emolument, except the president,
Seym directors, of whom president to be one, to form board.
Directors, in case of absence or sickness of president, may choose
chairman of the meetinr, ...
Branch banks may be authorised li}r the directors,
When bank refnses payment of their bills, its proceedings to be
closed till payment resumed, ....
Annual returns, if required, to be made to the legislature by the
l>rvsidcnt and cashier, . . - - -
The act declared a public act, ....
Non nser before 1st January, 1822, not to occasion forfeiture of
charter, • - - . -
Monies appropriated for making Burlington bay canal, to be lodged
in hank of U. C on account of the commissioners, and to be
paid to their order, ....
Fftnda of the Welland canal company to be deposited therein,
•abject to the />rder of the boaitl of directors, signed by the
president or vice, countersigned by the eecretary (M the board,
tor the time being, .----.
ib.
ib.
ib
ib.
286
ib.
ib.
ib.
ib.
ib.
ib.
ib.
267
ib.
ib.
4ao
894
BANKS.
Act to prohibit such as do not redeem their notes in specie, from
carrying on business in U. C {Expired.) 965
BANKRUPT LAWS.
Not introduced into the province, .... go
BANISHMENT.
Substituted for transportation, .... 88
Provision in case of return from, or being found at lai^ge in the
province before the period is expired, ... jb.
BALDWIN. W. W.
Act to enable him to carry into effect the will of Laurent Qnetton
St. George, 594
BARGAIN AND SALE.
RegistiT of deeds of ..... 61
Form or memorial for registry of deeds of - « 64
{See RegUttr Office.)
BARRI8TEB&
{See Law Society.)
BASTARD CHILDREN.
Act to prevent operation of 21st Jac. I, c 27, in this province, 402-3
Women charged with the murder of their bastard children shall
be tried as in cases of murder, and by the same rules of evi-
dence, ------. 408
Jury on a trial of such charge ma^ ftnd a verdict that the birth
was concealed, which shaU subject offender to punishment as
for a misdemeanor, ..... ib.
BATES, GEORGE
Act for his reUef, under 54th Geo. Ill, c 9, 385
BATHURST DISTRICT.
ConrU esUblished in ..... 818-14
Former provisions relative to common schools and privileges of
other districts extended to it, - - - - 814
Justices of the peace to hold a special sessions immediately after
the passing ot this act, for the purpose of licensing public
houses, .---... ib.
Courts to be held in the court house, Perth, in • - ib.
Periods for ho ding (^. S. district court and surrogate court, ib.
Distribution of rates for 1822, and of monies due between the
districts of Johnstown and Bathorst, ... ib.
Provision for the payment of sheriff oi - - - 3S3
Provision for the support of common schools in - ib.
jClOO granted annually for teacher of a public school in 884
AND PORK.
Appointment ol inspectors of - - 119
Oath of inspectors, ...... ib.
Not to be dealers in beef or pork, ... - ib.
Quality of the beef to be packed, .... ib.
Manner of sorting it, ..... jb.
Barrels to'be branded, and in what manner, ib.
Mode of pickling beef, • . • - <• ib.
Quality and 8i2^ of barrels for pickling beef, - • ib.
Beef or pork barrels packed for foreign market to be branded
with weieht, inspector's name, name of distriet where it was
inspected, and also the addition of ' Upper Canada,* in legible
letters, ..----. ib.
Inspector not to act out of his district, - - - 120
Penalty for refusing or neglecting to inspect, - - ib.
Fees of inspector, --.--. ib.
Penalty for negligence or fraud in inspecting, - - ib.
Penalty for intermix ine^ beef or pork after branded, - ib.
Penalty for counterfeiting brand mark, ... ib.
Quality and size of the barrels for packing of pork, - ib.
Quality of the pork to be packed and manner of sorting it, ib.
Manner c f pickling pork, ..... ib.
Certificate to be given by the inspector, ... ib.
No person compelled to have his beef or pork inspected, ib.
Fines and foifritores how reeovcnible and disposed cf, \
Limitation of time for commencing actions for anv thins dun »
pursnaaeeof 46thGeo. Ill,e8, - '. .^
BEER HOUSES.
{Set Ale and Beer.)
BENEVOLENT FEMALE SOCIETY. AT KINGSTON.
£100 granted in aid of its funds, - ' - - M
BEVERLY, TOWNSHIP OF
Gore of land adjoining it, added thereto, -VI
BEADLE, CHAUNCEY
Act grantins; him exclusive privilege of nuuuB|; line of itim
between Ancaster and Sandwich, for twenty-one jun fra
17th February, 1827, on certain conditions, Q
BEIKIE, JOHN
Act to remunerate him for services as clerk to comnuttiosen.
under 45th Geo. Ill, c 2, s
BILLS OF EXCHANGE.
Persons forginj^. &c. foreign bills, ke. orntterinr falie.fomi
or counterfeited bill of exchange, &c. gufltv of felony, and
punishable by fine or imprisonment, cocporaJ psfiiihsttit, v
banishment, - - - - • - 19
No person shall engrave plates for foreign bills of arhu^ kc.
nor print them, without written authority, or kntibcttae id
his custody without lawful excuse, • • - ib.
Punishment therefor, - - - • • 160
Persons indicted shall not be allowed to travene to a soWtpiot
assize, - - ' • - - • • ib
Certificate of former conviction, to be evidence on trial for Keeed
offences, - - - - . . . jV
Houses of suspected persons may be searched, ib-
Actions against persons for any thing done in parsoaBce of 50th
Geo. Ill, c 4, must be commenced within three montbs, 161
General issue may be pleaded, and 50th Geo. Ill,e4, giren la
evidence under, - - ~ . . - k
Defendants in certain cases to have treble costs, • A
Ordinance of Quebec, 17th Geo. Ill, relating to btlli of exchiajte,
repealed, - - 16
Damages and interest on bills drawn by pcntoBsintluiproriiee,
on persons in Europe or the West Indies, sod ntnraed pn-
tested, ten per cent, and six per cent, interest oe ^meipil
sum furnished, - - . . . . ib.
Damages on bills drawn on persons in North Ajneriafrarper
cent, damages, and six per cent, interest, ^
Bills, &c drawn by and on persons in this province, if protMted
for non-payment, to be subject to six per cent ioterat bm
date of protest to time of payment, • . i^
Expenses of protest by whom to be paid, . . • ib
Interest on loans of money, &c. fixed at.six per ceot ^
Penalty for receiving higher rate of interest, aad bow reeOTered, ft
Small notes and inland bills rendered legal, ^
2d Geo. IV, c 12, to have no retrospective operatioa u mptoi
. forgery, he - ....•>>
BILLETS.
{See Militia.)
BILLIARD TABLES.
i;40 to be paid annually for licenses to keep,
Form of license, - . . -
Form of requisition for obtaining of license.
Date and expiration of such licenses.
Fee to inspector for issuing of the same,
Application of fines and forfei lures,
BINBROOK, TOWNSHIP OF ,
Act for settling by arbitration certain dlfficnltieitWta»*«™"
between persons owning land in eighth conceifi« « *^™T^
and persons owning land in first concessioa of Kmn<*^ ^
through mistake may have made impfoveai«t»oorwp»"'"
eighth concession of Saltfleet, - . • ' '"
BLANC HARD, JOHN «
Act for his relief, under 5ith Gen. Ill, c 9, -
BOUNDARY LINES. .. ^
Monuments to be placed at the comers, &c. nfeech towMWP»" ^
concession, *"*'!/ htovg
Lines therefrom to be the permanent boundary lines of lacfl iw ^
ship and concession, - - • ' i ft.
To be under inspection and orders of surveyor general, ^
Effect of such boundary lines, - • * i lack
Capital felony knowingly or wilfuBy to pull dow, «c- «" ^
monuments, - - " * '. lb-
How tlie surveyor general shall proceed, * 'g i
Anplirationf. frr erection of monuments to bemsdetouie'j- ^
Dy thirty freeholders, - • " ' ] ib
Expense of erecting monuments, how defrayed, * ^'^^
Prori* Ion for the collection of the expenses, where perw- ^
ate ftbKent from the township, - " ' . , 235
Ordinance of Quebec rcupectingland swrv^P"*'^. -«,cm-
What to be the unalterable boun<!?.ry lines of totmfh«p' '^ ,y
sions, and lofs, - - - " ' . *
Course of division and side lines, howtobeninom. ^
The course of th6 side line from which the lot« ntff»wr. ^^
the governing line, and all side lines in the s«ne coatess'. ^
be parallel thereto, - - " '
Certam exceptions to this rnle. rix :
IS
ib.
ib.
ib
ib.
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IVDBX TO TBB UPPSB CaHADA SvATOTBt.
6n
'X
TowMbJp of Cnnalit, N. D. ...
Part of FrcdenckslmiKli, M. D., ' " " " JiJ
TowQtbipof UtDOMUr, E. P., - " , 1. " IS
Thirteenth coDcei»ioii, township of Townsend, L. D., - 414
How the cide lines of lou aseertained, when patenU hare issaed
embracing severml lots, r , " T . ' , " ^*
How surreyon are to proceed where the onginal posts or mono-
meaUare lost, - - - . ".'.," i ^ ^^
Mode of proceeding when actions of ejectment broa;iht for land
improperly occopied in conseqoence of enroneous surreys, ib.
BONDS. , ^ .
Bonds or other contracts resemng a greater interest than six per
cent, declared roid, ' * ' " " 1?2
To be giTeo by auctioneers, ----- 219
{See Probate and Surrogate.)
BOATS, ^ ^ ^ r
And other craft, may be taken for goremment purposes on emer-
gency, 1«
BOARD OF EDUCATION.
(See Sehoole.
B08WBLL, JOHN ^^
Art for the relief of, - - ... 836
The court of K. B. may in its discretion admit him as an attorney, ib.
Law society may in its disentioo call him to the bar, ib.
BRIDGES.
Bridges and eansewsys not to be less than fifkeen feet wide, 154
Trees standing on unenclosed and unimproired lands convenient
to bridges, maybe taken byorerseers to build and repair
bridges and causeways, ' ' ' ' ' J^i
Penalty for destroying fences and railing of bridges, - 165
InhabiUnts of townsbipt of Maiden und Sandwich to keep bridge
over the river Anx Canards in repair.
Penalty for refusing to work on saicf brid^, &c.,
By whom the bridges in the counties of Essex and Kent are to
be kept in repair, - - ' . ^' ,^ '. ^. *. , ^^
To be erected over the Tcnge and Irish creeks m dutrict of
Johnstown, - - -. ; - - ^
Ap»rt>priation for certain roads and bridges in 1826, - 4Z7
£100 granted towards erection of bridge over Olanibe river, in
district of Newcastle, ' ' - ,^' ' fSS
£13.660 appropriated for roads and bridges in 1830, -• 526
£1,183 9s. 8d. granted to make good the like sum advanced by
the lieutenant governor, for the erection of bridges across the
Don and Humber rivets, ----- 589
Monies remaining unexpended of the appropriation of 1880, how
to be applied, .----- 590
£20,000 appropriated for roads and bridges in 1831. - 574
{See Htgkwaye.)
BRIDGE
Aoroas the great CaUraqui, near Kingston.
{See Cataraqui Bridge Con^any.)
BREAD, ASSIZE OF
Act for regulating in police towns.
895
BROCKVILLE. . ^^ ^
Gaol and court house fordistrict of Johnstown, to be erected w, 888-8
Justices in session allowed to levy assessment for, - 889
Not to exceed five years, and not more than one penny in the
pound, ------- ib.
Justices may raise a loan for, not to exceed £2,500, • ib.
BRUNSWICK, NEW
£1,000 granted to relieve the sufferers by the late fires in, 402
BROCK, GEN. SIR ISAAC
£1 ,000 granted for the erection of amonnmentto thememory of, 187-^
£600 in additi.^n erantrd to complete the same, - - 480
How fines applied and accounted for, ... §gj
His Majesty's goTcmment may enlarge the canal to admit Ttaada
of war, on contributing towards the expense, - - lb.
His Majesty's boats, vessels, &c. to pass free, - lb.
Canal to be not less than twelve feet deep, and seventy-two fe«t
wide at top, --.--. ifc.
Commissioners not to contract for any part, unless the whole can
be done, on the intended scale, for £8,000,
machine for deep-
' « to be taken at
Ib.
ib.
ib.
BURLINGTON BAY CANAL.
Act to provide tor tnaKing r.f, to lake Ontario, - - 818
£5,000 to be raised by loan upon debentures, to be issued by the
receiver general, redeemable in not more than sixteen yean, ib.
Forging or altering such debentures made capital felony, ib.
Receiver general to transmit to the governor, to be laid before
parliament, an aceountof the debentures so issued, &c. 819
Interes* on debentures payable half yearly, - . • ib.
6ovemor to issue half yearly warrants for payment thereof, ib
Comi>ensation to receiver general, - - - - ib.
Appointment of commissioners and their duties, - - 522
Governor to appoint a toll collector, who is to account on oath to
the receiver general for all goods and craft passing through the
canal, - .' - 880
AH monies to be paid to the receiver general ; toll collector to
retain five per cent, for his trouble, . - - ib.
Table of tolls and dues, - ... - ib.
Alteration in, - - • - - - • 473
Further alteration in, . . - - - 620
Tolls to be charged in provincial currency, not in steriing, 473
Boats, &c. to pass and repass once for each payment of toll, 820
Drawbridge to be erected over the canal, toil u'ee, - ib.
£3,000 further authorised to be raised by loey, under same regu-
lations as the former appropriation, ... 867
Commissioners may make regulations from time to time, affixing
copies thereof in not less than three public places near Burling-
ton bay, - - - -*^ ."^ . .^* ib.
Infringement of such ragulatious how punished, ibb
68
• £2,000 appropriated for purchase of dredging
ening channel in Burlington bay, said
its appraised valu », ..... ^m
How appraisers to be appointed, - - . - |b.
To report on its value, and amount so reported to be paid by
warrant, ------- §k.
Security to be given by contractors, to deliTcrup said maehino in
good order, on completion of the canal, - - • ib.-
£8,000 further to be raised by loan on debentures ; mode of iMuing
and paying the same, ..... 4B9
Governor to appoint civil engineer, to superintend the work, 409
Monies appropriated under 6th Geo. Iv, c 19, to be paid into
bank ofU. C. on account of commissionen, and to m paid to
contractor, on engineer's estimate, - • - ib.
Estimate of the work done to be made on oath, and alto of the
cost of completing tlie work, .... |b.
Contractor to be remunerated for ai^ exeees of estimate above
sum received, --.-.- ib.
Sums in hands of commissioners to be paid over tosmediately to
contractors, who are to give security, - - - ib.
Arbitrators to be appointed for estimating actual raloe of labor
and material* employed in making harbor at Burlington bay, 479-S
Powers and duties of such arbitrators, ... 4ff%
Sum awarded, to be paid by commissioners out of monies hereto-
fore granted for making said harbor, - - - ib.
Award to be made on or before 1st June, 1828, - • ib.
Compensation to arbitrators, .... ib.
Tolls not to be lowered until loan and interest paid olT, - 521
£5,000 more to be mised by loan on debenture, - • ib.
Receiver general to issue debentures for the loan* - ib.
Tolls to be applied to redemption of debt, - - • ib.
Collector of tolls to receive percentage, - - • ib.
Provisions of 7th Geo. IV, c 20, to be applicable to debcntares '
issued under 11th Geo. IV, c 12, - - - - ib.
No poundage to be paid receiver general out of loan, -. ib.
Warrants to be issued for payment of debentures, - - 582
Specification to be prepared and wock to be let out by pnbUc
tenders, . . - -
Security to be given for completion.
Commissioners to draw upon receiver general for OMaay to pay
contracts, -------
Arbitrators to be named in contract, to whom disputes reepecting
its fulfilment shall be referred.
Commissioners may adjourn their meetings, and appoint a |
dent; may make contracts for repairs.
Each commissioner to attend in succession the daily progrMa of
the work, ------.iBH
Commissioners to report annually to lieutenant governor, 528
Commissioner* to appoint saperintendent; his duty, - ib.
Collector of tolls may appoint a deputy, ... |b^
Ninth clause 4th Geo. 1 V, c 8, repealed, - - - ib.
£666 17s. grunted to J. H. Dunn, for uMmies advnneed to vaaovu
obstructions in (he canal, . . • - • ggff
£2,aM56 I3s. 9|d. granted to remunerate J. G. Strowbridgn §eit
work done to the canal, • • - • - 591
BURIAL GROUND.
Public, at York; certain trustees authorixed to hold had for, not
exceeding six acres, • - ... 4S|
How trustees chobcn, ... - - • ib.
May make rules, &c. not repugnant to the laws of the proriMt, ib.
BURFORD. TOWNSHIP OF
Triangular tract, called ' Towaaend gon,' added to it, • 88
CANADA COMPANY.
Acts for the incorporation of,
{See the BnOeh Aete,}
CANALv WELLAND, COMPANY.
Incorporated, ...... B8B
Act repealing part of, and extending provisions of Ibniier act, S9B
Act repealing, explaining, and amending former acts relating to, 421
A loan of £&,000 authorixed to the company, • - 428
Act to enable coropjiny to accept an aio from government, and
to secure his Majesty free use of canal, - . . 437
£50,000 public stock to be taken in said company on certain con-
ditions, ....... 454
Act to render effectual certain securities to be »iven by the com*
pany fnr a loan ndvanced by government, and for other purposes
relating to the canal, and alsoauthorixing lateral cut from Wel-
land canal, through town of Nimra, to mouth of Niagara
river, by a company incorporated mr that purpose, 48^^
{Su fVelland Canal.)
CANAL.
For connecting waters of Lake Ontario with fho firot Ottawa,
&c. 4SI
(See Bideau Canal.)
CAN.\L, N1AGAR.4, COMPANY.
Incorporated, ...... 4gO
CANAL, DE8JARDIN8, COBIPANY.
Incorporated, (aeei^i^ordiM'eaiiai,) • - • 4M
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Pagt.
CANAL.
Act to anthorise conitroction of, between Borliagton bmy and
lake Ontario, ------ 318
{Set BurlingUm Bay CtuuU.)
CAPIAS.
iSH Outlawry. JC.B^andD. C.)
CARLTON, COUNTY OF
Tomiahipt of Nepeao, Gottlbonnie, Haotley, March, Pakenham,
Fitxroy, and Tarbolton, to conititate county of Carlton, 860-1
CARROL, JAMES
Act for relief of, grunting him £20 per annnm for injttry receiTed
whilst on duty aa an artilleryman in defence of the prorince, 886
CARRYING PLACE.
Commlssionert of internal narigation may eauae surrey to b«
made of the isthmus between Presque isle harbor and the bay
of Quinty, .------ 806
CARTWRIOUT, ROBERT
Act to enable him to surrendo' certain lands in tdwn of Kingston
to his Majesty, 216
CATARAQUI BRIDGE COMPANY.
Act of incorporation, ----- 445
To hare a common seal, ..... ib.
To hold real and personal esUte; real estate not to exeeedX500
annual value, ....-- ib.
Not to transact business as bankers, . . - ib.
Where femmes covert stockholders, husband to represent the
stock, .---.-• ib.
Companjr to build a bridge from Kingston to point Frederick, iii.
DescriptioD of the bridge, - . . - - ib.
May erect tollhouses, &c. .... - 446
General nowers given to the company, . - - ib.
Drawbridge to be made, to admit vessels and crafts to pass, ib.
And to admit steamboats if necessary, ... ib.
Brid^, &c. vested in the companv, ... 446
Justices to certify when the bridge is completed, and to give
public notice thereof, certified by the clerk of the peace, ib.
Tolls permitted to be taken, - - - ib.
Rates of, to be pat up near toll house in conspicuous characters, ib.
Tolls vested in the company, .... ib.
Penalty on persons attempting to evade pajment of, - ib.
provision for carryiqg into cfiect any agreement to be made by
compuny with government,for passage of soldiers,&c. freeof toU, 447
FelonV, meliciously to bum or destroy the bridge, - ib.
Punishment for maliciously injuring tne bridge, not to restrain
company from civil remedy, - - - . ib.
President and directors how chosen; to be one year in office, ib.
Vacancies how supplied, - . . . . ji,
Corporation not to be dissolved, if directors not chosen on the
d^appointed, 448
Power and duty of directors, .... j^.
Company nuy make rules in certain cases to prevent damage to
the bridge, --..... ib.
Tolls may be formed. - . . . . ib.
^Sach share to be £25; shares not to exceed two hundred and
ftMiy, unless sum subscribed be insufficient, then may be in-
creased to three hundred and twenty, - - - ib.
Mode of calling in instalments, .... ib.
Forfeiture of shares by non-payment, ... ib
Shares may be transferred, ----- 449
Shares deemed personal property, and liable to be taken in exe-
cution, -...._ ^ j^j
When first directors chosen; their continuance in office, ib.
Directors may diminish and again increase rates of tolls, but not
increase beyond rates allowed by the act, - . ft.
Bridge in one part, at least, to have space of not less than forty
feet, for rafts to pass, - - - . - ib
If bridge out of repair, may be presented at Q. S. . ib'
Forfeiture of bridge to his Majesty, if not repaired after ore-
sentment, - - - . .. -ib
Company to provide boats, &c. while bridge is being rebuilt or
repaired .* . j^,
No terries to be allowed after the bridge becomes passable, 449
No bridge to be erected within one mile of said bridge on cither
side thereof, - - . . . ® , ^^q
Penalty lor ferrying for hire, - . - . jb
Exceptions as to boats hired, - . - . jb
Actions to be brought in six months, - . - jb
Act declared to be a public act, - - . - ib
After fifty years, his Majesty may assume possession of the bridge
&c. paying company, vsliie to be ascertained by arbitration, ib.
CATTLE.
iSu Homed Cattle.)
CAUSES.
Above 40s. how to be tried, (see dittrict court.) • 80
CAVALRY.
{Ste MiHiia.)
CENSUS.
So much of 83d Geo. Ill, c 2, as relates to town clerk, repealed, 851
Assessors to take a correct list of the inhabitanU of the parish, &c.
for which they are appointed, - - . , oko
Flwmoflist, - ... . , . ^rtl.
Aasessors to demand a correct list of persons in each family, and
their ages, including persons employed or resident in, - 852
If any one refuse to give true list, to forfeit IBs. - - fa
Assessors shall subscribe such list, and deliver htothedokrf
the peace before 1st April in every year, and aske ottk to£
correctness, - - - - - - a
Town clerk to notify i>ersoBa chosen as assessors, t
Town clerk to transmit to cleric of the peace, asaes ssd d^
scriptions of assessors ehoeen^with afidavit that he hsth aoti^
them of their election, - - - - T^ a
If assessora negleot or reluse soch dsty, to beemnmaed bcfan
(^. S. by clerk of the peace, and if convicted or do not aopw
to be fined not exceeaing £10, nor less than £S, T^' ^
Fine imposed on one assessor, not to be levied oe goods, kt.ti
any oflier, - '- - - • - l
In case of refusal or neglect of aaseasor to disehun hit dstki,
or in case no assessors chosen, &c. Q. S. to appoiat tw9wt-
sons to nerform the duty, - . - .4
Clerk of the peace to notify persons so appointed, sad if tlisr
neg'ect to take oath, &c. liable to same fine at tlune cImki
at town meetings, - - - - - - A
CerUin iustices to appoint other assessors, and to posish bt »
lect, &c. in manner pointed oat, - • '81
Clerk of the peace to make general return of papuhtioB ud
transmit to lieutenant goremor, - ' - • ft
If such return not complete, to make out suppleaieatiiTnUin
as so<m as practicable, • - ' - • A
Fees to be taken by elerk of the peace, asiesson, sad tsvieied, ik
Assessors not to receive any reward until letaiu filed «dctiti6.
cate produced, • - . . . . j^
Fines and forfeitures under 4th Geo. IV, c 8, hnrncorenriad
appropriated, • > * - • - A.
CHAIRMAN OF QUARTER SESSIONS.
Mity take acknowledgment of bar of dowtf in sssiiMi, 71
May take acknowledgment of bar of dower ent of seiwm, 16
Fee to, for certificate, 6a. - - ' - - k
CHAPIN, ABNER
Act for his relief, • - - - • 2S7
CHARLOTTENBURGH, TOWNSHIP OP
So much of tract of land belonging to St. Regis hdimu adjob
said township, to be added tnereto, . • 9
CHILDREN.
{See HldowM, Orptunu, and Guardians.)
CHISHOLM, WILLIAM
Authorized to coastruct a harbor at the mouth of the 8iite»
Mile creek, in Trafalgar, with piers, whsrvei, kt. Ot
Permitted to levy toll; rmtea of toll, . - . ik
Remedy for compelling payment of tolls and daet, ^
Afterthirty yo^irs, legislature may purchase the hsihor, Jkcopn
an estimatiOB of the value, - . . . (H
Value to be aseertained by arbitration, * • . . ib.
Twenty per cent, to be paid in addition to suck valostisB, iV
Excess of tolls above twenty per cent, on amoast »|Xided, tt
be in nature of a sinking 'fund, to accamaltte for pnfthneof
the harbor for the public, - - * ' . ^
William Chisholm to account on oath, if required by the kgii-
lature, - - - . - . • ik
After 1st January, 1838, toUa may be further regahtcdhflkh-
gislature, - - - . - . - ih
9th Geo. IV, c 19, to be in force fifty yesrs, sfter which ill rijkt
to tolls to belong to his Majesty, ...»
£2,500 to be raised by debentures, to be losaed to WiOiaBChii-
holm, to complete said woilu, - ' ' ' \
Security to be given before money advanced, ^
CHURCH OF ENGLAND.
{See Marriage )
CHURCH WARDENS.
As soon as church built, according to the use of ehsrek stcit
land, in any parish, kc. with minister duly SMoisl^d ttertjj
two church wardens to be chosen, one by the msattr, u<
other by the people, - - . ' ' ft
To have corporate capacity and represent the foiA, '
Minister and church wardens of St Geoige'i chuth, Mjpwa,
authorized to surrender a certain grant of liadisbo^iua, u ^
his MajestT, - - - - " '
{See Slaves,)
CIVIL ADMINISTRATION. gn
£6,600 granted annually to his Majesty for, • . . * .
Act to take effect immediately after the rereotte««u»nS™?J
imperial act, 14tb Geo. Ill, shaU be phced under coomn" ^
provincial parliament, - - • * "
CIVIL LIST.
{See Civil Administration.)
CLAIMS , .-,j,
To real property. Contracts or securities «e«»t" J*^.3*.
3-id Geo. Ill, c 1, not affected thereby under the h«ir •«>»• 3
viscc act, (see heirs and deviseeSt)
{See Forfeited Estates.)
CLEMENT. JOHN PUTMAN %
Act for hia relief, . . - - •
CLERGY. ' _»wtktrf^
The word « cleMy" shaU be iateaded to be aewit by w :j
** cleigyinan,"TB certain deeds of gntat,
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Page.
Sueh deeds to be yalid in ■eeoring the n%hU of the crovn, of
the cleiu, and of the subject, retpectirely, - 75
Need not serre in the militia, .... 186
CLERK OF THE CROWN.
To grant eertiflcates of any conHetioni or conditional pardon*,
gratis, -----.- 88
To issue certificates to attomies, of their admisiion, on produc-
tion of treasurer of lav society's receipt for payment of their
fees, - - - - - - - 816
His fee thereon, 2i.6d., ib.
To have an office in every district of the province, (except the
Ottawa district,) the duties of which to be discharged by
deputy, '293
Precipe and affidavit on bsuing ca. sa., to be transmitted by the
deputy to the principal office, within one month thereafter, ib.
All proceedings to be sent to the principal office before final judg^
ment, ------- ib.
To furnish his deputies and commissioners in K. B. with writs
of ca. ad. res. - - - 289
Deputies to certify proceedings, if required, - - 293
CLERK OP THE CROWN IN CHANCERY.
Act for his remnneration, {expired^) ... 286
Act to provide salary for, and to remunerate him for past services, 674
Act to eontinne in force four years from 16th March, 18S1, and
from thence to the then next ensuing session, - ib.
CLERK OF THE PEACE.
His duties under the act forfeiting estates of certain traitors and
of innkeepers, and to make a return to
290
To register
the Q. 8. yearly, - . . , . - - 5$
To -caaise the names of persons under recognizance to be affixed
in two public places in the district, - - . ib.
To transmit (quarterly to inspector general, statement of rate of
duties for licenses under orders ot sessions, - 221
To return to lieutenant governor's office certified copies of re-
turns of the pqpuUtioD, as given in by the to^rn clerks, 268, 358
His duties as to tae census, (see cei^uMf)
To receive the assessment lists from the assessors, and lay the
same before (i. S., 246
To furnish the collectors with a certified copy of each assess-
ment list, 247
To transmit to the lieutenant governor before the end of January
in each year, an aggregate account of all property assessed, 248
To make out writs to the sheriffs for levying the arrears of as-
sessments by the sale of n portion of the lands on which rates
are charged, if no distress can be found thereon, - 998
Such writs to be returnable at the third ^ S. ensuing the issuing
thereof, -
To give notice within eight days to persons chosen parish and
town officers by-Q. 8. when no town meeting held; to take
oath of office within eight days, . - . -
Constable bmmd to serve such notice when required to do so by
deck of the peace, .....
To grant certificates gratis, from the records of any conviction
or pardon granted, .....
His fees: on each assessment 80b
For aggregate account of assessments transmitted to lieutenant
governor, SOs 248
For each writ for levying rates in arrear by sale of lands, 10s., 400
For each certificate of dower, 6s^ - • - • 71, 163
For each certificate of alienation of real estate by femmes'co-
vert, 6s., ---.-.-
For certificates to ministers of church of Scotland to authorize
their marrying, 6s., - . . . . 80
Fees allowed to, in <^. 8., 129
To read 1st Wil. IV, c 8, for four successive Q. S. after first
July, 1881, > - 555
To record certain marriages under 88d Geo. Ill, c 6,
To deliver to the sheriff annually a list of jurors duly classed, 49
Toread46thGeo. in,c2, ateverTQ.8., - - 117
To certify claims of heirs and devisees; his fees therefor, 116
To make out a list of land claims every three months, and affix it
publicly in the court house, • - ' - 141
To transmit to the sheriff annually, before 15th July, a list of per-
sons assessed for JC200 and upwards, ... 143
To record roads that have passed at Q. 8. - - 164
To transmit to insDector general on or before 1st May and 20th
Febmaiy, annually, lists of all licenses issued, - - 198
His fees thereon, 40s., .... - ib.
His duties as to the police assessment, in York, Sandwich, and
Amherstburgh, - - - 211
ib.
124
ib.
88
247
COBOURO HARBOR COMPANY.
Incorporated, -.-----
Their powers and privileges : may have common seal.
Not to carry on the business of banking, - . -
Authorized to construct harbor at Cobourg,
May contract for purchase of lands reouired for mdcing harbor,
or to compromise for damages done oy them.
In case (^ disagreement as to such damages, an arbitration pro-
vided for, &c. --.--.
Tolls and rates appointed, - - . . -
Harbor, &c. vested in the company, - - -
May compel payment of tolls, ....
Directors how chosen; to be seven in number,
Votins; regulated, ......
Default ofmaking election on day appolnted,ttot to dissolve charter,
Directors to make rules, &c. . . - -
482
ib.
ib.
ib.
First directors how chosen, &e., - - . .
. Number of shares not to exceed six hundred shares of £12 10s.
each, - - - - - - - ib.
Shares may be transferred, - • 495
Instalments of ten per cent, mav be called in after thirty days'
public notice; shares forfeitea, if instalments not paid, ib.
Forfeited shares to be sold after thirty days' notice; may be re-
deemed before sale, - - . . . ilK
Annual dividends to be made, . . - . ib.
Books to be open to stockholders, .... ib.
After fifty years, his Majesty may assume possession of the har-
bor, on certain conditions, .... jb.
Appropriation of tolls after such assumption, - - ib.
Time of commencing and completing tne harbor, • 496
COINS.
Certain gold and silver coins deemed a legal tender, - 66, 151
Specification, value, and respective weight, of such gold coins, ib.
Silver coins of the United Kingdom depreciated one twenty-fifth,
not to bo current, ------ 6I4
Spanish pistareens, French crowns, and other smaller French
coins, not a legal tender, ----- ib.
Counterfeiting orfalsiifying such coins as are current, made felony, 66
Punishment for uttering or tendering such false money knowingly,
one year's imprisonment and to be set in the pillory, - 66-7
Second offence made felony, - . - - 67
Punishment for imi.orting false or counterfeit brass or copper
money, to sell or pass away, .... ib.
Such brass or copper money to be seized and defaced, and one
moiety to belong to his Majesty, the other to the informer, ib.
Tender in eopper mopey limited to one shilling at one payment, ib.
Any person suspecting money to be counteifeit, may cut, break,
or deface the same; if found to be bad, loss to fall on person
tenderini; same; if good, on person so defacing it, - ib.
If a question should arise as to its quality, any justice of the
peace may determine same, or summon three indifferent per-
sons to decide, • - - . - - - ib.
Counterfeit gold or silver produced in court, judge shall cause
same to be cut in pieces, ----- ib.
Table exhibiting value of gold coin when weighed in bulk, 162
Value of certain British silver and copper coins regulated, 404
COLLECTORS OF CUSTOMS.
Act for appointing of, and for naming certain ports of entry, to
continue in force three years, - - - - 99
? ( Revived and continued by 47th Geo. Ill, c 4, for two years, 126
g<-? Do. do. 56th Geo. Ill, c 8, for four years, 196
(^ C Continued for four years by 59th Geo. Ill, c 22, • 267
Oath to be taken by them, under 56th Geo. Ill, c 84, ' - 206
To issue licenses to hawkers and pedlars, and receive 3s. 9d.
therefor, ------- Jb.
To give security for due performance of their office, - ib.
To account and pay over monies, .... 218
Their duties in granting licenses to auctioneers, - • 219
Fee for issuing same, 5s. - • - - - ib.
To take bond with sureties from auctioneers, for the payment cf
duties, - - - - - - - ib.
To account and pay over monies, under 58th Geo. Ill, c 6, 2E20
May retain five per cent, out of monies received under, and while
said act continues in force, - - - . . jb.
Governor may appoint collectors, who are to give security, 808
Collectors may appoint deputies, - . - - ggg
Authorized to seize any vessel, boat, raft, carriage, goods, ^c,
liable to seizure, ---... |b.
' Hours of attendance at collector's office, between 9 and 12 o'clock,
in the forenoon, and 3 and 6 in the afternoon, from 1st Alay to
Ist October; and from 10 to 3, from 1st October to last day of
April, ----_.- ib.
Report of entries to be made at 9 certain place to be named for
each port, ------- fb.
Collectors where and how to account to inspector general, ib.
When proceeds of seizures, &c. duties received by coUeetors to
be paid over, ...... jb.
Penalty if they neglect to account, - - - - ib.
Remuneration of collectors, ... - ib.
May examine packages, if suspected to be untruly entered, 360
May search for and seize goods suspecUd to be illendly imported, 861
To affix, in some public place in their office, a table of their fees, 864
Not to retain per ceutage on duties paid on goods imported by or
for themselves, --.... ib.
To pay commissioners of customs for their services 10s. each
per diem, •- - - - . . 366
COLLECTORS OF R.\TES.
One to be elected annually, for each township, - - 36
If he oe^^ect or refuse to be sworn into office within seven days
after his nomination, to pay a fine of 40s., to be paid into uie
hands of the treasurer, - - - . - 99
Justices may in a special session appoint,^ when office vacant by
refusal, and person so appointed, if he refuse to act, liable to
be fined in like manner, - - . . . ib.
To pay over to the treasurer of the district, once in every three
months, or oftener, if required, all monies collected by him,
and treasurer bound to give him receipt therefor, - 175
Foi-m of bond to be entered into by, - - - ib.
If collector refuse to give such bond, Q. S. to appoint another
collector, ------- 124
Clerk of the peace to give to each collector certified copy of as-
sessment roll, which shall be sufficient authority for demand-
ing amount of rates from each inhabitant, - . 247
May levy amount of rates by distress, when any one refuses to
pay, first obtaining justice's warrant, , - - jb.
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660
Index lo the Upper Canada Statutes.
POMt.
Mat dedvet five per cent, oat of r atei, for tht i r tnmble, • . 247
To pay all monief eoUteted to treaaarer, who ia bound to give
receipt for the same, " . , ' ^ T. . ' u * j
In ca»ei where lands »re onoeevpied, afid oodiatresa can he fimnd.
collector for time being, at any time after, may dutrmm for
rates, fir«t obUiniog jaalice'a warrant, - - - 248
COMMISSIONS. _. . ^
Of asiiae and nisi prius to isaue yearly, and when necessary,
twice a year, - - '.,,'«.," i."
Special commissions n^ay issue for trial of oOenuera, wben go-
▼emor may think expedient. («r« criminal laii^,) - ib-
Commissions may be issued for the examination of witnesses,
(.««ng»s frfnM.) - . ; -„ - . , . ■ , „ 29*
When session of oyer and terminer, &p. for Home district shall
commence, sitting to continue, notwithsUnding sitting of K. B., 214
COMMISSIONER. . .
Act authorizing lieutenant governor to appoint a commissioner
to E igland, (2a Geo. IV, c 19.) - - '^ ' ^}3
iB2,0()0 appropriated for payment of, (2d Geo. IV, c 20,) - ^ ib.
£1,000 in addition granted, as further compensation to,(4thOeo
IV, c 14,)
824
74
222
COMMISSIONERS OF CUSTOMS.
Three to be appointed for each district, two of whom **>•*• ,^,
quorum, ...---- 8ol
Their powers and duties, - • - - ^ "1, „ '
To appoint a clerk, whose duty it shall be to reeeive and file all
informations, and keep record of proceedings, " * iS;
May administer oaths, - - - •- - - 8oZ
To meet on last Satorday of erery month at court house of dis-
trict town, - - - - .",'.. * «2^
Persona may be held to baU by, on information ftir penalties, 863
•fo receive ten shillings per diera, to be paid by collectors of
• customs, ..----- 866
COMMISSIONERS.
Governor to appoint three commissioners, to treat and consult
with persons authorised by legislature of Lower Canada, re-
•peeting duties, - - - , - - , •
£800 appropriated to remunerate commissioners so appointed.
Act to provide for the remuneration and reimbur«ement of cer-
tain commissioner, via: £200 to Thomas Chirk and James
Crooks, as commissioners to I>ower Canadi, on improvement
of inland navigation; £383 13s. Td. to Peter Robinson and
Grant Powell, es^uir«*«, as commissioners for superintending
erection « f parliament house, sj.i»l sum having been expended
by them in erecting public buildings, &c.; £100 to Grant
Powell, esquire, for his services in dischnrge of that duty,
O>mmissioner8 ap|>ointed to ascertain heirs or devisees of the
nominees of the crown to lands, . . • •
To administer oaths to the parties and summon witnesses.
To determine and report upon the claims, . > •
To determine claims of heirs or devidees of persons allowed
lands under former commissioners, and to report thereon, (««e
htiru and demttt*^) - - - - -
A commissioner to be appointed in every d 'strict, to take evi-
dence relative to claims under 48th Geo. Ill, c 10, -
Commissioners to be appointed to ascertain titles to land in dis-
trict of Nia^ra, in consequence of dcstmction or loss of title
deeds, &c. during the war with the U- S.,
Powere and dntien of such commissioners.
Mode of pr'>ceeding as to the testimony to be received, -
Record of their pmceedini^ to be open to public inipection,
£4,0()0 appropriated to defrav expens-s of such commission.
Commissioners to be appointed, in whom forfci ed estates of cer-
Uin traitors, &c. shall be vested, (see foffAted estnUs; and
a!im9,) - - - - • -
Commissioners to be appointed for taking affidarits in C B.,
May issue bailable proce«s therein, . ". " "
Commissioners to be appointed for taking bail in K. B., -
May take affidavits under heir and devisee act. - . -
Commissioners t» be appointed to in vestirate claims of persons for
losses, sustained during the Ute war with the U. S. {expired,) 816
COMMON SCHOOLS.
{See Sehooh.)
CONSTABLES. ^ , ^
To be appointed aBBoally by the JMtiees is (^ 8. u the month of
April, --.--.-- o7
High constable to be appointed at same time, - - ib
Their oath of office, ------ ib.
Not liable to serve same office for three years after, - ib.
Compensation to, for service of notice to persons, of their nomina-
tion to any parish or town office; to be fixed by the justices, 124
Bonind to serve such notice, .... ib.
Serreants of militia exempted from serring as eonstablei, 137
Aathorized to arrest under ca. ad. res. with afiidavit annexed,
and to delirer party to the sberilT, . . - 290
COirriNGRNCIES OF HOUSE OF ASSEMBLY.
How i>aid, - - . - - - -
196
197
ib.
199
20»
228
29.S
289
294
484
i-iv^
Suck joint obUgatuw may be givaa hi oTidnee, aa if it
sole obligation, • - - *...!.. \ .. **
No execution to issue on a judgment ao obtained, tiU joiot <Mif^
tion filed in court, ----- - m
CONVEYANCES.
{See Regieter Office.)
COPPER COINS.
{See Coine.)
CORNWALL.
Gaol and court house for Eastern district, to be erected in, I*
New gaol and court house to be built on site of former gaol mad
court house, ----- - ^
Commissioners named far superintending ereetiooof, - ib
Authorized to raise by loan £4,000, on credit of diatriet fanda, ib.
Provicion for liquidation of said sum, - - - ib.
i:8,500 further may be raised on the credit of the distriet fvnds, 5W
Treasurer to apply JC500 annually for liquidation of said sumi, A.
Two atiditional commissioners appointMi to superintend ereetiaB
of said gaol and court house, .... $50
Market established in town ot, - - - • 229
Market d4ys and other regulations to be made by Q. S. - ib.
May impose fiat for breach of rules and regulations, not to ex-
^ cccd aOs. ------- jB>.
'Fines how recovered and applied, - - - - 29S
Act to confirm survey between seventh and eighth coneeaaioBa «*f
township of, ..-.-- 530-1
CORONERS.
Need not serve in the militia, - . • ^ IS$
COSTS.
To be allowed by eommissionert under tba hmt and dertaee net, 11#
When treble costs allowed by militia act, . * « ITf
When defendants holden to Bail, entitled to costs, • 1<0
In actions on judgments, plaintilT not entitled iD,Bnlesathe eovrt
or some judge of, otherwise order, - - - ib.
Treble costs under 60th Geo. II I, e 1 , when alkm-ed, - 161
In actions brought in K. B. which D. C. competent to try, D. C
costs only allowed to plaintiff, unless judge certify, - 217
And so much of defendant's cosu taxed, exceeding D. C. eoaCa,
to be charged to plaintiff, ----- ib
After 1st Ju^, 1822, no oosts to be allowed, where canaadexatkn
is set forth in New York currency, . - - 8BS
Costs in civil suits to be regulated by the laws of Fagjawd, 39S
Fees to be taken in K. B. to be esUiiUshed by the jndgea, 2M
Table of fees in D. C, - - - 9B
COUNTY COURTS.
Supplied by the Q. S. in eases of proeeas to oatlawry on
prosecutions, - - - - -
Form of proeeediage in outlawry, ...
COUNTIES.
County of Glengarry formed.
Do. of Stormont, - - - .
Do. of Dundas, .....
Do. of Prescott, - - . . .
Do. of Russel, • . - . .
Do. of Grenville, - - .- .
Do. of Leeds, - . - . .
Do. of Frontenac, ....
Do. of Lenox and Addingtoa, ...
Do. of Hasting^, - - - - -
Do. of Prince JBdward, ....
Do. of Northumberland, • . . .
Do. of Durham, .....
Do. of York, east riding, ...
Do. of York, west riding, ...
Do. of Stmeoe, may be declared a aepante diatriet.
Do. of Carlton, - - - -
D>>. of Lar.ark, • - . . .
Do. of Ltnc<i|n, formed into four ridinga.
Do. of Haldimand, ....
Do. of Oxford, • • . . .
Do. ofNorf,lk,
Do. of lUlton, - - . - -
Do. of Wentworth, - . . .
Do. of Middlesex, - . • -
Do. of Kent, - - . - -
Do. of Essex, - . . - -
182
IS
n
ib.
ibL
i^
ib
ah
- ik ib.
- ib ib.
- ib.
- ib. ib.
- ib. ib.
- ik ib
- ik ib.
ik
82,20,350
ik
- SS, »l
SS, 201, 412
ib. 270
ib. 41S
201,270
ib. ik
83,279
ik ik
ik
94
CONTRABAND GOODS.
Jurisdiction granted to court of K. B. in actions for, 60
CONTRACTOR, JOINT OBLIGOR, OR PARTNER.
No actinn tn abate, by reason th.it any one, or more, of several
joint contractors, are not made derendants, unless party plead-
ing in abatement, shall show that the joint contractor not named
ia within the jurisdiction of the eourt, 987
COURT, DISTRICT
Act to reduce into one act, the laws Klating to, •
{See District Cowl.)
COURT OF KING'S BENCH.
Act amen ing practice of, ... . . ;
{See iring*§ Bench.)
COURT OF PROBATE AND SURROGATE.
Act to establish in the province, - . . .
{See Probate and Surrogale.)
COURTS OF JUSTICE.
No alterations made in subsisting provisions respeetiar eeelesi-
astical rights or does, or to introduee the poor orbankruipt
laws of England, .....
Court of common pleas abolished, ....
To be held in district of Newcastle, at in other dlstricta, -
Justices te the district of Newcastle may appoint place ler
holdhig, .......
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IlTDSX TO THB UpFCB CiLHADA StATVTBS. «
68r
To U hftid la Gore distriet M in other difltriett. - JBO
Jsidooe in Goto dietriot nay eppowt pkeo for iMlduf, mtik
gnl and cowtlMMue built, .... ib.
OoMvloeioBen of o^r end tormiMr end fonoml gool dottrtry
flMTfitio Home diitriotdarinc term, ... S14
(Sm JRHf** Bnuk, Duiria Cmri, tmd Comit nf Jb^Mtto.)
COURTS or R£^UE8TS.
EataUithed, 81
Two or more jvitieee may hold a eoort of reqaeete on the let
aad 8d Satoniay of eyery moayi, within their reepootiTo di-
rieiooe, -.-.--. ik.
jtutialawando^ty, ib.
Sb.
ib.
Blay ciTe jndcmeat end award ereentioa with coets, ofaiMt Ae
goode and ehattele, ae to them ehall teem jnat ia lawand "
May adraiaitter an oath to either party end to thoir witi
aad alio to all the offieen of the ooart,
PeijniT in, poaie bed aa by 5th £Us.,
CommiiaioBOra of, to be swonl; Ibrmof oath,
Feea to be takea, ...... ib.
Juriadiction of, exteaded to jCS, 196
Sommoaa to be signed by a mairittrate, and left with aome crown
penon at defendant*i dwellinc honae or place of aboae, or
aerred on each debtor persooalTj, on proof of whieh, jvatioea
anthorised to make aoch ordera and deoreea, &e. aa eonaist
with e4]nity and good oonactenee, to be entered in a book, 198-4
Jaatieea not to give iudgment for a larger anm than dOa. luUeaa
nnder an aeknowledcmeat In writing of the defendant, or other
proof than that of the proaeeator, ... i^
No defendant to be anmmoned before any other eoart of reqneeta,
than that of the diriaioB ia whieh he reaidea, - • ib.
No plea to be holden in, for Urem or gambling debta, ib.
No execution to iaane until forty daya after juogmeat, if aboTe 40a. ib.
May in certain eaaea giro judgment for a balanee due from plaia-
tiifa todefendanta, ..... g|4
COURT HOUSE AND GAOL.
To l»e ereeted in evoiy diatriet of the pronnee,
Magiatntea in i^ S. to procure pkna ^r, fte. and to
building of,
(flSr .
sJMMtneL^
COURTS MARTIAL.
(^SteAfi/ilia.)
COURT OP INQUIRY.
(S^e Miftfia.)
CRAMAHE, TOWNSHIP OP
Reference to be had to the weatem aid? line of townahip of
Cramahe ia all future aur?eya of that townahip, 887
Snnreyor Mnenl to order the eaatem line of aald townahip to be
surreyed, --....- Qi,
CROOKS, MATTHEW
Act for hia reUef, nnder 09th Geo III, e 12, 886
CRIAIES AND OFFENCES.
Triala for offenoea committed in nnmgaaized porta of the pro- '
viBce, may be tried in any diatriet, ... 887
When auch unorganised parte of the prorince ahall be formed
into townahlpa, aaid proviaiott not ^ apply to them, ib.
CRIMINAL LAW,
or England introduced, aa it atood on the 17th September, 1792, 87
Ordinances of Quebec aince 14th Geo. Ill, not affected, - ib.
When any |»eraon ia conricted of any felony, for which the pu-
niehment ia to be burnt in the hand, court inatead thereof, may
impoae a moderate fine, or, except in case of manalanghter,
order him to be whipped, ..... ib.
Power of the courts to imprison offendera not abridged, • ib.
Banialunent subatitnted for transportation, • - . - 88
Proriaion in caae of return £rom baniabmont, or of being found
at laige ia the prorince before period of, expired, . ib.
Powerof his Mijcsty to pardon not reatrainea, - ib.
Proceas in prosecutions to outlawry, • 188
2d Geo. lY, c 12, rendering legal certain small notea and bills of
exchange, to have no retrns^ective operation aa respects any
forKety or other crime committed in respect of such notee or
bills, made and uttered before said act, - . • 881
Act declaring 2lBt Jac I, e 27, to be no longer in foree in this
province, ------- 402-8
Women chaned with the murder of their haatard children shall
be tried as m caaes of murder, and by the same mies of evi-
deacc, ...-.-- 408
Jury on a trial of such charge may find that the birth was con-
cealed, which shall subject offender to punishment as for mis-
demeanor, ---.--. ib.
CRYSLER, JOHN
Act for relief of, allowing him the regular per centage on moniea
paid him as collector of customs for port of Cornwall, withheld
in consequence of misconduct and neglect of his deputy in not
dmiy reporting, .-..-- 811
CURRENCY.
Act to establish unlfontiity in, .... 281
After 1st July, 1822, no interest to be demandable on any instru-
ment made after that date, in Which the penalty or aum payable
ia expreascd in New York currency, ... 288
Nor costs allowed on actions brought on such inatnunents, ib.
After Ist July, 1822, no rendering of accnimt shall be deemed a
demand or aekaowledgment, aolris rendered in provincial
currency, ......* ib.
84
No eh«p bookaHar thet daieioha jitmi <■ ifidi—i ae t»iBy
entriee therein, unleaa aaada out an eurraney, 188
Publication of the net, . -^ Ib.
DAMAGES.
To be aaeertalaed without writ of hngky, and is i
aa if parties had pleaded to iawM in K. B.,
In diatriet court, ....
On UUa of eaehange proteaCad» dnnni onpaiWM in \
Weetlndiee, tan per cent, - • - • see
On bills drawn on peraooa in North Ameriea, (Waal lndiea«»>
oaptad,) fear per cent., . . . . • ft.
DBBT6.
AeC for the naoreeaey and speedy reeerery of mmQ, 81
(Ac CoHTfa qjriiefMife.)
DEBTORS.
Aettomithoriaedelentumof,hieortaineeeea, 488
(Ac iMtoMng IFiwrmifi.)
DEBENTITRBS.
Act authoriaing £28,000 to be raised, for payteg off oneata dne
to miUtia penaioMn, • • gd
Receiver teneral to make out debentnraa for warn betiawed, fS
Fonn of debenture, how iaaued aad made payable, ft*
Such debeatarea aad intereet thereon, to be cnai|ed ea usiWMItiiia
of dtttiee reeeivaUe by U. C. OB aoeaaiil of fBodi tepefied iiCe
L. c. a.
To peaa current with public reeeiven, collectora, Jtc ft'
Intereet to be paid oa; Intereet to eeaae while th^ raaaaln hi fte
hands of any public receiver, .... ib.
Method of aeeertamiagfor what period iatefeat en, dmll be ew-
ponded. ....... ft.
CSi^pital felony to fom anv debeatwe or eadowMenitlheiea>» or
to utter any auch forged debenture knowini^y, - - ft.
Receiver general to tranamit acconnta of debentnine iaaaad, Ite.
to the governor, before eaeh aaeaion of piriiemanl, to be laid
before the legislatnre, ..... 06
Interest to be paid half yeariy on demand, - • - ft.
Remuneration to receiver geaetni, Jte. - - - ft.
When due, to be paid by wairaat on the receiver general, ft<
After becoming due, governor may by notiee eaU on holdera te
preaent them for payment, and if aot presented wilUn aiz
naontha from datoor notiee, interest therenn te eeaae, • ib.
Moaiee under 2d Geo. IV, c 6, to be paid by wammt, aad aeeomit-
edfortohia Bfajeaty, . T^ -" . . ft.
Governor, through the receivergeneral, mny treat with peraone
holding debentnree nwler 2d (ieo. IT, c 8, for poatponemeBter
payaaent, ........ 881
After notice that aum due will be paid on eertnin dny, if notpre-
aented, intereet to ceaae, ..... ik
After hoUera have Mjreed to poe^mne peyment, no watraat shaU
. iaaae until tiaae oipoatponement, unleaa the govenor, Jtc. ahall
think proper, ...... |b.
GtoveiBO^ Jtc may aathociae raeelvergeaeiultondaefortherloan
ofje25,000forthepttblieaerviee, "* . . - ft.
Mode of iaauing, paying the intereet on, and Anal dIepecMenef
debentuiea under 4th Geo. lY, e 24, 882-8
Act authorising the borrowing the aum of iS26,000 on debentnree,
to be loened to the WeUand canal company; aueh debentwee
te be eharged on certain pubiie revenuee, and to pace eunent
with all punlie receivers, 488
Rate of intereet, awde of pnying the aeaae, and inal payant
thereof, 484
Act granting a further loan of iS2»,000 to the WeUandeaaal com-
pany, to be raieed by debeotnrea, .... 817
Dutieaefthereoeivwgeneealinieauing, paying the intereat e«,
and aecountiag for the aaid debentnree, - - - 8IS
jS6,000 to be raised by debentures, to be loaned te thoBuilingten
Iwy canal commissioners ; said loan to be chargeable en the fella, 881
Plrovislooa of 7th Geo. IV, c 20, roepecting defimturee, to be ap-
p||eabletothoeeieeaedundertheanthonlyofllthOeo.iy,el2, ft.
je87,4l2 10a. authorised to be laieed by kMa, on die credit of
debeatures, to be opplied to the payment ef the elalme of fte
anShrera in tte late wnr with the I/. S., « - • 8M
Mode of issuing said debeatures, paying interest of, i
faig for the eame, .....
£20,000 authorised toteiaieed bydebeatare for \
of roeda, Jtc. 874
Mode of iaauing, paying intereet of; aad aeeenntiim for fte aame, 078
Debeatufea telle extent of iB00,000 anthorised to be iecMd to
Wetland canal eompany, upon giviqg aeeurity, - 888
Said debeatnrea tote charged en tte revenuee of ttepievinee, ft.
DEBT, PUBCIC
Act to borrow a aum of sMsey from hie M^jecty'e goiiinmaal,
........... ^ _ ^|g
payaaent of late-
- 474
loan efteted, ft.
Act to tenow a sum of money in England, at a reduced rate of
interest, to cancel the public debt or the provinee, 888
Receiver general to pay aanually £8,400 for intoraet, to peMona
in Engbnd contracti^ for aaid loan, and for tte gradual liqui-
dation of tte principal, ft.
Warrants to be iaaued for aaid aum, - - - ft.
Not more than four per eeot. interact to tegivM en eueh ken, ft.
Reeeiver goneial mey oontraet for aaid lean, ft.
Money so borrowed to te applied to tte Uquidatioa of the pubiie
debt, IM
Digitized by vnOOQlC
,lii0BX TO THB Upper Cavaoa SrATonM.
Pag'-
jBM»to4>«|ttUI«>rM«iv«rp;«iMttlfai \im of |wnid>g». fcrn^{»>
tiating Mud loon, ...... 084
DEBTORS, INDIGENT «
WeArinrappftreland bedding id actiudateiiol to be Misad Wider
•sMMtin, * 518
»BBT01U3, INSOLVENT
MMweriaexeealiMi for debt, Ml vNtk £fik vImII raonr* froM
the pUintiff fire thUlinn weekly, eo tone m deCaiaed in iirieoii
«r Moh debt, - ** - "^ ^ . . . 118
' Plemtiffi ouy tender mterro|(atioiit to ioeolreiil debMn eleiwiag
weekly aUoweneet, toaehing their ioflolreiicy, - - ^^ 801
Answer may be •worn before commusionen for taking allidaTiCe, ib.
Debton to iMeAve ao*beneftt froai any order Ibr wedUy aikiw*
aaee until be answer said interrogatofies, . • ih»
8d clanse of 2d Geo. IV, c 8, repealed, - • - 448
In default of payment of weekly allowanee on third
' after service of nie for aifowaace of, eo«ft, in tem
judce« in racation, may order prieonar to bedisehargad, 448
8ueh diteharve not to operate at a release <^ the debt, - ib.
Debtors KaTing the liberty of gaol UmiU not to be ealiCied to
weeUyallowa»ee, ^ .'^ . 512
Bail for the limits may snrreader their priMipal* >^-
(AMOMlIimito.)
DECLARATION.
Fatm of, i« K. B. o« a eaamMi — dartaking, Vl-B
Form of somaMms in D. C, • - - 206-6
DEER.
Act for the prescnration of, - - - - • 288
No perB<m to kill aay deer, fern natans, betwaaa 10th Jaaoary
and l»t Jnly, in any year, ..... ib.
Penalty foHy shUlings Tor first ntfbaee, and double that sam for
every oihei\ ...... Jb.
AMlioatsaaor fiaes, ...... ib.
lB«miM exempted from prarisioas of said a«t, 284
DBLONG, GEORGE
Act for his relief, under 54th Geo. Ill, e 9, - - 885
DESIARDIN6* CANAI< COMPANY.
laeorpmrnted, ...... 410
Capital stoek to be composed of eight hnndred sharas, at £12
Ms. each, 417
Shares transferable, ..... jf^.
How stoek sabseribed, ..... jb.
LimitatioB as to time of subscribing and amoaat, • ib.
Mode of calling in instalments, .... jb.
If instalments n(»t paid, shares to be forfeited, - - • ib.
First directors how choficn, ..... jb.
To serve till Ist Monday in April, 1827, - > - 418
Afiurs of the eomoany to be managed by five diraetors, ib.
Directors when ana how chosen, .... jb.
Renalatian of voting by namber of sharea, . ib.
Such shares to be held three months before election, . ib.
Wha may he directors^ ..... jb.
C^opartnemhips to vote as indivklnais onl^, . . ib.
No more than one member of a partnership to be a director, ib.
Perm of psoceeding in ehoosing directors, . . ib.
Directors to choose ont of their aamber a president and vice
president, ....... Jb.
Thraa ai the directors to go ont of office eveiy year, ib!
Vacancy in board of directors how supplied, . . 419
Vice president to act in the absence of the prasident, - ib.
Three directors to be a ononim; praeeediiin s| the board, ib!
IVaaidettt and vice presiaeat not to vote, nnhsss when an ieeqaalt-
ty of votes, andtnen to have casting vote, « . jb
Directors may ntakh rules aad regulations, - . . jh'
Rates of toll,^. - . * - ' . . , !£;
Terms oa which eaaal shall become public firoperty, . Jb!
May be sooner purchased if the legislature think fit, jb!
What real estate the company may hold, ... ^20
Width of space reserved for canal, path, basins, &c. • ib.
Company empowered to acqaire the hind accessary for the canal,
paths, Ac. ib.
In ca««* of disagreement as to value, arbitrators to be appointed, ib.
How dtraatmv to peaceed, if porty shaH fail to appoint an ai4>i-
trator, ....... j^,
How arbitrators ahaH iwocced, .... ib,
la caaa party refuse to receive sum awarded, directors may occu-
py the land so vahied by the arbitrators, ... jb.
In ease of adfoa of ejectment, &c. bitmght, award may be pleaded
in bar, - - - - - - - ' ib.
PmvUn, that party intercRtcd in the land nuy move thtf court of
K. B. to set asida award for oormption, - - ib.
' If first award sot aside, may ho referred to other arbitratoni, ib.
Bridges over highwayfi, when to be erected; penalty for do*
fault, 420-1
Power to alter bridges ereeted over highways, . 421
Indamnifieation to Peter Desjard ins, for money expended by h hn, ib.
How such indemnity shall ho secured aad paid, - . jb.
In ease of faihire to elect diractom oa the regular day, charter
not dissolve* 1, ...... jb.
ProTtrdin'Tfi in such case, ..... jb.
Dividendn how made, ..... jb.
tieaorat aectmnt to be iiimfshed of the affairs of the company, ib!
7thfieo. IV,clH,decbiredapohlicaet, - . . jb.
To eeatinua in force fifty years; at expiration of that time, canal,
«c. to ve«t in his Majesty, - - - ib.
OBSBRTERS.
Aajr pmwm Btocwing or pm— adiag, Ifcc sokliers ladeaeit* t»be
committea to gaol for six months,aad if Iha jodge thiak praper,
■HiY«rda9hi»to|»yafiMcfi£40,aBdifMit paid«to(a p«6-
Uciy whipped, - - . - . - Mb
PatacM haiSMfaff dcscHcia, to foffoii £aO,«wl if Mt paid* t» he
imprisoned for three months, - . - - ib
Prosecution to be commenced wifliin six oMMlha, valesa «flfocidsr
leave the province, .... - MV
laauhig wamat, a commcaeemaait of proaeratloB; J«atic«o to ia-
Buc warrants, and cctomit for bail, . . . ib
Provision for cases where no conunon gaol in the district, ib
Alio wanea to prisoners, ..... Ot.
8hc?iirs and peace officcta to axcartcwamuBti, - - IW
inacB to be accounted for, ..... ib
DETAINING WARRANTS.
May be Usned by a jnftica io ecrtaio cases* on aSdaTM ande be-
fore him, ...... - 4BS
Detention not to esceed four days, - - . - ik
The usual aiBdarit most be filed before ca. ad. res. iaane, ih
Sherills must receire debton so detained, .and keep them m jail,
but not Iwuper than forty-eight hours, . - . ib
10th Geo. IV, c X limited to two yean from SMh March, 18X9,
and from thence to the end of the next ensuing seaaioa of par>
liament, ....... ib.
Form of affidavit for detaining waoant, . . . ib.
Form of warrant, ...... Ik
Fees aUowcd, - - . . - ib
DEVI8EBB
iSkt Heirt and DevUets.)
DISTRICT COURT.
To be holden at the place appointed for Q. 8. - • 187
Act to reduce into one act tne several laws respecting district
courts, and to nguhUe the practice tharsof, S5
- Court established u each district to be a comrt cf laeord. aad to
hehoUanbvonaor mare judges, to be appoiatod asdkr the
great seal of the province, .... jbu
Jurisdiction of the court; teims of sittmg, ... ih
Conne of proceeding in actions not baUimCy ib.
Form of summons, ......
Process to be personally served on defendant bv a Ntcfalc ymaoa,
at least eight days before return day thereof ^«
No penon Imt sberilT to receive conapensation for aerrica of pt<t>-
cess, -.-.--- 278
Appearance may be entered by pUintiff for defondan*, W6
Pumtifi' io default of defondant's appcaiance, may siga jiaijimffinl, ib
Defendant may appeat* and plead, .... ib,
Aupeacance aad plea of the general issae by deiendant, - ib.
Writs of ca. ad. res. and ca. sa. may issue, - • ib.
Affidavit to be made previous to snmg out ca. ad. res. and ca. aa- ib.
Bail bond to be taken and assigned, • - . ih.
Time for, and manner of perfecting baiit • - - ib.
Bail may jnstifv by affidavit. • • - - ik
Bail may be refieved on application to the court, - - ib^
*Declarstica may be Olcd da bene case, Md lU fi wlint baoBd to
plead within two days after bail ptffected, withovt any drmanil
of plea, ...... -ib
Actions may be brought on.baii bonds, alllKwg|h pmmlty cxoeed
j£40, ....... m
Notice of set-off may be given, • - - . ib.
Defendants having gircn notice of set-off, rr pleaded the same,
may recover amount proved beyond plaintiff's demand, aal
may have execution therefor, .... 514
Court may grant further time to plead, - • - 97
Four days' notice of trial and -assessment of damagea to be givea,
and two days' countermand thereof, ... ft.
Costs may be awardedlfor not* proceeding to trial, punaaat to
notice, -.-.--- ib.
Judgment as fn case of non-suit may be given, • - ib
Judges of, to issac precept to sheriff, to summon aof merr tbas
forty-eight, nor less than thirty-six jurora, to appMratCime
and place of holding Q. S. .... ib.
Juron to receive six pence ea?h for trial of each issue, - ih
Judges may compute principal and interest mi promissory notes
where defendant makes default, and give. final judgment witih-
oot the intervention of a jury, .... 399
Judgment on verdict may be entered on third day of term next
alter trial, .-.-..- jb
Plaintiff or defendant may move in arrest of judgBsent or for a
new trial; and eonrt, on sufficient ^^onnds, may grmit the same, ih
Court may issue attachment in certsm cases of contempt, 29S
Party offending not to be fined more than JCIO, or imprisoned be-
yond one month, ...... ib
No commissions or proceedings to be avoided by 2d Geo. IV, cS, ^
Table of fees, - - . . ' . . ih
No other fees allowed than those enumerated, - - 299
Judges of, may take acknowledgment of bar of dower, - 1^
Entitled to receive five shiUings for certificate, . . ib.
Ju«If;c of, may take acknowledgment of alienation of reii estale
of married women, if deed executed in his presence, - SO
Entitled to receive five shillings for such certificate, - ib
District court costs, only, to be allowed in actions brouhc in K.
B. of the proper competence of D. C, unless the j«^ certi-
fies, Ice. a?
DISTILLERS.
Not to retail, nor to be licensed to retail spirituous liquors, ^
•DISTRICT INSPECTORS.
{See hupedon.)
Digitized by vnOOQ IC
Indbz to thb UrpftR Camaiia Statvyss.
fl6»
DISTEICT SCHOOLd. '**^'
DISTRICT TREASURERS.
DISTRICT ACCOUNTS.
To be pabliahed uuuudly in detail in one newspaper of the dis-
trict, and a copy aAxM conapicuonslj in the eourt house, 489
SU^ense of pabfication to be paid out of the district treasury, ib.
DISTRICT ASSESSMENT.
Lands may be sold for arrears of, - • - 908
FiirtlMr prorision in respect of« • • - • 464
(oM jfllfflSWfllfi )
DISTRICTS or THK PROVINCE.
Dictrict of Lunenbtti^, to be called the Eutem dbtrict. 88
Do. of Mecklenburg;h, to be called the Midland distnet, ib.
Do. of Nassau, to be called the Home district, - ib.
Do. - of Hesse, to be called the Western district, - ib.
Eastern district formed, of the counties of Glenfrarry, Stormont.
andDuadas, - . ^ / . 81,191
Johnstown district fotmed, of the counties of Gtenville and
Leeds. - - - - ' - - - 81,860
Ottawa district fonned, of the counties of Presoott and Rnssel, 191
Bathunt district formed, of the county of Carlton, - 810
Midland district formed, of the counties of Frontenae, Lenox
and Addin^^n, Hastinrs, and Prince Edward, - - 82
County of Prance Edward may be declared a separate district,
by proclamation, so soon as a gaol and court house shall be
•facted therein, ...... 502
Home district formed, of the counties of York and Simcoe, 82, 97
County of Simcoe may be declared by the goremor to be a sepa-
rate district, under same restrictions m countyof Cariton, 270
Newcastle district fbrmed, of the counties of ^Northumberland
and Durham, . .. . -88,96
Niagara district formed, - - . - 88» idO
Oore district formed, of the counties of Halton and Went-
, worth, 190, 202
London district foimed, of the counties of Norfolk, Oxford, and
Middlesex, Ac. ...... 83
Weatem district formed, of the counties of Essex and Kent, 84
DOOTAX.
Act to impose a tax on dogs in police towns, {expirtdi) * 410
DOW«LBT, THOMyAS
Aet for his relief, under 64th Geo. Ill, e 9, . 886
DON AND HUMBER BRIDGES.
Act to nwka «>od certain monies advanced by the lieutenant go-
yemor for the erection of, ... . . 539
DOWER.
Act for the more easy barring of, - . - .' 70
Parsons entitled to, may release their right by deed. Jointly, or
alone, •-----.. 70-I
Bat such release must be acknowledged and certified, - 71
Form of certificate, ...... ib.
Acknowledsment may be taken before one of the judges of K. B.
or before the (I. S., - . - . . ib.
Or before the Judge of D. C. or chairman of Q. S. (at any time)
of the distnet m which the party resides, - - l6S
Persons residing in Great Britain, Ireland, in the colonies, or in
the United States, may release their dower by deed. - 139
No such release yidid, unless the jiersons so entitled to dower,
come before mayor or chief magistrate of some city, borough,
or town corporate, in the United Kingdom, or before a juc^^
of the supreme court of such colony, state, &c., or mayor, or
chief magistrate, of any city, borough, or town corporate
therein, and acknowledge consent to be so barred 01 their
dower, ------- ib.
Certificate of such acknowledgment to be endorsed on the deed, ib.
Certificate to be verified by the common seal of such city, &c.
or the seal of office of such mayor or chief magintratc, being
aflUed thereto, ...... jb
When certificate granted by a judge of the suprftme court of any
British colony, or of the United States, to be verified by the
seal of the person administering the government of such colony
or state, - - , . . , 14q
Fee to be paid for certificate, five shillings, - - 71, 163
DUCKS, (FALSE)
Comatiissionen appointed for erecting a light house on the False
Ducks island, in lake Ontario, .... 453
£1,000 granted for erecting and furnishing said light house, ib.
Commissioneni to report before 1st I>ecemi>er, 182», and account
for ttie monies expended, and what tonnage, &c. on vessels
will be sufficient to defray the expense, ... ib.
£760 granted in a<ldition for complctin^aiid equipping said light
house, ------- 509
How such sum paid and accounted for, ... 609-10
Provision for support of the light hr>nse for 182>, - - 610
Commissioners to make the necessary arran»>mentR, and to ren-
der detailed accounts for the information of the legislature, ib.
D0NDAS, COUNTY OF
Fanned, .---... 31
( jfee iVoe/amafioR, p. 24.)
DURHAM, (X)UNTY OF
Fonned, H2
GartttnaMw^tovMkipa4iddc4lU«eta, ^
{Ste Prodamalion^ p. 25.)
DUMFRIES. TOWNSHIP OF
A gore of huid adjoiaii^ it, added thcveto^ 270
DUNDAS, FREE CHURCH
Act to incorporate certain persons for purpose of holding landf
for a free church in Dundas, in the district of Gore, - 606
Said corporation empowered to hold land (not exceeding five
acres) tor the puxposcs of a place of worjiiip, comm<ia to 93^
denominationa of Christ iaus, .... 606
Provision for succession of trustees* - > - ib.
Trustees may make rules and regulations respecting the land, ib.
DUNDAS AND WATERLOO TURNPIKE COMPANY.
Incorporated, ...... 600
Capital to be £26,000, 601
Route of the intended road, - - - . - ib.
Plan of the road to be deposited in clerk of the peace's office,
Gora district, ...... ib.
(3ate8 to be erectedt ...... ib.
Rates of toll, ib
ToUs may be com jMnuuled for in certain cases, . ib.
Rates to be afiixed at the toll gates, .... ib.
Description of road to be made, .... ib.
Dimensions of bridcea, . . • - ib
Wood erowing on lands of absentees alining the road, mi^ be
cut down, »..-... ib.
Evasions of the toll prohibited, • . . . ib.
Penalty ten shillings. ..... 5^2
Persons may travel three nules on the timpike (not passing any
gate) witAout payinjg toll, - . - . ib.
Tickets or checks to be used, .... ib.
Penalty for lending or selling such tickets, twenty shillings, ib.
Punishment for obstructions or nuisances in die road, - ib.
Punishment for evading payment of tolls, ... ib.
Exemptions from tolls m certain cases, - . . ib.
Punisnment for delaying tnvellen at the toU gates, or for over^
charging, ib.
Remedy, if the road is not kept in repair, ... ib.
Punishment for injuring the road, gates, &c., . . ib.
Attempting forcibly to pass the gates without paying toll, how
pumshea, ....... ib^
How penalty to be recovered, .... ib.
Corporation may hold land^ for toll houses, &c., • > 608
Company to meet three montlis after passing of the act of incor-
poration at Dundas, ..... )b.
Notice of meeting; making by-laws, - - • ib.
Forfeiture of stock by neelectto pay instalments, - - ib.
Stock may be transferred, ..... ib.
Act of incorporation not to hinder makiQg of other roads, cjKMsiiur
the turnpike, .---.. ib.
Tolls and toll houses, &c. vested in the company, - - ib.
His Majesty, on certain terms, may assoiae the tvnspikc, i(C., ib.
Time limited for completing the road, ... ib.
Penalties under this aet how levied, - - . ib.
Charges of distress and sale; imprisonment for want of goods, 604
Appropriation of penalties, - . . . . ib.
JLimitation of profits to be derived from the turnpike, - ib.
Tolls not to exceed rates specified, .... ib.
AcconaU of pie whole ex|»cnditnre to be made o«t, attested, and
deposited among the records of the (^ S. - . ib.
Accounts of expenditure for repain, &c. to be annually rendered
and depositee!, as also an account of monies collected and re-
ceived, -..-... 60M>
Swearing £dsely to accounts, deemed perjury, • - 606
Actions not to be brought after three montna, for offencea against
act of iocoiporation; act to ba deemed a public one, - ib.
DUTIES. •
A duty of 20s. imposed on licenses to i«tail spirituous liquon, m
addition to the sterling duty of £X Ids. by 14th Geo. lU, 47
A duty of one shilling and three pence for ereiy gallon each still
contains, imposed, ..... S6^
On licenses issued to hawkers and pedlara, - 207
On persons selling wine, &c. by wholesale, . • 21A
On tavern licenses, not to exceed XIO, nor less than jgS, cur-
rency, each, according to situation, - - - 616
Additional duty of £6 imposed on shop licenses, > . 286
Additional duty of one shilling and three {lencc (or every gallon
each still contains, .----. 244
A duty of £& imposed on annual licenses to auctioneers, . 219
Two and a half per cent, to be paid by auctioncera out of proceeds
ofsales, - - - - - - ib.
In addition to the duty of one shilling and three pence per gallon
on stills, a further duty of one shilling and three pence imjiosed
for every gallon each still may contam, - . . S23
After 1st June, 1824, and 6th January in every other year, eveiy
shopkeeper selling spirituous liquors by wholesale, shall take
out license, and pay i^ therefor, - - - - 877
Revenues arising from duties on tavern licenses to be applied ex-
clusively to the improvement of highways and bridges, 516
A tax on oogs in certain nolicc towns, {exjnrtdt) - 410
Duties on Ucenses fur selling ale and beer in cecLain towns and
villages in this |>rovince, p. 324; act continued, p. 411; ameod-
evl,«. 444, (ftrpirf/Z.)
Vcascts navigated by steam relieved from paying lieht house
duty for the space occupied by the machinery, fuel, &c., 288
No duty to be pisid at any port at which no light house is erected,
by any vessels over ten tons, • - - - ib.
Digitized by vrjOOQlC
wo
IlfDBX TO THB UpPKft CanaDA StATUTSS.
Itttdit ho«M tdSMce d«^ ini tmmIa owaad aad wmigtimA by
Britith svbJMU, nmalm be dMBMidtd anlj on the touMge
Poft.
of th« cam aetnlJly disehargMl at aay poti whan raeh duty
iatobepMd, 9BS
Matter to ttata on oath tkt avnbar of toot ia Ua rapoit; faba
■waariac made penary, ..... ib.
Ceitaia U|dit bonte datiei impoMd at port of Toric, 409
Amoaat m racb dvties how to be appbM and aeconnted for,
Act to rer^te the commereial intercoone between thiaprorinee
and theiT. S. for one year, p. 268; repealed by Sd Geo. lY, e 1,
p. 208. Act farther to recolate the commercial intereonrse
between this prorince and Die U. 8., p. 840, emrtd. (Dntiaa
now regulated by the imperial aet, 0th Geo. Iv, e 114,)
ib.
es4
EASTERN DISTRICT.
Lanonban^ to be to called, ....
To be formed of the coantiea of Glengarry, Stoimoot, and Don-
daa, 81,
Shariir of, to ntom a panne! of jarora at etated periods, for triala
of eaniet at the aMises, witboat a renire faoiai,
Sheriir of, to receiTc £60 salary annually, - 122. 806,
Gaol and coart hoase for, to be erected in town of Cornwall,
A new gaol and court house to be erected on site of the old one,
iS4,000 to be imised on the credit of the district funds at an inte-
rest not to exceed six per cent., ....
Traasurerto giro his bond forsaid sum, ...
Not less than jC800 to be annually applied towards liquidation of
said debt,
An additional rate of one half-pennT in the pound, allowed to bo
imposed, if loan not effecteo within three months from 17th
Februaiy, 1827,
Treasurer may raise on the credit of the district funds a sum not
exceeeding £8,600, at six percent.; and JS600 annually, to be
applied to redeem said loan, ....
Guy C Wood, esquire, appointed a commissioner, rice Pringle,
resigned, .--.---
Additional eommissioBers named; goremor may fill racanciesin
the list of commissioners, ....
£1,800 granted for improremant of roads and bridges there hi,
£I4NM) granted for tmproramefit of roads and bridges therein,
1831, - - - . . . -
EASTWOOD, JOHN, AND COLIN SKINNER.
Act for the relief of; £126 granted to repay them for certain du-
ties paid by them on the importation of^eertain machinery from
. the U. S. foi -' - -
88
191
08
444
54
ib.
for the manufacture of paper.
640
ib.
660
625
576
544
ECCLESIASTICAL RIGHTS.
No alteration made in subsisting prorisions, by the adoption of
the kws of Borland, • - 80
No tithes to be cmimed by any protestant clergyman within thia
prorince, ....... 002
EDUCATION, BOARD OF
Goremor to appoint fire persons for, in eaeh distiiet, 208
SDWARDS, JAMES
Act for his relief, under OBth Goo. II I, e 12,
EIECTBIENT.
When actloBs of ejectment are brought fcr had Improperiy oceu-
• pled, in consequence of erroneous sunreys, j»xj to assess such
aamages fbr defendant, for loss he mar sustain in consequence
of improremeats naade before said action commenced: and also
to assess the ralue of the land to be recorered; and if^a rerdict
be found for plaintiff, no writ ofjpossessiou to issue, until plain-
tiff shall hare tendered amount ofsuch damages, or released said
land to defendant, on defendant tendering ralue of said land to
427
287
ELECTORS AND ELECTIONS.
Act to repeal the sereral statutes respecting election of members
of house of assembly, &c. and to reduce prorisions thereof into
one act, *...... 940
Persons baring resided in a foreign coontry, or taken the oath of
allegiance to a foreign sUte, shall not be eligible to be elected
as representatires, unless ther hare resided in this prorince
seren years next before the election at which they shall be
chosen, --..... 841
Penalty on such persons oHeringthemselres as candidates, unless
they shall hare resided seren years, - - - ib.
Penalty on persons so disqualified, if bemg elected, they should
presume to sit, • ... . • ib.
Persons baring abjured aUe^iiance to his Majesty, or held certain
ofRcesin the U. S., or being conrieted of'^ offences in a foreign
country, lubjectlng them to infiunous punishment, disqualified
to sit in the assembly, ..... i)^.
Cmdidate mast be possessed of onincumbeted freehold, to assess-
ed ralue of £80, ib.
Oath which candidate may be required to take, • ib.
Oath as to residence required in certain cases, 842
ft such oaths are to be administered and certified, ib.
of penon refusing to take the oathi, declared roid, ib.
By whom such oaths are to be administered and certified,
Election of penon refusing to take the oathi, declared
Fee for administering the oath, and giring certificate.
How fines imposed by 4th Geo. IV, c 3, to be collected, applied,
and accounted for, . ...
Voters baring taken the oath of allegiance to a foreign state, or
were resident in the same, must reside seren rears in the pro-
rmce, and take the oath of allegiance, before their rote can be
recaired, .......
Voters required (exeept in certain casas) to lisrabr
sion of the estate, in ri|;ht of whaeh they rote,
months before the election; or hare had their doc
three months, ....
Election not to eonttnue beyond six days, (Sunday, <
day, and Good Friday excepted,) ... g^^
Oath which roters may be required to take, • - ib.
Swearing &lse1y in any oath required br4Ch Geo. IT, e 8, or
81st Geo. Ill, c 81, to be deemed wii:al and corrupt Paijonr, ib.
Goremor to issue writs of election, as prorided bySIst Geo. Al,
c 81, 8 18, - -'^ . '. . 26»
ELECTIONS, CONTROVERTED
Mode of trying, ..... ^ Stf
Petition tone presented to the house of assembly, ooaqplaiaiaMr of
undue election, upon which atisaa will be appointed to **"*-y^
the same, --.-..- jh.
Notice to be giren by the speaker to petitioners, &c. to attaad, ib.
No netttion to be tafcien into consideration within fowtaen days
after it is presented, unless by consent, - • &.
Time first appointed may be altered, ... 344
Proceedings on the day appointed for hearing, - - ib.
Thirty members at least must be present, - - - ft.
House to adjourn from*day to day, till thirty members present, ib.
How the house is to proceed when sufficient members attend, ib.
Twenty-three members to be taken by ballot, - - ib.
Certain persons who shall be set aside, if drawn, - - Ib.
Members orer sixty years, may be excused from serriag on select
committee, .....-- A.
Certain other exceptions, - - - - - ib.
How the house shall proceed if twenty-three memben caawit b«
got, not liable to exeeption nor entitled to be excused, ib.
Petition shall be the first matter proceeded in, on the day ap-
pointed, except swearing in members, - - - ib.
Otner excuses may be allowed by resolution of the house, ib.
Other members to be chosen instead of those set aside or excused, ib.
* Oae member to be nominnted breach of the parties, 845
Such nominees may be set asiaa or excused in same maaaer aa
members ballotted, and others nominated iastead, - ib.
When the twenty-three members chosen, and the two aominece
appointed^ the parties shall withdraw, and reduce the twenty
three to nme, by striking off one alternately, - - ib.
Such nine members and the two nominees to be sworn, and to
compose a select ooouaittee to try the merit of the electiflB pe-
titioned Miainst. -.----. ib.
Time and place or their meeting, • - - ib .
Members of the committee not to depart the heuse CHI the tiaM
iqipointed for their meeting, .... jb.
How the house shall proceed when there are mere than two par-
ties before them on distinct interests, ... ft.
Members not to depart from the house after baIlot,-UBtil the tiasa
of meeting fixed, --..-. ib.
If any member be drawn at the ballot whom either pai^ intaada
as nominee, he shall b« set aside, and unless objeetea to, ahaB
serre as such nominee, ..... S4(^
If either party decline to nominate a member, his place ahall be
suppliea by a member ehosen b^ ballot, ... gtf
Prcceedings when the writ of election shidl not be returned aa by
law it ought to be, ...... jb.
The names of members to be baDotted shaD, prerioas to Urn day
appointed for baUotting, be sealed up by tl|e cleric in a box, ib.
Speaker to set his seal to the said box, - - - ib.
Alter the bellot, the names undrawn shall, if required, be read
afead by the clerk, ib.
Chairman of select committee how appointed, - ib.
Committee to hare power to send for persons and papers, aad to
examine witnesses on oath, ----«. 817
Decision of committee to be final, .... jb.
Directions as to the sitting of the epmmittee; their adjouraaMat, &.
Interrention of holidays, . - - . . jb.
No member of committee to be absent without learc, - ib.
Committee not to sit, unless all are present, - - ib.
Members absent without leave to be reported to the hoase, ib.
Proceedings thereupon, - . - ib.
If more than two members absent, committee to adioura, ib.
If committee unaroidably redaced to nine, it shaa be dissolrad,
and a new one chosen, ..... {b.
Committee may in some cases report resolutions to the house for
their opinion, ...... jb.
Punishment of persons who disobey the summons of the oommit-
tee, and of witnesses who prerancatc, ... jb.
Committee may deliberate in prirate, ... jb.
All questions to be decided by a majority of roices; if the roices
shall be equal, chairman to haTo the casting rote, - SIB
No rote to m taken unless nine members chosen; nor any aMai-
ber to rote who has not attended during the sitting, . ib
How oaths to be administered; false sweving made pei^aiy, ib.
Recognisances to be entered into before any petitiaa ahidl be
proceeded in, ..... . jb.
Time for entering into such recognisance enlaiged, - ib.
Recognisance to be entered into before the speaker, who shiA
judge of the sufficiency of the sureties, - - - ib.
By what default such recognisance shall be forfeited, .. ib.
Proceedings in estreating recognisance, - - . ib.
Committee to report whether the petition before them, er de-
fence, be frirolous and rexatious, - - 30
When tiiere is no opposition to a petition, they shall report wKe-
ther the deetlon, or return complained of, berexatioas orcor-
ruptj ....... ib
Costs in certain casei to be awarded to partv opposing the peti-
tion, -...;.. lb.
Digitized by
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iifinpx TO TKJC Uppi»i Cavada STATirrBS.
Ml
C^t» in eertain eMM to iMTawaided, to be paid to tho potitioniBg
Pag§,
m% opposio^ Bvch petition,
•hftli be paid to the perty petit
been made, end by wbomtneh
tiooing, where
eotUaretobc
ai9
ib
ib.
I>art J by the penooi
In what caeet cotte shi
no opposition hai been
paid, ---;..- lb.
How coits in the above eatee are to be aeeertained, - ib.
How the said eosts are to be recovered, ... ib.
Action Tor contribntion may be bronght against those equally liable, 860
Committee not to be dissolved by a prorocation of parliament,
bat to be adjonraed to the day next after the meeting of pailia-
mcnt, and eontinue their proceedings, ...
4th Geo. lY, c 4, to continue in force two years from 19th Janoa-
rj, 1824, and from thence until the end of the then next ensuing
•ession, .......
4th Geo. IV, c 4, continued by 8th Geo. IV, e 6, for four years
from 17th February, 1827, and from thenee to the end of the
then next ensuing session, .... 489,440
Form of recognizance and of condition thereof, • • 850
I^ist of witnesses to be delivered to the clerk of the house, 439
Commissions to examine witnesses may issue in cerUin cases, 440
Commissioners to take and subscribe the oath preseribed in the
aohedttle maiked A, - . • - . ib.
Times of sitting, • - > - . . ib.
Commissioners to aopoint a clerk; his duty and oath, - ib.
Said clerk to farnisu,.at request of either party, a true copy of
the nroeeedings, Ac, and to be entitled to six pence for every
hanored words, - - ...
How the evidence is to be transmitted to the house,
Evidence to be read on the trial, ....
IVitnesses may be summoned by the commiseiOBers,
Penalty for not attending, .....
Punishment for contempt before the eommissioners.
How penalties to be recovered and applied,
"What proceeding shall be had, if the return of eommissionera is
delayed.
ib.
Remuneration to commissioners and their cleric; by whom paid, 441
Formofcommissioners' and clerk's oath, ... ib.
CRNESTOWN AND FREDERICKSBURGH, TOWNSHIPS OF
Aet for making and maintaining a road between Emestown and
the gore of Fredericksbnrgh, .... 497
Magistrates actmg for Enestown to take charge of one half of said
road, ---•--.468
Magistrates acting for Fredericksbttxfh to take ^Jiarge of the
other half, ....... ib.
(See Frederiduhurgh.)
BNGLAND.
Laws of, to be henceforth the rule of decision in oontrovenies
relative to property and civil rights, ... 80
£RB» DANIEL, AND OTHERS.
Aet for their relief as aliens ; empoweriog them to hold lands in
thisprovinee, *•-... 644.0
EStATES,
Of certain traitors vested in eommissioners,
(&< uUieiu; FnfeiUd Ettatu.)
88SEX, COUNTY OF
Formed, •-..... 93
Aet for better regulating statute labor in the eounties of Essex
and Kent« .......142
KVIDENCE.
Rules of, to be regulated by those established in EngUnd, 80
Before the oonunissioners under the heir and devisee acts, 114
Commissions may be issued bv K. B. for the examination of wit-
nesses where pbtintiff or defendant desires to secnie the testi*
mony of any aged or infirm person, or any person about to
leave the province, or of any one who is beyond the limiU of
the province, ...... 291
Such examination not to be given in evidence, if wituess be
within jurisdiction of the court at time of trial, • ib.
Quakers, Menontsts, Tunkers, and Moravians, admitted to give
evidence in criminal cases, .... 481
iSee ForfnUd Estatei; BUU ef Exchange.)
EXECUTION.
Goods and chattels, lands and tenements, not to be included in
the same writ of execution: nor any process to issue against
the lands, &c. until return of writ against the goods and chatteli, 99
Writ against the lands, &c. not to be returnable in less than
twelve months from teste thereof; and sherilT not to expose
same for sale within less than twelve months from the day of
delivery to him of writ, ..... Jb.
Eight davs' notice of sale of goods, Ac. to be given by sheriff, 150
Sheriff, &c. to give inventory of goods seized, before removal of
them, to the party to whom they belonged, - . 165-6
Sheriff, deputy, bailiff, or constable, not allowed to purchase goods
sold in execution, - > . . . . IGQ
poundage fees, expenses of execution, and interest, may be levied
heyond the debt, - - - - - . 291
In court of requests, no execution to issue until forty days after
W*ud»;mcnt, if sum exceed forty shiHinn, - - 194
earing apparel and bedding in actual use not to be taken in
execution, .... ... 513
Creditors may sue out any other species of execution against
debtors charged ujton ca. sa., ana who hare obtained leave to
reside on the limits, ..... j^.
Furniture to value of £12 10s. and totals and implements of trade
excepted from fsuch execution, - - - -s ib.
EXIGENT.
Writ of, whm to be awarded.
Form of, - - -
Form of reton,
P«fa.
188-
ib.
ib.
FEES.
Established in court of requests, .... 81
Yearly salaries to be allowed to gaolers in lien of» M
Of town clerks and pound keepers, to be regulated in April lea-
sions, ....... 8T
Of oflieers of court of probata and surrogate, - - 48
To jurors one shilling and thrve penee each, in K. B.* « 298
To. do. six pence each, in D. C., • - - 897
In K. B. judges to esublish fees to be taken by all oOtf^n of the
court, 284
Table of fees in D. C, - 288
For licensing attomics, • > .- • • 68
To district inspectors, ..... JQg
To county registers, .-..-- 88
To special Jurors, (five shillings each,) ... 144
To clerk or the peace for certificate of bar of 4ower, - 71
To do. do. for certificates to clergyman, • 80
To do. do. for certificate of alienation of land, by rai»>
mes covertes, --.--. M|
To assessors, .«...-. |46
To collectors of rates, ...... 847
To clerk of commissioners under heir and deviace acts, 268
To justices of the peace, ..... 418
To inspectors of flour, pot and pearl ashes, - - 88*
On warrants of distress for rates, .... 881
FELONY.
Capital, to destroy, Ac. monuments to mark boundary linea, 78
Uttering forged forei^ b'itls or notes declared to be, • 188
When any person guilty of, for which he is liable to be burnt oa
the hand, the court may, instead of such boning, impoaa a
moderate fine, - .... . fy
Power of the courts to imprison not abridged by such svbstitm-
tion of pumsbment, - - ' - - - lb.
(S«t Cotiu; CrimiAol Law.)
FELONS.
Warrants issuing within his Majesty's other govemnanta of
North America, against felons eseapmg therefrom, ouy be an*
euted within this province, being duly endorsed, - T8
fieeurity being also previously given to indemnify the preriaee
against any expense, and to bring the offender so appreheadad
to trial, ...w... Ah
May be whipped and fined, instead of being burnt oa the haad, 87
Ma^r be imprisoned and kept to hard labor, - - Ib.
Banishment substituted for transportation, - - ' • 88
Provisions in case of return from banishment, or being fimad at
large in the province, before the period is expired, - ib.
Power of his Msjesty to pardon not restrained, • • Ib.
Persons committed for felony, Ac. in Ottawa district, to be tria4
in Eastern district, .....# 101
FEMALE BENEVOLENT SOCIETY OF KINGSTON.
£100 granted in aid of the funds of, • - - 648
FENCES
Suificiency of, to be within the oognizaaee'of overseers of high-
ways, ....... 88
To Le erected where there are waters or praeipiees, 184
Penalty for destroying of, - - • - • 166
FERRYMEN.
Need not serve in the militia, except in time of actual service, 186
Convicted of breach of the rules of Q. 8. respecting ferries, to
forfeit twenty shillings, ..... 72
FERRIES.
Q. 8. to ordaiu rules and regaktfons and to assess the rates for, ib.
Table of such regulations and fees to be posted up at the ferry, fib.
FIRE OR TORCH LIGHT FISHING.
No person to fish bv torch or fire li^ht in any river or creeic,
within one hundrea yards of any mill or mill dam, - 230-80
Penalties for breach of 2d Geo. I V,clO, - - - 280
FIRES.
Magistrates in Q. S. to make regulations to preveiit aeeidantd
fires in towns, Ac. where forty store and dwelling houses or
more are erected within half a mile sqnare, - • 81
Formation of fire companies, and privileges granted te the mam^
hers of such companies in poliee towns, ... 408
Persons serving in such companies may be diseharged for ut^
Itect or misconduct, - • - - ' • lb.
Justices may exercise their discretion as to forming and eon-
tinuing such companies, . . . 'f . 408
FISHERY, HERRING
Act for the preservation of, at the outlet of Bnriington bay, 888
FINES AND FORFEITURES.
How to be accounted for and applied, - • - 68
One moiety of fines, Ac. under 60th Geo. Ill, c 6, granted to his
Majesty, the other to the party suing for the same, - 162
How militia fioes, &c. collected, .... 204
Such fines as by the law of England are appropriated to the use
of the poor, to be paid to the treasurers of the several districts,
for tlie use of the respective districts," ... fill
One moiety of the fines iniposed for brtadi of the market ran-
lations of the town of Kingston, to go to the informar, taa ^
other to be paid into the di»trict treasury, - . \ 9U W\ I /-y
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briuBX vo THK Ufpk» Canada Statutxb*
Pagt.
flamborough west and ancaster.
Governor, &g. to direct surreyor gtnenl to eaote bomdar^ lin«
' between Ancaster and FUmbnroui^ West, to be atcerutned, 895
Permanent boundaries to be placed at the gorerniag point*, and
iocb line to be considered the true line, • - - ib.
nouR.
Appointment in ererj district of inspectors of flour, and pot and
peart ashes, ----.- 92
OAtb to be taken by inspectors, .... ib.
(Aa to importation ofjioMr^ tee HHieat.)
Mode of ezaminiDg flnur, See. * - • - > ib.
Fees to inspectors, ---..- ib.
Flour packed in barrels to be branded, ... 260
To b« merchantable and well packed, - - - ib.
Each cask to contain one hundred and ninety-six pounds, ib.
Flour to be marked according to its quality, - - ib.
To he liable to inspection, - - - - - ib.
Expense of inspection, ..... jb.
Punishment for puttiAs a false tare on any flour cask, • ib.
Penalty for counterfeiting bMnds, &c. ... jb.
Inspectors to wei^h casks of flour, &c. ... Jb.
Penalty If found light, - - - - - » ib.
1 Inspector to mark fl'>ur inspected by him, ... ib.
And to alter the mark denoting its quality if found incorrect, ib.
Inspectors not to deal in flour, .... 261
How fines, &c. to be recorercd and accounted for, - ib.
FORGERY,
Of memorials of deeds or conveyances, punishable as by 6th Elis.
entitled, **An, act against forgers of false deeds and writings," 64
2d Geo. I V, c 12, rendering legal small notes, &c. to have no re-
trospeetive operation as respects any forgery or other crime
committed in respect of such notes, &c. • - 281
FORFEITED ESTATES.
Persons who having come from the U. S. and received graats of
land in U- C. representing themselves to be British subjects,
and having taken the oath of allegiance, who after 1st July, 1812,
shall have voluntarily gone into the U. 6. without license, Stc.
to be deemed aliens, and incapable of holding lands in this pro-
vince, - 178
Oovemor, &e. may authorise, by commission under the seal of
the province, any sheriff', coroner, he. to inquire of such per-
••M by a jury, and also what lands they were seised of, and
after eueh inquisition, such lands to revert to his Majesty, ib.
Persons interested in such lands may traverse such inquisition
within one year after the peace with America, or after finding
of such inquisition, ..... ib.
64th Geo. Ill, c 9. not to afiect claims of bona fide creditors, or
d^eat any just lien or claim on such lands, - - ib.
No commission under &kh Geo. Ill, c 9, to issue after 1st July,
1828, 463
Oovenior, Sec to appoint commissioners, in whom forfeited es-
tates to be vested, 228
Certified extracts of inquisitions to be furnished to the commis-
sioners by the clerk of the peace, ... 229
Said extracts to be entered in the commissioners* books, - ib.
An extract of such entry, signed by any two or more commission-
ers, to be evidence in courts of justice, ... ib.
Genera] duties of the commissioners, under S9th Geo. Ill, c 12, ib.
Mode of proceeding, ..---. ib.
Register to be open to public inspection without fee, - 229-30
Duplicates of entries to be transmitted to the clerk of tiie peace
in the district where such lands lie, ... 230
Notice to be given of such entries or registers, - - ib
Id what manner claims to or out of such estates to be made, ib.
Time of making claim, ..... ib.
If claims not made within the terms limited, estate to be forever
discharged thereof, . . . - ib.
How claims of infants, lunatics, femmes eovertes, &c.to be made, ib.
Claim to be in writing, ..... ib.
Hnvr commissigners are to proceed on such claims, - 231
Commissioners* decree to be final, unless appealed from within
thirty days, ...... jb.
Commissioners of appeal, ..... ib.
Examination of claims by commissiooers, ... ib.
Evidence to be produced, ----- ib.
ptaiasants may be sworn, - . . . . ib.
Attorney and solicitor aenerals to defend on behalf of his Majesty, ib.
In what manner sums decreed to claimants shall be paid, - ib.
Sheriff* to put olaimauts in possession of real estates decreed to
them, -....-- ib.
Estates when to be vested in the commissioners, « • - 232
Commissioners to sell forfeited estates by auction, - ib.
Parsons having entered into, &c. such estates, to account for the
profits thereof to the commissioners, . . - ib.
Or in default to pay double value of such profits, to be levied, &c. ib.
Days of meeting of commissioners, who may send for perfons,
papers, &c. .-----. ib.
Commissioners may administer oathc, ... 233
Penalty on sheriffs, he. not obeying the precepts of the commit-
■ioners, ....... jb.
Appointment of clerks, he. by the commissioners, - ib.
Fees of clerks to be regulated by the commissioners, - ib.
Oath to be taken by the clerks, he. ... ib.
Pkoriston for the ramnneration of inferior oflieers, &c. by the
commissioners, ...... ib.
Proceedinge in appeal, ..... lb.
Attoraey and soheitor (^erate* aeooantt how to bo audited and
diaeharged, ...... 288-4
Page-
Oath to bo taken br the commietioMn, and soenriily givvo, 234
Remuneration to the eommissioBerSv - - • ib.
Oath of special receiver, ..... jb.
Seconty to be given by, .... - jb.
Remuneration tn, ----- • fli.
Appropriation of nett proceeds, .... ib.
Coinmissionera under 59th Geo. Ill, c 12, may revtec all claias
brought before them, respecting lands not yet sold mdcr that
act, and where there have been bona fide sales by the alien, or
under a juds^ment a;»aiust him, before his depanure fmm (he
province, and before the passing^ of &4th Geo. Ill, o 9; may de-
cree the lands to the persons claiming under such sale, • 277
Ciaim may be within six months - . - - lb.
Commissioners empowered to decree to their right owners, es^
tates which appear by the inquisition, evidence, and return,
to have been returned forfeited by manifest error; provided
such estate has not been sr>ld by the commissioners, - 277-8
Provisions of 2d Geo. IV, c 6, extended to cases of persons who
may be hereafter found aliens by inquisition, - - 278
Where estates of aliens have been sold in execution, the awphis
to be paid over by the sheriff to the commissioners, - ib.
Deeds or bargain and sale by commissioners shall be Talid, if
signed by a majority of the commissioners for the time being, ib.
After 1st August, 1821, eommiesiouers to meet on first Taeaday
of January, April, July, and November, and at no other ttma^
unless to determine special matter, - - - _ ib.
Persons preferring claims before the commissioners, may with-
draw tne same ; and all proceedings had thereoa shell eeaso aad
be vacated, . . - - - - - 807
Provision for enabling the commissioners to rectify errors in cer-
Uin cases, notwithstanding the estate may have been sdld« 468
Purchaser's consent to bs first obtained, ... |b.
Return of purchase money, ..... ib.
Saving of right to traverse, ..... |h.
Power given to the commissioners in certain cases, with coaeent
of parties, to transfer lot« intended to have been sold, in place
of those erroneously sold, and to accept transfer of the latter
in return, ---.--- 49|
The lauds so transferred to the commissioners, as hmrinf been effo-
neously sold, may be bv them oonveyedto the righlfiil chimairt, 49f
When purchaser of landfs erroneously sold, declines accej^ng
intended lands in exchange, purchase mon^ to be repaid to
him with interest, and the land conveyed to rightful owner, ib.
FORTY-FOURTH GEO. Ill, Ch. 1.
Entitled, " An act for the better securing this proviaec against
all seditious attempts or designs to disturb the tTanquilitT
thereof," {repealed,) W^
FREE CHURCH, AT DUNDAS.
Act to incorporate certain persons as trustees for, - M8-6
FREDERICKSBURGH AND ERNESTOWN. TOWNSHIPS OF
Act for making, he. road between Emestown and the gore ^
Frcdericksburgh, - . - . - - 467
Justices acting for Emestown to take charge of, and cause to bo
made, &c. one half of the road between Eraeatown and the
gore of Fred cricks burgh, - - - - - 4gS
Justices acting for Frcdcricksbuixb to take charge of, and cause
to be made, &c. the other half of said road, - - iK
Act to provide for survey of first, second, and third conceasions
of Fredcricksburgh original, and the whole of Fredericksbaig^
additional, ...--- . 41ft
FRONTENAC.
County of, formed, .--.-- SB
Certain new townships added thereto, ... 270
{See Proclaimaiumt p. 26.)
GAOL AND COURT HOUSE.
To be erected in every district,
Duties of the justices in the «rection of,
{See each Diatrict.)
GAOLER.
Sheriff' to appoint, - - - - - - 84
Penalties on, for selling liquors in gaol, . - • ib.
• To be bound by rules made in Q. S. respecting the gaxd, when
such rules approved by one of the judges of the supreme court, ib.
Yearly salary to be appointed to, in lieu of all fees, - ib.
GAOL LIMITS.
Sixteen acres of ^und contiguous to the several {piols, to be aa-
signed as limits, within which debtors confined m nol may be
permitted to reside, on giving security to the sheriff, - 512
Debtors having the liberty of gatol limits not to be entitled to
weekly allowance, ----- ib.
The limits of the gaol in Niagara may be extended to twenty-aix
acres, ------ - jb.
Sheriffs may recover debt, damages, knd costs, against debtors
withdrawing fmm the limits, or their bail, - - ib.
Bond for the limits may be assigned, . - - ib.
Provisions of 11th Geo. IV, c^, not to extend to persons in
custody for any criminal chai^, ... - ib.
Assignee of bond for the limits may maintain an action thereon,
which shall not be released by the sheriff*, - • 512
Bail for the limits may surrender their principal, - - ib.
Surrender not to prevent fresh security oeing 'given, -■ ^ 51S
Creditors may sue out any other species of execution agalaat
debtors charged upon ca. sa., - - • - ib.
Household furniture to value of jC12 IQi. and tools and imple-
ments of trade of debtor, not to be aeixed on such subsequant
azaontion, - - - - - ^ - - ^ . ib.
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Pagt.
Creditor* mfty tender intcnroipitories to debton confined on the
liniiu in like manner as to insolvent debtors, - - olS
If debtors nejjlcct to answer iiiterrog^atories tendered, for twenty
days, tbey shall stand committed to clos3 custody, - ib.
False swearing in such answers deemed ijerjury, - - ib.
Prisoners enjoying the old limits to continue thereon until new
limits assigned, - - - , - - - •»>•
GAOLS.
The common gaols of the several districts declared to be houses
of correction for the punishment of oiTenden, until such houses
shall be erected, ------ 161
OAE^DENER, ALEXANDER
Act for relief of, under 54th Geo. Ill, c 9, -
835
GIBRALTAR POINT.
i^200 granted for repairing the light house thereon.
To be paid to collector of customs of the port of York» -
Light nouse duties imposed, ....
Regulations with respect tc packets, . . -
Penalty for omitting to pay the duty, ...
Amount of duties how to be applied and acoounted for.
409
ib.
ib.
ib.
ib.
ib.
GLENGARRY, COUNTY OF
Formed, .,.---- 81
Act for the better division of, into townships^ - .". . ^^
JC300 g^nted for the improvement of the river Auz Raisin, in
•aid county, ------ 689-^
iSte Proelamation, p. 24.)
GOLD COIN.
iSee Coins.)
GOODS AND CHATTELS.
{See tVriti; Execution.)
GORE, DISTRICT OF
Formed out of certain parts of the Home and Niagara dis-
tricts, . "^ - . - . ^ - 199,200
All courts, &c. held in other districts, to be held in, - 200
Gaol and court house to be erected for, on Jot No. 14, 3d conces-
sion of township of Barton, - - - - .
Until gaol and court house erected, justices within the district
to appoit<t a place, &c. for the holding of courts.
No jurisdiction of the Home or Niai;ara districts to extend to.
Justices to exercise the like authority in, as heretofore held with-
in Home and Niagara districts, . - - -
Regulations as to assessments, ....
Blocks No. 1, 2, 3, and 4, named, - - - -
Counties of Went worth and Halton formed,
Provision for representation of said counties, - - ^
£00 appropriated for yearly salary of the sheriff, - 213, 305, 444
District school established in, .... 242
To be kept at Hara'lton, - . - - - - 243
Provisions of the law for the preservation of salmon, extended
to certain partrf of, - - - - 280
Justices of, may apply the district rates towards building a gaol
and court house, ------ ^0
Expenditure not to exceed jC4,0n0, . . - ib.
Justices at Q. S. in April, 1827, to direct the treasurer to raise
by loan a sum not exceeding £4,000, to be applied in building
gaol and court house, ----- jb.
Said loan not to bear greater interest than six per cent., - 451
Not less than £300 to be applied annually for repayment of loan, ib.
Treasurer to have no per ceiitage on the money so borrowed, ib.
£450 granted in 18:%, in aid of building a'brid,^e across ;[he
Twelve-Mile creek, and reducing the hill on the north side
thereof, 427-8
£1,600 granted in 1830, towards the improvement of the roads,
&c. in said di&trict, - - - . - 525
£2,000 granted in 1831, for same purpose, - - - 576
£76 unexpended of appropriation of 1830, authorized to be laid
out, 590
GRAND JURY,
Of the Home district to make })re8entroent of what would be a
reasonable sum for support ot insane destitute persons, 634
{Set Insane Dee Mute Persona.)
GRAND RIVER.
Act granting a sum of money In aid of building a bridge across, 150
GRANTHAM ACADEMY.
Act to incorporate the trustees of, - - - - 623
First Monday in May, 1880, meeting of subscribers to be held in
St. Catharines, who shall elect five trastees, - - ib.
Appointment of secretary, treasurer, masters, assistants, &c. to
be then made, ,-..-- ib.
Public notice to be given of the day of meeting, - - 624
Trustees, treasurer, and secretary, declared a corporation, ib.
May hold five acres of land, - - - - ib
Shares £2 10s each, - - . - . ib.
Stockholders to Tote in proportion to shares held, - - • ib.
None to be trustees or officers, except stockholders and British
subjects, -----.- ib.
None but British subjects to be appointed teachers, - ib.
Statement of the affairs of the academy to be laid before the
stockholders at each annual election of trustees, - ib.
Shares ta be transferable, - ... - ib.
Extra meetings may be called, .... ib.
Aet declared a public act, • - - - - ib.
Stock or eifecta not to exceed £5,000, ... ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
GRANTS OP LAND.
To two or more persona and their heir*, to ba coustmed to ope-
rate as giving estates in common, unless expressed in such
grant, to l)e to the use of sucn grantees, as joint tenants, 100
The rights of purchasers, mortgagees, &c. not to be impeached
in consequence of said error, - . - - H>,
{See IMtere Patent; Heirt and Devieeee.)
GRENVILLE, COUNTY OF
Formed, """"'"' "*
(See Proclamation, p. 24.)
GUARDIANS. - . ,
, Act respecting appointment of, - - - - 441
How guardians of infants shall be appointed, and by whom, ib.
To give security by bond, . - - - - ib.
Bond to be recorded, ... - - 442
Gnaidian to act fur and on behalf of, and to prosecute or defend
for his ward, ....--
May bind ward an apprentice, . - . -
Limitation of apprenticeship, ....
How guardian may be removed, ....
In what cases the surrogate judge shall appoint a guardian, and
in what cases the judge of probate, ...
Ap]»eal to lie from surrogate court to court of probate,
Appeal from court of probate to governor in council.
Table of fees, - - - - - . -
GWILLIMBURY WEST.
£150 granted for improvement of the road in, - - 885
HALDIMAND, COUNTY OF
Formed, - -.- - - " • ®
So much of, as lies between Dundas street and the Onondaga vil-
lage, includingsaid village, to be part of county of Wentworth, 201
Inhabit mts of, authorized to hold town meetings, &c. - 164
Tow^nships of Rainhaiu and Walpole added thereto, - 41&
HALF PAY OFFICERS.
Need not serve in the militia, except in time of actual serrica, 18B
HALIFAX OR PROVINCIAL CURRENCY.
Established, - - " - - - - - 2B1
After 1st July, 1822, no interest recoverable on any instrument
made in this province, in which the sum payable, &c. shall be
expressed in New York currency, nor any costs allowed in
actions brought thereon, ----- 282
No rendering of account after said date, to be deemed an
acknowledgment, unless expressed in provincial currency, ib.
No shop books to be received in evidence as to any entry, unlesf
such entry made out in provincial currency, - • ib.
HALLOWELL, TOWNSHIP OF
The southernmost parts of Marysburg and Sophiasbnrg to be
foiincd into a distinct township, - - ... 76
Lieuten.int governor may declare on or before 1st August, 1797,
the name of such township, - - - - 77
HALTON, COUNTY OF
Formed, --..-.. 201
Provision made for representation of, ... 210
Certain new townships added thereto, ... ^ff^
HASTINGS, COUNTY OF
Formed, ....... 82
Certain new townships added thereto, - - - 270
iSee Proclamation^ p. 25.)
HAWKERS AND PEDLARS.
Act granting to his Majesty duties on lieeUMt to, - - . 205
Said act continued, (except 1st, 2d, 7tb, and 8th danses,) and
further provision made in respect to, - - 217, 328, 469
Licenses to be taken out by, - - . . %yfl
For every license to hawker, &c. traveUingon foot, £6, - ib.
For do. to do. travelling with horse, male, &c. £10, ib.
For do. to do. sailing with decked vessel, £25, - 218
For do. to do. trading with boat, &c. £20, - - ibb
Authority to justices, collector, &c. to seize any hawker, pedlar,
&c. trading without a license, or refusing to produce the same, ib.
Three or more justices, on complaint, may fine oiTenden, ib.
Amount of penalty, •----. ib.
May be imprisoned in default of distress, - - - lb.
Appropriationof penalties; one half to the informer, • ib.
Cases in which it is not necessary to take out liceaae, • 205, 4l09
HEIRS AND DEVISEES.
Commissioners to be appointed to hear claims of heirs or derlaeea
of original nominees of th<5 crown, - - - 114
Documents and evidences to be pi*oduccd before the commitsioOf
crs, -------- ib.
Commissioners to administer oaths to the parties, and to ■umaiaB
witnesses, --..--- ib.
Penalty for not obeying the summons, ... ib.
Nature of the testimony to be received, " ". " ?^*
Commissioners to determine and report npon the claims, • ib.
Letters patent to issue, ----- 115
Effect or the letters patent to be issued, - • • ib.
Instruments by which lands are charged to be registered, ib.
Commissioners to determine the claims of the heirs or deriteea
of persons allowed lands under former commissioners, and ra-
port upon the same, .... - |b.
Letters patent to issue to the said heirt or dcTisftec, • ib.
Report obtained by surprise, whentobera-heard, and baw elaimi
to be let in. - ^ A'r^r^Ar^
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141
ib.
CofU to be aUoired by th« committionen, -
Omnmiftiooen to bold their ■ittinfft at York, onee in ereiy jtar,
toeontioBe tffteen deye, conoMBeiag ob the ftnt Monday in
July, 1^
Ilotieei of fltuini to be pot up in the ofiieet of the cleric* of the
peace, and prodaeed to the commiMioners, - • 116
Proceedingt of the commiMioDera npoD advene elaima, - ib.
CoiDmissii»n« when to be tsaued for tho examination of witnewea, ib.
Penalty nf awearine (alaely before the commisaionera, - ib.
Coatt to be allowed by commiaaionera to witoesaea, and how to
be recovered, "'*""* ™
Clerk to be appointed by eommiaaionera, - - 117
Feea allowed to the clerk, ----- ib.
45th Geo. I U, c 2, to be read at funeral Q. 8. - • ib.
4Gth Geo. Ill, c 2, conttnaed by 48th Geo. Ill, c 10, - 140
Who may bring claima nnder 4dth Geo. I II, e 10, • - 141
Commiaaiooera nnder 48th Geo. Ill, c 10, to bear and determine
claima, and to report thereupon in like manner aa directed by
46ihGeo. Ill, ci, jj.
Patent to iaaae to peraona entitled under that report, • ib
Proriaion of 45th Geo. Ill, c 2, extended to peraona claiming iiti-
der48thGeo. ni,e 10, - - - - • .
A commiaaioner to be api>ointed in every diatrict, to take teati-
mony relative to claima under 48th Geo. Ill, c 10,
Penalty for awearing falaely before auch eommiaaioner, •
Governor to appoint the commiaaioners, &c.,
Clerka of the peace to affix a liat of claima where Q. S. are
naoally held, once every three months, ...
48th Geo. Ill, c 10, (except certain part thereof repealed,) con-
tinued bv 52d Geo. Ill, c 9, - " - " in
62d Geo. fll, e 9, continued by 66th Geo. Ill, c 21, - 208
56th Geo. Ill, e 21, continued by SOth Geo. HI, c 18, and ita pro-
viaiona exteod<*d, - - - - • " 266
Peraona claiming laoda aa heira, deviaeea, or aaaigneea of the
original nomiueea of the crown, to claim the aame before com-
misaionera, - - - - - - 817
Notice of claim to be put up in the court houae of the diatrict
where the landa are aituated, three montha before the aitting
of the commiaaionera, - - - • ib.
Proviaiona of 48th Geo III, c 10, extended, - • ib.
Pateota to iaaue for landa contained in commiaaionera' report, 818
Aflidavits touching claima under 4th Geo. I V, c 7, may be Uken
by commiaaionera in any diatrict appointed to take affidavita,
touching claima under former acta, - - - ib.
Commiaaionera for taking affidavits in K. B. may take affidavita
relative to claims under the heir and deviaee acta, • 484
Falae awearing in such caae made perjury, - - ib.
Fee for taking affidavita, one ahilling, ... ib.
HEMP.
£800 appropriated for purcbaaing machinery for dreaamg and
preparing nemp for exportation, .... 809
£50 annually, Tor three yeara, to be applied for keepi4g aaid ma^ .
chinery in repair, ------ 810
Said mnniea how to be paid and accounted for, - - ib.
Act to permit importation of aaid machinery free of duty, for a
limited time, (expuW,) ..... 821
HERRING FISHERY.
No person to take any herring at the outlet of Burlington bay,
between lat September and 1 at January, except on Mondaya,
Tneadaya, Wedneadaya, Thnradaya, and Fridaya, • 888
Penalty for infringing aaid ragnlation, ... . 889
Diatribution of penalty, - . - . . ^b.
by the juaticea at April <l. 8.,
87
ib.
HIGH CONSTABLE.
To be appointed ai
Oath of office,
HIGH TREASON.
Certain proviaiona in 7th Ann, c 21, and 17th Geo. II, c 29, rela-
tive to, repealed, Ac, ----- 179
HIGHWAYS.
Election and dutiea of overaeera of, ... 86
The anfficiencyof fencea to be within their cognisance, - ib.
Road between Sandwich and Maiden to be kept in repair by the
inhabitanta of aaid township*; and alao the bridge over the
river Aux Canards, .... - 98
Penalty for refuaing to work thereon ; labor to be done, - ib.
Roada and bridges m the county of Kent to be kept in repair by
the inhabitanta thereof, 142
Peraona living between McKee*a creek and Belle river, in coun^
of Eaaex, to keep and repair road and bridgea between Pike'a
creek and aaid B«lle river, and acroaa the aame, - ib.
Bridge over McKirgan'a creek, in Kent, to be kept in repair by
inhabitanta of townahipa of Howard and Harwich, - ib.
Bond from lot No. 8, in Howard, back to Amnld'a mill, to be
kept in repair by inhabitanta of Camden and Chatham, ib.
Bridge over the main fork, near town of Chatham, to be kept in
repair by inhabitanta of the upper half of Raleigh, - ib.
Penaltiea tor refuaing or neglecting dutiea required by 48th Geo.
111. c 12, - - - - - - - jb.
Mode- of conviction and levying penaltiea, • • - ib.
Application of penaltiea, . - - - - ib.
Said work to be conaidered part of atatute labor, - - 148
Survayora of bighwaya to be appointed by the Q. S-, IKI
Oath of aurveyora^ - • - - - " »*>.
Snrreyora, on application to alter or open a mad, ahall report
th«reapmi to Q. 8. ; i" "^
oppitaed , report to be
ication to alter or open a mad, ahall report
L ; if BO opposition. report^to be confirmed; if
i be eonftrmed, annulled, or modified by a jury, lb.
No highway to be altered ao as to lead thrc«gh any ordittd. g^V'
den, or to remove any building, without eonaent of owner, lit
Q.. 8. may authorise anrveyor to employ a aurveyor of laads, h.
Suneyor of landa so employed to receive out of dietneC faada,
ten ahillinga per diem, except in caae where Rwd laid mK i«
not confirmed by Q. S. ; expense then' to be borne by party' ^
plying, - - - • - - ' - 154, TTl
Bridgea and canaewava not to be leaa than fifteen feet In vidch;
trees ou unencloaed and unimproved land may be rut down ftor, A
Fencea to be erected where there are watera or precipieee, A
Surveyora of bighwaya to receive aeven ahillinga and six peace
yttt day out of diatrict treasurv, .... jk.
Exception where report not coonrmed; (to be then paid by paftj
applying,) --.--- - 171
Surveyor to sell land through which old mad pasaed, unless on-
er of land through whicii new road may pa»a, take it for eoan-
penaation, .... - - m
The price of the land aoM to be given to owner of the laad
throuxh which new mad may paaa; if not aatiafied with the
same, jury to detarmine what further compenaatioa he alaall
receive, ..----. j^
Applicanta for new road, (after aale of old mad and pracaads
paid to owner,) deemed liable to pay any farther aam, to ba
ascertained by a jnry; and in case owner ahall within three
months from date of report, apply for compensation, no nadcr
to issue for statute labor on aaia new road, unices dtecifanirw
for the same, or releaae for the land, or proof ef tender of t£« ^^
value, be produced to Q. S., - - - - SBT
Justices may pay the compensation out ef district funds, if aaw
road of manifest utility to the public, and art of a kical na-
ture, ---...- j>.
Government allowance for road not to be sold, • 98
Justices to ascertain the diviaiona which they dbaU allet to ovo^
seers in parishes, townships, &c. and may give oiden to aaid
overaeera, .------ IK
Duty of the overaeer, . - - - - ik
Penalty for not obeying anmmona and order of ovenaepi, 9^
Penalty if overaeer neglect to aummoa, - - * ib.
What deemed a public highway, . . - - &
Penalty for stopping or incumbering nada, deatnjing fcAeaa*
and railing of^ bridges, . . . - • h.
Mode ofappointing overseers of highways, . - ih.
Provision relative to appointment of overaeera aa £sr aa nlaiaa to
any town, repealed; and justices to appoint a earreyar ef
streets, .... . . . 885^
Oath to be taken by the surveyor of streets, and whafa aad by
whom administered, ..... 355, m
List to be made by overseen, of persons liable to wefk on the
highways, -.---.- 155
Copy of said list to be delivered to the jnstieaa of the divi-
sion, ---.-.-- ISM
Overseers to collect compositions and forfeitnrea, and to keep aa
account of duty done, compounded, or unpeiformad; also ef
monies received, applied, and due; and deJiyer the aaid ac-
count to the justices, .... - Iff
Persons who shall work on the highways, to bring toaU for that
purpose, ....... .ft.
Honn of working, (eight hours for each day's woik,) ik
Manner of working, ...... ib.
Penalty for negligence, &e. in woricing, - - • ib.
Notice from the overseer to woik, - - - - ik
Penalty for not working in purauance of aach notice, with cart,
waggon, &c., and also for not perfonning pcrsoaual labor, ak
Application of forfeitures, - - > - • ib.
Recovei^ of forfeitures before making up of aceoonts, - ibw
Composition money to be paid to oveneer, - • 15S-7
Application of the same, • • . - . ]5f
Surveyor, when money is wanting for any work of advantage, aa
the public highways, to certify, &c. - - - ib.
Juatices in Q. 8. may order such work to be performed, and the
money for, not exceeding £60, to be paid oat of the diatrict
treasury, -..---- ih.
Trees cut down, or falling out of enclosed lands, serosa highway,
to be removed bjr the owner of the land, - - ' ib.
Penalty for neglecting to remove, .... ib.
Mode of recovering forfeitures under 50th Geo. Ill, el.- ik
Application of the same, ..... ib.
Orerseer neglecting to apply composition to the use of highways,
or refuaing to account for same, liable to impriaoMnent, cc
until he render aa account and pay the money ever to the jns-
ticea, .......a».
Such money to be paid by the juaticea to the overaeer for the ca-
aning year, to be applied aa other composition laooey, • t^
Swearing falsely to account of compoaition numey Uaale to ths
punishment of peijury, .... . tk
Doty of overseers, in caae any highway be ohatmcted by aaow, ik
Stakes and beacons to "foe stuck on each side of tho mada ssd
over frosen watera, when necesaary, . - • 19
Penalty for neglect, ...... ik
Special aesaiona maybe held for purposes of 60th Geo. IH, c 1,
by two or more justices, ..... ik
If snv one omitted in aaaeaameat rail by mistake, he shall Bev«r>
theleaa be liable to work, - • ... jb
When the whole of the statnle labor not rcqu'rcd.jntiecs may
lesaen the same, . - - - - - ' ik
Protection of overaeera in discharge of their duty, • ik
Actions founded on things done in !piirsnance of 00th Geo. lU,
c 1, tobe commenced within three months, - ib^
Plaintiff to pay treble costs on non-aait or discontinoanca^ i^
Soil and freehold of roads under the proviaiona of BOrh Geo^ III,
c 1, vssted in his MsJMty, .--.[«•
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Srerj jMiitv iiJiabitattt, trom the ftftf o^ twentv-one to fifty, not
rated on th« aiseaineiit, ihall work on tbo highways for three
days, -^
P«jMaty for refuaal, ------ ib.
In eaa« any perfton shall remove to another township, overseer
to-£riuit hini a eertifieate, . - * - ' id<
After first Monday iu March, 1820, what persons are to perform
labor CD the hi^ways, and in what proportion, - • 2G0
LAndfl • abject to be assessed, but not included in assessment mil
of aiky towoahiiK rMed at one eighth of a peony per acre, for
amending the roads, - ... - ib.
Treasurer. to receive such rate, and if not paid, and the land iiBoe'
««nied,'the rates may be levied by distress at any time after
it becomes oeeopied, .".... ib.
Ratea to accnmalate by increased proportions, if eaffeNd to •»•
raain in arrear, ...... ^1
Treasurer to charge lands in his district with rates, - ib.
B( nks to be open to public inspection; fee for search, • ib.
Collectors to pay over money to treasurer, - • ib.
Compensation to collectors, ----- ib.
Fees on warrants of distress, &c. .... ib.
Overseers to render accounts on oath, .* * ' ^^'
Mouey not expended by overseers to be paid over to their suc-
cessors, ------- ib.
Swearing falsely made perjury, - . - - ib.
Power given to magistrates, in certain cases, to exempt from sta-
tute labor, - - - - - - - 252
PeRooa (other than inhabitants of towns liable to more than six
days* labor) may compoui\d by paying two shillings and six
pence per day in lieu, kc. 855
Pcraoos resident in towns, sad liable to more than six days' la-
bor, to pay surveyor of streets, on 1st May in every year, two
■hil.ings and six pence per diem, - - - ib.
Any person liable to perform the duties required by 4th Geo. IV,
c 10, or any other acts respecting roads, may compound for
anch doty by paying overseer five shillings for each cart or
wagon, team and driver, per diem, . - - - 358
And every person liable to perform such labor, may compound
for the same by paying the overseer two shillings and six pence
for each day's labor, ----- ib.
Justices, at any special session holden for that purpose, may order
aurveyor of streets to amend any street, &c. - - 356
Within ten days thereafter, surveyor to summon persons liable,
and order them to repair and amend snch street, Sec. - ib.
Pensdty for neglecting and refusing, . - . ib.
Conomntation money to he expended br snnreyorc^ streets, wider
direction of the justices in making, jtc, streets, &c. - ib.
Jnatiees at any special session may direct surveyor to expend
part of said money for repair of any highway or bridge in the
vicinity of sudk town, ..... S56
ISarveyor of streets, and persons under him, in executing orders
of justices relative to their duty, discharged from any action <^
trespass, Sue. ...... ib.
Sttr\'eyor to be remunerated by order of justices in Q. S., and
shaft authorize him to detain amount out of such monies as he
may reeeive, ... . -' . . ib.
If persons liable to pay money under 4th Geo. IV, c 10, refuse or
neglect to pay, ten days after demand, two justices within the
division may levy for doable the amount by distress, with
costs, &c. ------- ib.
Money so levied how applied, - . - - ib.
Treasarer to pay to order of magistrates in special sessions, in
. March, all such monies as may have been collected by rate of
one eighth of a penny per annum; such money how to be laid
out, -------- ib.
No road under 50th Geo. Ill, c 1, after 19th January, 1824, to be
made more than sixty-six, or less than forty feet, in width, 357
Roads previously made not to be affected, - - - ib.
If any road shall be altered, the new one not to be less in width
than the old, ib.
Justices, in March in each year, or in Q. S. (on application in ,
writing by at least twelve freeholders,) may apply part of the
statute labor of any town or township, &c. on any highway ad-
joining, ---.-.. ib.
Persons liable to rate of one eighth of a penny per acre, on any
lands, may expend within the township in" which it lies, the
amount thereof, with the consent and approbation of Q. S. ;
and if expenditure approved of, <^ S. may direct the treasurer
to set off said sum to the credit of such lands, or to arrears due,
itc. thereon, -.-_.. ib.
All acts done by road surveyors, who have been suffered to serve
beyond their year without beini? re-elected or sworn, made
▼afid, notwithstanding the want of such re-election, - 487
9th Geo. IV, c 5, not to confirm any thing dnne by road survey-
ors after they have been legally removed fmm oMce, • ib.
Any perstm legally appointed surveyor of highways, and who
takes oath required, may continue to act untj] legally removed,
without again taking oath of office, ... jb.
Thirty overseers may oe appointed for each township, - 516
Said additional iiverseers to be chosen as heretofore, and to have
the like |iowers, ---,-. ib.
Revenue arising from duties on innkeepers to be applied exclu-
sively towards the liauidation of the debt and interest contract-
ed f(ir the public hi en ways and bridges, ... 516
jC18,660 granted in 1830, for improvement of roads and bridges, 525
£20,000 granted in 1831, for like purpose, - - • 574
Unexpended moTiies of grant for ISSU, authorized to be laid
out; - - . • - - . 580
HILUER, TOWNSHIP OF
Formed, of south part of Areeliasbui^,
Page.
HOME DISTRICT. .^
District of Nassau to be so ealled, - •• - * «. 5
Formed of the counties of Tnrk and Simeoe, - « o^ 97
Sheriff of, to return panaci of jurors for trials at the assises, on
the first day of each term, without a venire &eiaa, - ,^®
Issues joined in, by whom and when to be tried, ■> * aMV-l
Coiiimission of oyer and terminer and j^ol delivery begiia heferc
• first day of any term for Heme distnct»to continue sitting nol^
withstand:ng the sitting: of K. B., - - - 214
Act to authorize and provide for boildiag a gaol and court iMMlsa
in town of York, in said district, and repealing 12th clause 32d
Geo. Ill, c 8. JJp
Justices to procure p!ans of gaol and eourt house, « 881
Justices authorized to contract for erection of gaol and eont
house, ,- - - - " ".1, *^*
All monies in the treasurer's hands not required for the ordinary
pan>oses of the district, to he applied to bvfld gaol and coart
nouse, -----. -^ 1^
Justices aathorisfed to raise by loan not exceeding £4,000 for
said purpose, - - - - - -lb.
Not more than six per cent, to be paid for said loan, and not lets
than £290 to be applied annually towards the payment thereof, -ib.
Second clanse 4th Geo. IV, c 24, as regards the ^ clause a2d
Geo. Ill, e 8, repealed, - - - " * A^ .a** ^^
Justices may direct the treasurer to raise further loan of £2,wO
for ereetion of the gaol and court ^oose, - - 896
Not less than £160 to be applied annually towards the liquida-
tion of said sum, ------ ib.
Provisions of the law for the preservation of salmon, (with ex-
cept'on as to river Credit,) extended to said district, - 280
Q. S. in, to commence on the Tuesday of the week foUowtag
the several terms of K. B. - - - • 885
£1 A50 granted in 18D0, for improvement of roads and bridges in, 885
£1,900 eranted in 1831, for same purpose, - - - B7<
Clerk of the peace of said district to lay before grand jury of the
sessions an account of money necessary for maintaining insoie'
persons.
584
Grand jury to make presentment of what is reasonable tm sap-
port of insane persons, ----- ^
Such presentment to he made annually, - . - - lb.
The sum presented to be paid by treasurer, - • ib.
Witnesses may be summoned by grand jury, - - 634-8
False swearing deemed perjury, - - • ^ * ^. ^^
llth Geo. IV, c 20, to continue in force two yean fmm mh
March, 1830, and from thence to the end of the next ensosBg
HOPE, PORT
Harbor and wharf compan^Ti incorporated,
(See Port ffopt m ' '"* *
HORNER, THOMAS
Act to secure to him a patent right km a
machine, - - - -
larbor ana Wkatf Comp(M$.)
invented thrashaif
6a
84
HORNED CATTLE.
Not to run at large but under certain regulations, •
Which regulations are to be made in the respective town meet
ings annuallv, .-.-.. I^m
Cattle trespassing to be iffl|Mniod«d nntll the damages dona nd
the pound keeper's fees be paid, . - . - lb.
Whenever horses, cattle, &c. Uken damage feasant, they maybe
impounded, &c., --.--- 108
Pound keeper, within forty-eight hours, to give aotiee of sale,
&c. in three of the most conspicuous places of the township, Ite. ib.
If • istress not redeemed within fifteen days, may be sold, 108-4
If owner shall not appear, or shall dispute amoant of dn«ag«i
, claimed, pound keeper to apply to a magistratt, who is ta
summon three freeholders to assets damages, • - 104
Rams not to run at large between 1st September and SOth De-
cember, ..----- 108
How dealt with, if diffleulty arises as to whom they belong, 108
(See Pound Keeper$!)
HORSES. . , .
Not permitted to run at large, but under such regulations as m^
be made in town meetings annually, ... 54
Horses, ^c. if found trespassins;, may be imuoonded until the
damage done and pound keeper s fees be paid, - - Ib.
Further provision as to impounding and selhng, - • lOS-4
{iu Horned CaUle; Pound iTtqxre.)
HOSPITAL, AT YORK.
£100 granted in aid of the fuids of,
A further sum of £100 granted for same purpose,
HOUSE OF ASSEMBLY.
Appri>priation for payment of contingent expanses ei^ and €km
salaries of the officers of both honsei, ...
Member of, accepting office of register, to vaeate his seat* bat
may be re-elected, .----•
Further a|>propriation for payment of contingent ezpaases of,
lalaries of * "
641
692
&I
8af»i
86
and the salaries of the officers of both houses.
Every member having attended, to receive fruflljln ■Maker a
warrant; and may demand from the justices tpM^^iuBga ftd
day, *^- • 104
Which sum to be levied by assessment within the county or ri-
ding represented, '---••- ib.
Where any member represents part of two or more districts, he
may demand a warrant directed to the Justices of each distiietf
warrant to specify proportion to be naid by eaeh, • 106
Members of, need not serve in the militia exaapt in timaef tetaal
service, --..--- igg
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IXBBS TO TUB UpMR CaHADA StaTXTTM.
PaM9.
Salary of dtrk laerMted, ••--•• IW
Mwraer of pariog elark'a Mkkurj, .... ib.
Mkrin of clerk, cbaplua. and d«M>r keeper, ittereaeed, - 202
The «oafttie« of ^entirortk mmI Umltoa to be lepretented bj one
member for eeeh, ...... 210
Act to proride for inereaae of the repretentetton of the commoat
of thie pfOTiaee, (tMA—embiyi £Uction and Eltctort^) 2S6
Mkh Geo^ III, e 27, eotiUed, ** An aet to increase the iialary of
the ipeaker of thr hou»e of aesembly, aod to remoneraU the
pMeent ipeaker far past wcwit€%^** repealed by 2d Geo. I V, c 27, 286
■0U8E OF CORRECTION.
The eommon gaols of the eeTeTal district* declared to be houses
of eonectioa for oerUin purposes, , . . 161
BT7LU SAMUEL
Act for his relief, ander Sith Geo. Ill, e 9, • - • 287
BtTMBER AND DON BRIDGES-
.let to make good mooies adraneed by Hevtenaat governor for
tue erection of, 6»
JARTrS. 8. P.
iCllS granted to, for former lenrices as dark of the erowa in
chancery, aod £76 per annam appropriated for salary of said
oAeer, - - . - - - - C74
Aet to be in force fonr years from 16th March, 1831, and from
theaee to the end of tne next ensning session, - - ib.
IMPRESSMENT.
Horses, carriages, fte. may be impressed for the public semce.
is ease of ectaal invasion or emergency, - 182, 147
Owners of impressed carriages, &c to receive twelve shillings
and six pence per day for each cart or carriage with two horses
or oxen, and two shillings and six pence per day for driver, 176
INCORPORATED MILITIA.
Aet cmnting to his Majesty a certain sum of money for the uses
oC *«.. W
nrDiAN&
No person to purchase or receive in pledge, «e. any clothes,
Mankets, fire arms, &c. from, .... 28
Not restrained by 2d Geo. IV, o 10, (relative to the preservation
of eahnon,) except as to fishing by torch light near mills, 280
Exempt from operation of 2d Geo. I V, c 17, (relative to preser-
vation of deer,) - - - - - - 284
Penalty for baying salmon from, within the pmhibited periods, 329
No parson to sell or barter mm, &c. within the tract occupied
by the Moravian Indians, ..... 93
Penalty same as if convicted of selling without license, - ib.
Provisjoos of the acts for support of common schools to be ex-
tended to the Indians, 854
A0t to pfoteet the Mieaisea^ tribes, living on the Indian reserve
of the river Credit, in their exclusive rigkt of flshin;; and hunt-
ing therein, - 482
Limits defined within which such exclusive privilege is to be
enjoyed by the Indians, . . . • . 433
INDICTMENT.
PvDceee on, ia proceedings to outlawry, 182-3
INNKEEPERS.
Additional duty of twenty shillings on licenses to.
Words to be placed over do<irs of, -
Poaalty for neclect thereof, .....
To enter into bonds to keep decent houses,
Provision for the assignees of innholders dying or removing,
Method of piooeeding against persons who may have broken the
condition of their recognizances, ....
Raeognisanees to be estreated,
Disability of an offender for three years, ...
Names of Ucenaod persons to be advertised by the secretary of
the province, yearly, .....
Form of warrant to constable to rive notice,
Penalty for selling liquor without license, and how appropriated.
After oth August, 1797, no person to sell less than three gallons at
any one time, without license, ....
Persons licensed may sell liquors by retail, to be consumed out
of the house, by the same quantities as within, without any ad-
ditional license, ......
Penalty for seUing liquor without license, £20; one half to the
informer, - • - - -
Licenses to be hereafter issued, to commence on the 5th January,
annuallv, .......
Afur 1st March, 1824, maristrates in general Q. S. at the meet-
ing next preceding the 5th January in each year, to adjnarn
the eeeskms to that day, or to the Monday after it, if on a Siin-
73
day, for the purpose of granting licenses to innkeepers, 877, 517
Charaator of person applying for license to be inquired into, 224
Justices to rrant certificates; on which, inspectur, on payment
•fdatios,KC. to gmnt license, .... ib.
Provisions of former acts, except as varied by 69th Geo. Ill, c 2,
tobeinfofte, **>.
J«Btteee, wh«|iho|r grant certificates, may apportion the duties
to be paid m^avem licenses accnrdini^ to situation, - ib.
Not more than i;iO, nor less than j^, to be required for a license, 516
Persons may apply at any general Q. S. during the year for a cer- ,
ttteate, • ,224'
Magiatratas to frame roles and regulations for the conduct of ta- .
vem keepers, whieh innkeepers hv their recognisances bound
toahMoL'T; a eo»y of which, for information of travellers, to
be fixed in conspienons place in every house so licensed, th I
PWk.
Clerk of the peace to transmit quarterly to the inapeetor gcae>
ral an ar.count of the duties to oe taken by the iniapectors, for
tavern licenses, under the orders ti sessions, - •_ SSi
. Inspector to account and pay over tu the receiver general aD the
public monies which come into bis hands; subjeet Co
nalties imposed by law f r default.
the pe-
ll.
ac
Person* keeping shop and tavern required to take ovt tw» Ikea*
ses annuaiij, .....
INNS.
Justieea may regulate the number of, in their respoctiv« districts, !
INQUIRY OP DAMAGES.
in K. B. no writ of inquiiy to be Usued to the shariiTy ImI
ges to be asceruined, a« if the parties had ptoadad lo '
^ in district court, - - - - a?
INSANE DESTITUTE PERSONS.
Clerk of the peace to lay before the grand jniy of the eessiooe
in the Home district, an account of oiooey necessary for 8Baia>
taining insane persons, .... - SU
Grand jury to nudce presentment of what is reasooahle fisr the
support of insane persons, • - > - ah
Such presentment to be made annually, . . . j^
8um of money so presented, to be paid by the treaaorer.
Witnesses may be summoned before the grand jury.
ik
m
False swearing »ubjected to penalties of perjury^
Act to continue in lorce two years, and from thenee to the eui
of the next ensuing session,' . - - - » &.
INSOLVENT DEBTORS.
Prisoners in execution for debt not worth £5, duJI reeciTv fire
shillings weekly, so long as detained in prison, - - fli
Plaintiffs may tender interrogatories to insolvent debtota cIssbk
iog weekly allowance, touching their iosolveney, - M
Answers may be sworn before commissioners in &. B., > ^
Debtor to receive no benefit from any order for weekly allow mme
until he answers said interrogatories, . - > 2>.
8d clause 2d Geo IV, c 8, repealed, - - * 4«
In default of payment of weekly allowance on third Moadny af-
ter serviee of role for allowance of the same, coort in term
time, or judge in vacation, may order prisoner to be d ischaned, ik
Debtors having benefit of the limits, not entitled to tli« wwJy
allowance. -.-.-- -SU
Bail for the limits may surrender their principal, - « ik.
{See Gaol LimiU.)
INSPECTOR GENERAL.
To receive regular accounts from district inspectors, • 19^
Certified lists of all licenses to be transmitted to ^^ tj the
clerkA of the peace for the several districts, • - 191^
To receive accounts of the amount of duties fixed fay ecdera o£
the sessions, to be paid for tavern licenses, - - »
His salary fixed at £S6li sterling per annum, after let Janttur,
1820, -^ 2M
INSPECTORS OF DISTRICTS.
To be appointed by th^ governor in each district, to pcrfinim tha
duties heretofore required from the secretary c^ the province, IflS
• Mode of obtaining licenses from, - - - - ih.
To ancertain if persons are selling liauors, &C. or usii^ stills
without license, or larger stills tlun taoae licensed, and to pro-
ceed against offenders, ---••%.
May retain ten per cent, on all monies paid to, under dSd Gee.
Ill, c 9, besides the fees enumerated, ... IQS-S
Form of oath to be taken by, - - . ^ MB
To give security, --...- ft.
Continuance of 43d Geo. Ill, c 9, - - - 108, 125
Madeperpetualby 4SihGeo. III,c8, • - - 140
Fees to lieutenant govemnr's secretary for each comBustiotf
granted under 48d Geo. Ill, c9, . > .^ • 108
The executor, &c. of person who had taken out a Ifcense. orpor-
chaser from such executor, to work a still, giving notice snthm
twenty da3-s after the death, and making requisitioo fiv license
to inspectors, - - - ... HO
Also to produce receipts for the purchase money, - -^ 111
When any person sees cause to remove ortraasfer a stiD, it is not
necessary it should be again licensed, but notice mast be given
of such removal, &c., ..... ib.
After notice and receipt produced, &c. inspector to isdone li>
cense, --..... jb.
Form of indorsement, ..... ib.
Inspector at all times in the day time, (when stlO not charged,
or after six hours' notice,) may enter still house, S:c., . ib.
Penalty for refusing to admit inspector, £36, . - ik
Party convicted may appeal to Q. S., ... ib.
To issue licenses to' keen billiard tables, . . . ]Q
Fees therefor, - * - - . - - ii.
nies lie'may have received, . '• *'- . ISI
And to pay over such monies within two mimths thereafter, ib.
Erervsuch inspector to transmit a true account, to be verified en
oatli, quarterly, of all monies he may receive, . > ih.
And in one month subsequent thereto, to pay the same to the re-
ceiver reneral, -.--.- ib.
To furnish on the first day of each general Q. 8. to the dark of
the peace, a list of all ficenses issued, . . . ih.
Every inspector who shall not nmke said ratvme, and pay aaid
monies, to forfeit iSlOO; one moiety of which to go to petaoo
suing for the same, tha other to be paid to reeelver geneiai, &•
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Iubsx 1^ TXfe Uppsb Canada Statctcs.
To itni« licesMt to ponoM telliaK winct,. Ao. by wholeirio, W
hic9QBt to iftoe iionmllT •n 6th Jcouary, at rate of £S, - ib.
Feo for istoinf^, two •KilliogB and six pence, > - ib.
To aeeoaat to iasoector ^^neml for all monies receired ander
56tli Geo. Ill, c I, withm one month after 6th Janaary, annu-
ally, and to pay said moaies within two months thereafter to
the reeeirer ^neral, - .... ,'5,
To retain five per cent, of monies so collected, - • 216
To issne licenses to persons holding certificate of chainnan of the
Q. S^ on payment of the dnties imposed by law, - 221
To account, and pay over such duties to the rccciTer general, ib.
Mode of ascertaining capacity of wooden stills, - - 244,823
Inspectors not to charge any addiUonal fee for issuing any license
wadtr 69th G«a III, c G, nor %o hare more than five per cent.
for collection, ...... 246
No inspector to be entitled to receive in any one year more than
iSlUO as per ceotage, 823
4Ch Geo. IV, c 18, continved for four years from 26th March, 1828,
and from thence to the end of the next ensuing session, - 469
nrSPECTORS op flour, pot and PEARL ASHES.
Appointment of, in every district, ....
Oath to be taken by,
Method of examinmg flour, pot and pearl ashes, and markine the
caaks, • . - - , ,*
Fees allowed to, . - ^ ^ . ]
Further regulations as to the inspection of flour, (s«« Flour,)
DIBFBCTORS OF MILITIA PENSIONERS.
To bo aippoiMwl by the goremor, Ac. (see Pawiont,) - 278
UIBPECTORS 07 PORK AND BEEF.
Appointment of, 119
i^Jhi^midFoHt.)
HiTERBST,
On protested bills, notes, &o., six per cent. - 168
For the loan of any monies, Ac. shall not be taken abore the rate
of sijc per cent, per annum, .... £5.
AH bonas, eontmcu, Ac, whoMupon a greater interest shall be
reeerred, shall be void, - - • . ib.
Bannkias fm receiving a higher rmto of interest, and how reco-
Tcred, - -.--.. ii^.
ISSUES.
When and how tried in the Home district.
29(^-1
92
ib.
ib.
Vo.
260
After 1st July, 18SB, no interest to be demandable on any bond,
■oto, Ac, m which the penalty or sum payable shall be exprees-
od in New York currency,
BCay be levied under executions, from date of jodgmeot,
nrrBRNAL navigation.
Act to make provision for the improTement of,
{Su Mumgaium,)
DIVENTIONS, USEFUL
Act to encouruge, .....
iSeeArtM, Ua^.)
JOHNSTOWN DISTRICT.
Formed of the counties of Grenvilla and Leeds,
AUowanee to the sheriff of,
Q. S. to fix the place where the gaol and court house for the said
district shall be erected within the township of Elisabeth,
281-2
291
406
82,850
122
146
Said court house and caol to be erected according to the rules,
Ac. enacted by 92d Geo. Ill, c 8, except so far as varied bv
4Sth Geo. Ill, i 16, - - - , "^ ib.
When said gaol and court house declared by Q. S. to be fiuiihed,
eame to be gaol and court house for district of Johnstown, ib.
A cood title to the land to be first obtained, before gaol and court
house built thereon, ..... j|).
Said court house and gaol to be finished within three years, ib.
No part of the district assensinent* to be applied for said purpose, ib.
X760 granted for opening and amending roads in certain new set-
tlements in the districts of Johnstown and Newcastle, - 226
District school to be opened and kept in the village of Urockville, 248
Magistrates to procure plans of gaol and court house to be erect-
ed in said district, or the repair of the old one, Ac, • 889
They may contract for the building or reparation of the same, * ib.
Public notice being first given in some newspaper of the district, ib.
Persons makia|[[ proposals to give security, - . ib..
Justices in session may levy an assessment for said purpose, not
to exceed five years, and not more than one peony in tne pound, ib.
May also raise by loan, m«t exceeding jC2,600, . . ib.
Not more than eixper cent, interest to be paid for said loan, ib.
Not lesf than £600 annually to be applied towards liquidation of
aaid loan and interest, ..... 890
£1,100 granted in 1890, for the improvement of roads and bridges
in said district, ...... ^26
£ip^OO granted in 1S31, for same purpose, ... 676
JOINT TENANTS.
GnoU of land to two or more persons and their heirs, to be con-
atrued to operate as giving esUtes in common, unless express-
ed in such grant to 1^ to the use of such grantees, as joint
tenants; ----... 100
The rights of purchasers, mortgagees, Ac. not to be impeached
in consequence of such error, - . . . j5,
JOURNALS OF THE PROVINCIAL PARLIAMENT.* '
i;S64 lis. sterling, appropriated for obuioing copies «f the jouT'
nals of parliament, destroyed by the enemy, 256
IRISH CREEK.
A bridge to be erected over, g89 [
ISTHMUS.
Between Presque isle and the bay of Quinty to be e»amtned un-
der the authority of the commtssioners ofinternal navigation, *M8
JUDGE ADVOCATE OF MILITIA.
In all trials by general courts martial oodor 48th Geo. HI, cl, to
be appointed Dv the governor, Ac. ... 184
Form of oath to Se taken by, . . . . |h.
Authorized to administer oath to members ot the eoorC, and to
the witnesses, ...... jfe.
{See MUitia.)
JUDGMENT.
In action on, plaintiff not entitled to costs, unless by rule oTeomL 149
Poundajte fees, expenses of execution, and interesl, to be leriea
under executions, from time of entering, - - - 291
All proceedings in causes to be transmitted by deputy eUrici «f
the crown to the principal office, before final judgment, • 299
Judicment as in case of non*suit may be given in iJ. C - 297
Judgment on verdict in D. C. noay be entered on third day oC
term next after trial, - • • - - ib.
Either plaintiff' or defendant in said court, may move in arrest of
judgment, ....... ||^
iSeeKtng*» Bench; DUtrict Court; Courti o/RtqwaU.)
JUDGES OF KING*S BENCH.
One of the judges of the supreme courts may approre and slgB
rules. Ac, made in Q S., to be observed in gaols, - 84
May take acknowledgment of bar of dower, • - 71
To act as visitors of tiie law society; the rules of which to be
subject to their inspection and approval, - - 74
Need not serve in the militia, except in time of actual serrico, 196
May order arrest in certain cases, .... 299
May appoint commissioners for talcing affidavits, " • 29^
May appoint commissioners for taking bail, • - 9M
To establish fees to be taken by ali officers of the court, - ib .
Judge of assise, in his circuit, may take bail, - - ^ ib.
Reports of cases determined in K. JB. to be examined «&d signed
by the judges, ...... 816
Judlicial notice to be taken of private acts, without being pleaded,
by all courts, judges, &c. ..... 8|8
Married women may alien their real estate before any one of the
judges of K. B.; such judge to examine such married woman,
touching her consent, Ac .... 241(649
JUDGE OF THE SURROGATE COURT.
In what cases he may appoint guardians, (see Gvar^iian^,)
Married women may alien their real estate before.
JUDGE OF PROBATE.
In what cases he may appoint guardians,
JUDGE OF THE DISTRICT COURT.
May uke aeknawledgment of bar of dowor,
Married women may alien their real estate boforo^
JURY AND JURORS.
Trial by jury to be established eonformnbly to the laws of Bug*
land, ,----..
Jury not restrained from bringing in special verdiet.
Clerks of the peace to deliver yeariy to the aherilb a list of ji^
442
619
4a
109
99
lb.
rors, duly classed, -..--. 48
Persons included in such lists auaiified alone to servu en juriee, lb.
Penalty for neglect in clerks of the peace, - • lb.
No sheriff or other officer to return, as a iurar on trials, any pai^
son who has already served as sueh within one year, • lb.
Penalty for offending m this respect, (not exceeding £10^) to bo
imposed by any judge of assise, - - - . fb.
Sheriffs or other odicers to keep registers of the jurors on all trt-
als, and to grant certificates of service, if required, • lb.
No reward to be taken for excusing any person from serving on
juries, and no juror to be summoned whose name is not epoeifl*
ed in the sherifTs mandate, .... |^,
Penalty for offending in this respect, (not ezoeodiag £8,) to bo
imposed by any judge of assize, .... 49,60
Method of making the returns of writs of venire lacias jumtoree, lb.
Number of jurors to he returned, .... jb.
Manner of impannellin|^ the jury for the trial of every cause, ib.
Penalty for not appearing when duly eummoned as a juror, and
drawn to serve on trial, (not more than iSS nor loss than 20ta.,) ib.
Persons aj^ed sixty years exempted Irom serring as jurors, Ib.
Provision in cases where a view shall be alloweo, - - lb.
Method of appointin^i^ viewers, .... |||.
Allowance to each viewer, ten shillings per day, • • 61
Want of view or informality attending same, not to stayproeood*
ings in trying the issue, ..... ib.
A pannel of'^jurors for the trial of issues attheassisee to betraut-
mitted at stated periods into the court of K. B. by theshoriA
of the Eastern, Midland, and Wefttem districts, respeetirely,
without any venire facias for that purpose, - • 69
Sheriff of Home district to return in like manner^ oa the 9nt
day of every term, --..•- ijj.
Any justice of peace may summon three freeholdert to aaaoit da-
mages done by cattle taken damage feasant, • • 104
Special jury may be obuined without motion in eooit, « 148
Clerk of the peace to deliver to sheriff a list of pertona aaoMMd
for £200 and upwards, ..... j^.
Notice for appearance of tho parties at tht oilce of Ao iherilt
for the purpose of striking out special jury, • * • ib.
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» ' Page.
Maaoer Iq which Ibity otaaea n( the pcraoat assessed shall be
i drawD, - r' • • • • 113
Each^ l^rty nay strike oat twelve out nf the forty names | re*
maininK sixteen persons to be summoned by the sheriff to ap'
pearat Heite assise*, ..... ib.
If either of the parties do nm appear tf» strike out the twelre
names, sheriff or his deputy to do-so inr such party, * 144
Fiv«k sbiUiags to be paid to each special juror, - * ib.
. 9nfiber in which fees for striking!; special jury to be paid, ib.
* . Persons liable to serve as special jurors may Le summoned to as-
. s^ss the damages on the Rideau canal; how struck; their du-
fie ft and rerouneratinn, ..... 4S3-4
Similar proceedinj^s to be had in assessing dunages by Tay Navi-
gation Company, ...... 561
Power and duties of juries in actions of ejectment, brought in
ftoasequence of erroneous sur\'«rs, • 237
^nakcrs, Manonists, Tunkers, or Moravians, cannot be jurors in
criminal lascs, -..--. 150,481
Faea to jurors in K« B., one shilling and three pence each, 292
Bo. do. in D. C six pence each, - - 296
JXJSTICE.
Act CO prevent the failure of, by reason of immaterial vartaoeM
in certain law proceedings, - . - . 648
Courts required to take judicial notice of private acts of provin-
cial parliament, without being specially pleaded, - ih.
JUSTICES.
Two or more may hold a court of requests on the first and third
Saturday of every month, - ... - 31
May administer an oath to eitherparty, ... ib.
Shall be sworn themselves, (see Courts of Aeguesfs,) • ib.
Rides made by justices in Q. S., when binding on gaolers* &4
Any two may fill up vacancies in nomination of parish and town
oAcers. when parties refhse to serve, ... 35-7
One justice roav exact fine on such as refuse or neglect to be
sworn as such parish or toivn officer*, ... ib.
Form of justice's warrant to assemble inhabitants for town meet-
ing, ..-.---- ib.
Gircaipstancef nnder which it may be lawful for a justice to solem-
' nise marriage; form of church of England to be followed, 89
When five ministers of church of England settled in any district,
authority of justices to solemnize marriages, to cease, - 89-40
PeaaJiy for solemnizing marriage aAer such event, - 40
Such marriages to be void, - - - . . ib.
Pntles of, in respect of slaves, held after the |)eriod fixed by law, 42
To grant search warrant, on affidavit, that stills used by persons
lieenaed, contains greater quantity than specified in license, 56
May decide whether any piece of cut, broken, or defaced money
b« eonnterfeit, ...... 67
If sadi money be found bad, to destroy the same, - - ib
Warrants issuing in other North American poasesaions of hia
Majesty, against felons, may be endorsed by, - 76
May summon three freeholders to assess damages done by cattle
taken damage feasant, ..... 104
May isflue warrants to Impfeta carriages and Loraes for his Ma-
jesty's servica, in certain caaet of emefgency, 132, 147, 175
Their duties in billetmg the militia, impressing carriages, &c. 147
To aacertain the divisions which they shall allnt to overseers of
hl^Wttya, in pariahea, townships, &c. and to give them orders, 155
Any two justices may bold special sessions under 50th Geo. IIJ,
e 1, giving fix days' notice thereof, ... 158
Jaatieea gmnting wananta under 50Ui Geo. Ill, e 82, to direct
them to the sheriff, ----- 204
An ailatia finw collected by, to be transmitted to receiver general, ib.
Penalty for not transmitting such fines, JCIOO, . • ib.
Tbair duties in fining hawkers and pedlars trading without U-
eeoae, - - - - - - -218
"Mtif regalttle the nwaaber of inns in their respective districts, 223
To issue distress warrants for the collection of the rates, on ap-
pUoaftioa of the ec^lectnr, 217
Buy exempt pcnona in oartainoaaes from performance of statute
labor, •..-... 252
la poUoe towna may make regulations as to swine running at
large, - - - . - - - 306
Threader aa account anmudlyof police tax levied within re-
•pective districts, ...... 307
In Q. 8. may order remuneration to surveyors of streets, 856
May issue warrants of distress i^inst persons refusing to pay
compositioQ money in towns, .... ib.
May apply a pan of the statute Ubor to the highways in adjoin-
ing townships ia certain casM, .... 857
May consent to the expenditure of the rate for which any indi-
vidual is liable, to be laid out on any highway within the towa-
ahtp in whieh such person resides; and to direct treasurer to
credit said person's land therewith, ... ib.
Ia eartatn eases may order compensation to be paid out of dis-
trict funds, when awarded by jury to persons through whose
Mad new mad is opened, ..... ib.
May aasise and fix the price of bread in police towns, - 395-6
To cause the district accnuntu to hn published annually, - 439
Their duties under 1th Geo. 1 V, c 8, (see Ceneu*,) - 852-3
To taaae detaining warrants ia certain cases, {eee Detaining War-
ronto,) - • - . . . . . 482
Ooarts and justices to take judicial notice of private acts of par-
liament, - - ... . - . 548
. Married! woaan may alien their real estate before any two justi-
'oaaW the district inwhich they reside, . • . 549
JUSTIFlGiTION OF BAIL.
. Rales for the allowance of, to be made by judges of K. B., 294
KSKT, COlTifTf OF
Formed, - - - - - SB
Certain new townships added thereto, ... tlO
(Ase #>^ioc/a«alson, p. 26.)
KENYON, TOWNSHIP OF
A certain tract of land adjoining it, lately owned hy the 8(. Sl|;b
Indians, to be added tliereto, .... 269
KETTLE CREEK HARBOR.
i^,000 to be raised by debenture, to be ap]Tlfed fo eoattractiag a
harbor at the mouth of Kettle creek, in the London diatrfet, 486
Debenturtrs how to be prepared ool issued, • • ib.
To be redeemable within twenty ^-ears, - • - ib.
Accounts to be rendered by recerver general, ibr (he tnCuaiitlim
of the It pslature, of debentures issued, pajrocnt of interest,&c., ib.
Payment of Interest to be in half yearly penoda, - - jb.
Wmrants to issue, ...... ft.
Payment and cancelling of debentures, - - - lb.
Punishment ior forging said debentures to be the same as pnirliM
for forging debenturea wtAw 7th Geo. I V» c 20, s 7, • ib^
Debentures and interest charged apoa the provincial revcaa«» 9f
No deduction to be made for poundage to receiver geaecal, ib.
Governor may call in tlMf dabeatarea, . ' * ~ >h.
Crruitnisflione'rs k« he appointed for niakiog contracts aad siqier-
intcnjing the worl^ ..... ib.
Contractors to give servity, - - - - ih.
Report to be made once lu three months of the progrcas of the
work, -----.- Hi.
Toll keeper to be appointed, who shall account to iMpectar fna-
ral on oath, ....... ^
Remuneration to, ...... ft.
Tolls to be paid into the hands of receiver geneial, - ft.
Warrants to be issued in favor of the coiaiiaaiOD<fa for tbe m»>
nies so granted, ---..- ft.
Monies how paid and accounted for, ... ng.
Limits of the harb'rr, ..... ft.
Remedrto eaA>reepayncatof tolls, « - • ft.
Rates of toll, ib.
Survey and estimate to be naada befoia comauaaioatoa appoitaJ, ib.
No return tolls to be charged, - - - - ft.
£8.600 Airther to be raised bydabaatara Cor tba ifiua^lHiMi cf
Kettle creek harbor, ..... g^
Receiver general to iasae debentarcs feraaid ana, - ib.
Provisions of 8th Gao. IV, e 18^ to ba applicable to aaitf liibaa
tores, - ft.
KING'S BENCH.
Court of, established, ..... g|
Jurisdiction and powers thereof, .... ft
Chief justice and two puisne justices to pvealde thareia, < ft.
Jurisdiction granted to, in actions for goods seized as coatcab«Bd« 69
May adioum from one return day to another, - . 9B
Original process to be a ea. ad. res., tested ia the aaiat of tka
chief justice or senior puisne JDd?e, - - - ft.
Copy of process to be served on defendant ia actiona act ^■^ilf'^'t
by a literate person, ..... g^*
English notice on said j»rocess, - - - • ft
Manner of proceeding m process not bailable, • . ft*
Privileged persons may proceed by bill, unlesa aheiadby rala rf
^cf>urt, ft.
Defendants may plead several matters without leave of the coart, tb.
No person to be arrested for a sum under £5, • - ib.
Affidavit to be made by plaintiff, 5cc., previous to arrest, - ft
Affidavit to be sworn before any judge, commissioner, ftc ib.
Sum sworn to, shall be endorsee! on bailable process, > ib.
Commissioners for taking affidavits and deputv clcika of Ika
crown to be furnished with and to issue bailidHc process, 296
Judges may order arrests in certain cases, - - - ft.
Condition of recognizances of bail, - . . . ib.
Bail may surrender their principal to sheriff, who shall gire cer-
tificate of surrender; and judge to order exoneretaroa prodae-
tion thereof, -...-. ft.
Defendants may put in special bail in vacation, • - ib.
Ryle for allowance thereof mav be issued by a judge, - ib.
Defendants may be held to bait in actions previously peadiag» ib.
No further affid.^ivit required in bailable actions prrvions to aaiag
out ca. sa.; otherwise in actions not bailable, - - A.
IsMucs joined in Home diitrict may be tried before any judge, ft.
Chief justice or other judge to issue his precept to sheriff, to sum-
mon jurors to try such issues, not less than thirty days after
Hilary and Trinity terms, ----- J91
Commissions may be issued for the examination of witnesses, ib.
And said commissions when executed in a foreign country, toba
returned under the hands and seals of the commissioners, ib.
Examination not to be be made if defendant is living withiatiia
jurisdiction of the court, at the time of trial, and of sound roiad, A.
Poundage fees, expenses of execution, and interest, to be Icviad, ih
Sales of lands to be advertised in the U. C. Gaxette, and in aay
newspaper where the lands lie, - - - > ib.
Sheriffs not to trade as mercluints or shopkeepers, - ib.
First and last days of all periods limited by 2d Geo. IV, c I, and
all rules of court, indnsive^ - - - - Ibi
Form of declaration, -.--.- 31-2
Statutes of jeof^ls, limitsdoa and amendments, deelaicd to be in
force, ....... 992
Defendant ma^^ pay nx^ney into court, - - • ib.
Officer to receive f>ne I'.er cent, on all monies paid Into coart, ib.
Commissinos of assize and nisi prins to be issued yaariy, and
when corcumstances require it, twice a year, > .. ik
Special cMumissions may also be issaed to try o0aadora, - ib.
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IlTDXX TO TRB UpPSR CaNADA StATUTSS,
Ko writ or inqoirj to itiu£, but damaf es to be Aioert«lii«d m if
pavtiet htd uleaded to iBttit, .... 29S
Jnron allowea one shillinr and three pence eftch, - - ib.
SheriA to retarn writs of nisi prius, and attend the jndges on their
cireoits, -.----. ib.
Cleik of the crown to hare aa olllce in each district, 298
Fnecipe and affidavit filed in district offices, on suing out ea. sa.,
to be transfbitted to the principal office, ... ib.
Deputy deiks of the crown to certify proceedin|cs if required.
All proceedings to be transmitted to the principal office oefore fi-
nal judgmenti ......
Eijiht days* notice of trial to be giren in all cases, ud four days'
ib
notice 'of countermand, - " - - - - ' Ib.
Dilatory pleas may be argued before a judge in Tacation, - ib.
Costs in civil suits to be regulated by the laws of England, ib.
'Commissioners to be appointed for taking affidavits, ib.
Tenalties of perjury for raise swearing, ... 294
* One shilling to be allowed for taking every affidavit, ib.
Commissioners may be appointed (or taking bail, - - ib.
Justices to make orders regulating the justifying of bail before
eommissioners, ...... |b.
Judges of assise may take bail, .... ib.
'Ordinances of Quebec, whereby courts of common pleas were
constituted, repealed, ..... ib.
No attorney to trade as a shopkeeper, &c. > - ib.
■ Judges to establish fees to be tsken by all officers of the court, ib.
No commissions or proceedings to be avoided by 2d Geo. lY, c 1, 296
Actions brought in K. B. which D. C. competent to try, none but
D. C. costs shall be taxed against defendant, unless the judge
Mrtttes, &o. ... - 217
And so ranch of defendant's eoets, taxed against him by his attor-
ney, as exceeds the costs In D. C, shaU be set off against the
plaintiff's costs taxed, ..... ib.
^Trovisions for the publication of the decisions of the court of K.
B. (SSfciteporfar,) 814
HiluT, to commence first Monday after 2Blh December, and
end on Saturday of the ensuine week:
Easter, to commence on the A^nday next after 18th April,
and end on Saturday of the ensuing week :
'Mnity, to commence on the third Monday in June, and
end on Saturday of the ensuing week:
Bfkhaelmas, to commence on first Monday of November, and
end on Saturday bf the ensuing week, 892
First and hst days of ev(
the first, <not including
term, and every alternate day from
* y, to be return days.
of Hilarr term for the year 1826^ -
tnat '
Former proceedings rendered valid, ... ,„.
Sitting ofMichaelmas term, 1824, declared legal, - - ib.
In actions in K. B. or D. C. where set-off pleaded, or notice
thereof given, defendants may recover Judgment for amount
proved heyond plaintiiTs demand, and have execution therefor, 614
"KINGWTOV BANK. THE PRETENDED
Act vesting in the hands of certain commissioners all the
stock, debts, &c. of the pretended bank of Upper Ca*
nada, at Kingston, for the benefit of the creditors, - 829
Act repealing part of and amendiu the former, 878
Act repealbg the former acts anamakiog further provision
I for settlin^he affairs of the said institution, 470
Act repealing allfonner acts relating to said institution, and ma-
k:lng more effectual j)rovision for settling the affairs thereof, 486
Certain persons appointed commissioners for fettling alEuis of
said pretended bank, ...
How vacancies shall be supplied, ....
Books and other documents to be delivered over to the commis-
eioners, ..--.--
How commissioners may sue for debts, and in what form of ac-
Debtort may insist upon having the claims against them referred
to arbitration, - ' .
How arbitrators shall be appointed,
Umpire how appointed, . ^ . . .
Award to be final, ......
Statute of limitations not to apply in case action brought within a
year from 20th March, 1829, ....
Mode of proceeding against debtors absent from the province.
Confirmation of mortgages, bonds, &c., given to or for the use of
the late bank,
Notice of their sittings to be published by commissioners.
Claims against the instituiion to be preferred within six months.
All claims barred unless presented before 1st November, 1829^
Commissioners may rive longer credit to debtors.
They may accept reiJ or personal property, or bills, &c. of the
late bank; or make other compromise, ...
No interest to be charged to debtors in certain cases,
]tei>ort of proceedings of commissioners to be laid before the le-
xislature annually, ......
Dividends to be made, .....
Disbursements to be deducted, ....
Commissioners empowered to release mortgages, discharge
bonds, &c., ......
Satis&ction to be made to the agent appointed by the late direc-
tors of the pretended bank, ....
Acts of any two of the commissioners to be valid.
Act declared a public act, .....
KINGSTON FEMALE BENEVOLENT SOCIETY.
£100 granted in aid of its funds, ...
KINGSTON, TOWN OF
MegtaHates in il- P. to establish plart* :n, as a market,
486
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
Ib.
ib.
487
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
649
80
87
To make rules and regnktions relative to said maikot, lib
May impose fine, not exceeding twenty shlUlngi, for any oflbaca
committed against such regulations, - - • Ih.
Such regulations to be published, by affixing eopy thereof In tho
most public place in every township of Midland district, and
at the doors of the church and court house in said town, ib.
Mode of lerying and application of fines, ... 90,418
Magistrates of, may make rales. See. respectiag swine nuuhig at
]£rgtf .------ 808
Minister and church wardens of St. George's church in, autho-
rized to surrender certain land therein to his Mi^ty, - 816
Police established in, ..... ^ 886
Magistrates in Q. 8. may make certain rules, kc. relative toaald
town, ....... lb.
Not to extend to regulating the price of any thing but bread, Ib.
Such rules not to be contrary to law, • - - ib.
Justices in Q. S. may receive a sum of money for certain purpo-
ses, by assessment, ..... ib.
DutT of the clerk of the peace with respect to said aasessaaat, ib.
Sucn assessment how estimated and applied, - • ib.
Power of the justices in sessions for punishing offenders, lb.
Manner of proceeding in case of any person refusing to pailbim
any work, he. required by such rales, ... lb.
Manner of publishing such rales, .... ib.
Justices to define the limits and designate the streets of Kingaton, 411
To take necessary measures for layinjr out new streets, • lb.
Buildings not to be removed without the owner's eoasent, Ib.
Proviso as to assessment of town lots to bo formed, ib.
Justices may raise annually not exceeding jSSOO, - - 418
Reguktions may be made ipunishiag oertau odbaecs by fine* ib.
LANARK, COUNTY OF
Formed, ....... 8B0
LANCASTER, TOWNSHIP OF
Divided: the front nine concessions to form hereafter the town-
ship of Lancaster, and the nine concessions in rear, to form the
township of Lochiel, ..... fg^
Westere side line of the township to be taken as the govaniag
boundary, .--..-. 808
LANDS AND TENEMENTS.
Writ against, not to include goods and chattels, nor to itsno until
retura of writ against goods, &c., ... g^
Twelve months to intervene between teste and retura of wilt, ib.
Sheriff not to sell lands sooner than twelve months after delivery
to him of writ, -.---. |b.
Midland district school society capable of holding, selling, lea-
sing, 9tt. lands, &c., • . - . 188
Act to afford relief to persons in the district of Niagara, who
have lost their deeds for lands, (see Niagara,) • • 198
Lands liable to be assessed, and sold for the aireart of taxea, 888
i8t€ AM9f$9matU; Sheriff.)
LAW.
In all matters of controversy relative to propeity aa^eivl] rights,
resort to be had to the laws of England as the rule of docSioB, 80
Poor and b^nkrapt laws not introduced, - - - lb.
Goveraor, &c. authorized to license practitionem ia the law, 88, 88
, (Are jflioniiet; CrinitiM/ Z.aio; Lam Sodttg.)
LA WE, ELIZABETH
Act granting her a pension of £26 per annum, daring life, 884
LAW REPORTS.
Decisions of the court of K. B. to be Mportad, > 814-18
(Sre Rtporter.)
LAW SOCIETY.
Present j>ractltioners, (8d July, 1797,) femed into a law aoeloly. 74
The society to form rales, subject to inspection of the jodgas of
K. B. * * " afc. ' " * ^
Place and time for the first meeting I8r adopting ralee, - ib.
None but members of the iiociet^ to practise, • - lb.
PrcTisinn in favor of clerks articled before passing of 87th Goo.
11I.C18. . . . . ."^ •. - 7S
No person under twenty-one years of age admitted to praetlaoi lb.
Ordinance of Quebec, 22fith Geo. Ill, repealed, • - lb.
Goveraor, &c. may license an additional number, not oxeaed*
ing six persons, to practise the profession of the law, • 100
Before any person apply ti> the governor for such license, aMift
person to procure a certificate from the court of K. B. • ib.
After enrollment of such persons, they are to cubscribe ralae, Ike.
of law society; on which, the society to admit them as mem-
bers, ..-.-.- lb.
Fee to the gnveraor's secretary and clerk of the erowa, • Ib.
Persons anthorized to practise may have four clevfca at oae
time, 188-7
Persons whose names were not regularly entered on the books of
the society as studeata, during tte war, deemed to be regnkrty
entered. - . • - - 188
The benchers, on due proof of service, may make a fnithar eatf^
of names of other stttdeats or barristers, • - - ft.
All persons now (14th Maroh, 1815) enterad upon the rolle of die
court of K. B. as attoraies, &c., declared to be ngularij ca»
tered, .-..--- ib.
StudenU articled before tho passing of iSfith Geo. Ill, e 3, who,
daring their cleikahips, have been withdrawn for any portlo»
of time from the service of their masters, by any mlbtarf or
civil duty, &e., to be vdiUttad without the usual oath of aar-
vica, - -. «. . . . . ib.
Treasurer and benchars af (ha law society inooeporatcd, • 808
j^ Digitized by V:jOOQIC
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UlDMX TO THS UpPSB CaITA^A. StATUTM,
TfthAToa
JjfagrbAUkmattAtbenMoftiiAcoeiet/, ... ib.
Certain persona cominf^ from Greet BritaiB, Jreleiid» or Britith
Morincee in Anerice. in which timiler priTilegM would be ex*
leaded to berritten of thia provinee, may be called to the bar, ib.
No periOQ to be admitted to pimctlae a« an attorney under Ave
yeart* actual tervice, .... - ib.
gootaily may» at its diseiation, call John Boewell to the bar, 886
htVDS, COUNTY OP
Formed, .-----• 81
{Si« ProddmaHon, p. 26.)
XJSnreLATlVE COUNCfL.
Oficert and eontiogent expentei of, how paid, . 47, 94
Members and offieers of, need not serre in the militia, ezeept In
time of actual service, ..... ]85
Sdarr of the clerk of, increased, .... 189
Salaiies of the offieers of, increased, ... 202
(Ae Imperiai AeU, 81st Geo. Ill, e 81, p. 18, and 7th Geo.
IV,cfe,p.640.)
LBOI0LATURE.
How commencement of nets of, fixed and aseertaiaed, 68-4
Disposition of those printed, > - - - 110
Gfnnts to proenre the statutes of Great Britain and other hooks
for the use of, 112,170
jei,600appUad towards ereetiagbnildiajKs for, 266
X612 Is. sterHay to be paid to the provmcial agent to defray the
expense of preeuring plans of pnolic buildings, and et "
the jonmalt of parliament deatroyed by the enemy,
AppnoFUiATioirs ron tbb coirTiifOBirr kxperses or
Per 1801, . £ 884 0 8
1808, ... 808 11
1804, and purchase of hemp, • 274
151
(supposed,)
1810,
1811,
818, (lit session,)
818» (2d seaeiott,)
11 10| .
18 8] .
8 6] .
2 6{ .
0 81 .
amount not stated,
£ 606 16 9| -
amount not stated,
do. do.
do. do.
do. do.
do. do.
£ 694 12 11 .
696 7 7 -
676 2 10 .
862 18 10
786 16 %\
1,060 17
1,747 12
2,840 4
2,016 9
2,989 19
ib.
68
112
121
126
128
188
160
162
166
172
176
196
218
227
2S6
812
828
884
894
474
610
ib.
689
ib.
270
It;
?:
4 -
Iffi^JtsvreyfagStLmrrtnee. 8,178 6 11 .
- - . 2^897 18 04 •
8,878 18 9{ -
(in part,) 800 0 0 •
ia89; - . . 8,088 5 81 -
1880, (in part,) 1,000 0 0-
1880, - - 8,212 12 8 -
LENOX AND ADDINGTON, COtTNTT OF
Formed, .----.,
Township of Kaledar added thereto,
(S«c Prodomaivfm^ p. 28.)
LETTERS PATENT.
> The word ** elergr," shall be meant by that of ^ elergymnn," in
certain deeds or grant, ..... 75
Which deeds shall be TaU^n securing the rights of the erown,
the clergy, and the subjiH, respectiTely, ib.
May issue to claimants under heir and derisee acts, 116
(4te Gnmit 9f Lntd; Hrin and Devi$e*$,)
LICENSES.
A duty of twenty shitUop in addition to the steriing duty of £1
16s. imposed on all licenses to retail liquors, • > 47
Parsons licensed to enter into bOods to keep a decent and orderly
house, ---.-.. 48
Parsons nsine stills to take out a license annnally, paying a dutr
of one shilling and three pence for erery gallon which the still
is capable of containing, ..... ($6
Farm of requisition for a license, .... 66
Keepers of innt, &c. to be licensed, . - - 68
Certificates of character to be obtained by persons prerious to
their being licensed, ... - - 67
Bestrictions in granting licenses to persons not licensed of the
preceding year, ...... ib.
Naoies of licensed persons to be adTortised, 66
Penalty for selling without license, i:20, - - - G6
Application thereof, ...... ib.
^er 6th August, 1797, no person to sell less than three gallons
without license, ...... 79
Goremor to grant lieenae^ • . • ... . ib.
Penalty for selling without such license, ... ib.
Penalty how to be applied, ..... ib.
Aat for the summary eonriction of persons aelling ipiritoons li-
quor by retail without license, .... 88
Marnier of eonvietion when oifender xuaidea in the district, 89
Manner of eooTiction when offender 6liu not reside within the
district, lb.
No shop keeper (licensed to sell by retait) to settjeaa tlwi mm
quart of wine, brandy, he. under a penalty of XM^ - 9
Any information or complaint to be broudit within six naoot^. ih.
No person to sell or barter rum, tc. within the tract oecvpiad fey
the Moravian Indians, . • «r - - M
Penalty same as for selling without licedic« « ' ih.
Mode of obtaining licenses, - - - , / • M8
Inspectors to ascertain persons selling wine or wfinu without li-
cense, or using laiger stills than those licensed, and to procentf
against ofiTenders, - - - - •- ^
Licenses to extend for one year from 6th January ia eacli ytmr^ Id
License to be taken out by wholesale renders of wioe, brandr,
&c., 216,877
Duty on such license, > - - - - ih» ih.
By whom to be issued, - - - - - ih. *.
Fee to inspector, two shillings and six oenee, - - ih.
Penalty for selling spirituous liquors ny wiuilesale withcMt li-
cense, jC16, ..... - 216
Any information or complaint to be brought within six nHwOe, lb.
Licenses to be taken out annually by hawkers aaif pedlars^ (saa
66th Geo. Ill, c 84, p. 205.) - - - . 2n
For oTery license to hawker, kc. traTeUinc ov loot, £B, - A,
For do. to do. travailing win horse, m«de,6ce.Xl!fl, ik.
For do. to do. sailing with decked veescL iSSS, 216
For do. to do. * Unding with boat, &c. £SKK ^
Auetlonaars required to take out lieeaaei, and pay iS6 for jSkt
Penalty for neglect to lake out license, &e. jC20,
1 Geo. Ill, c 1, p
e usual manner, I
farms, or prcTent persons _
censes to distil, from selling the liquors they may di»m»i
An additional
Nothing in 66th
▼endiiy, in the usual
on their own larms, or prcTent
iuty of jC6 on shop licenses impeeedc
^nainiaai
who hare taken oat
leo. Ill, c 1, p. 216, to prevent i
, liqnon dietAllad fipon I
any license unoer said act,
Eveiy requisition for a license to use a wooden still dmB
the number of gallons the same is espaUe ofhakUaig,
Form of requisition, ......
Penalty for diatilling without a lieeaae and uai^ tuba, km.
mentioned in the requisition. ....
One shilling and three pence aadltioBal duty iasnoaadaB (ha ea
cityofaffstins, ,-t--
Duties iasposad on taTan lieenies, to ha left at tta discaa
the justices ia Q. 8. on the 6th Januaiy, anaually; aai
oaod JCIO, nor less than £8, each.
7 C Licenses to be tak<
B*< Act continued,
Q^Aasended,
I out by penMBo kaapiuf^aie 1
of
ex-
411
LIGHT HOUSES.
Relief affbrded steam ressels in payment ef lig^t »«»» «»y»
No light house duty to be paid by any vessel, &e. of ten tone and
upwards, at any port where there is no light house eroeted, ib.
LiAt house tonnage duty on Tessals owned and naviftfed by hie
Majesty's subjects in this province, to be demanded hanaeffior.
ward only on the tonnage of cargo actually diaehaised at aary
port where such duty is to be paid, ... ag
Master to state in his report the number of tone of the s«me on
^oath, ib.
False oath therein made penury, .... yb.
jS200 granted for repairing licfat house on Gibnltar pdmt, 469
Said sum to be paid to the cmleetor of Tock* in discaai^ of sack
warrant as mar be issued for that purpose, . . ih.
Light house duties imposed, .... ib.
R^i;u]ations with respect to packets, - - - ib.
Penalty for omitting to pay the duty, > . • ' ib.
Amount of such duties now to be applied and aecounted for, ih.
Commissioners to be appointed for erecting a fight hmua ou the
False Ducks island, in lake Ontario, > - - 468
iCl,000 granted for erecting and furnishing aaad lag^ hoaae» Oc
Commissioners to report on 1st December, 1828, and aceovut for
the monief expended, &c., .... jb.
Commissioners appointed to erect a Kght house on Loec point m
lake Erie, - • - . - I '^^ s»
£1,000 granted for defraying expense of building andfoai^i^
said light bouse, ...... jb.
Commissioners to account, and to report for the infocmaiion ef
the legislature, ...... ib.
No contract to be made for a sum exceeding £1,000, - ib.
Tenders to be called for, ..... jb.
Sureties required, ...... jb.
Charge of superintendent limited to three per cettt.> . ib.
£76(rgrantea In addition, for completing and equipping the light
house on the False Ducks island, - . . . ib.
How to be paid and accounted for, .... 6Q9»I6
Provision for support of said light house during the year 18S; 5N
Commissioners to make the necessary arrangements, and to ren-
der detailed accounts for the information m the legialatniw, ih
£400 granted to erect a house foi the keeper, «id to funiah oil,
ftc. for light house on Long point, - - . 6#
LIMITS, GAOL
Assigned in each district, ..... 512
{8m Gaol lAmiii.)
UNCOLN, COUNTY OF
Formed into four ridings, ..... 86
(Set Pradamaiwn, p. 26.)
LIQUORS.
Penalty on gaolers for selling of, within gaols, M
No persons to seH without lieense: penalty fat ao
doing. «6,7l;8B,lU.Sr7
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iMMmx TO THs Uppse Canaoa Statutm.
aw
Penalty far ao doing, came at telling without Ueeate, - ib.
May M toU by retail by innkeepen, to be eoniamed out of the
honte, by the tame quaatitiet at within, without any Kddition-
al license, ....... 279
{See Ideauei.}
LOAN.
(Sf DAaUwm.)
LONDON, DtSTfttCT OF
Formed of the countiet of Norfolk, Odbrd, and Middletez, &o. 88
Allowance to the theriir of, ..... 122
Ditlrict tehool to be kept at the town of Yittoria, <- 248
Juttieei may raite by loan a turn not ezeeeding ^1,000, in aid of
fundt to nnith noland court houne.
Treatnrer to apphr annually not lett tkan jCliKO toward* payment
of taid loan and interett, - > > - ib.
Coartt of Q. 8..and O. C. to be removed to the connty of Middle-
•ex, 412-18
tSheriffto appoint a place for holding of aaid eovta, natil a new
caol aad cevtC honte (the former havimr beea dettroyed l>y
Ire) be baalt, * . • - 418
A towmto be laid oat and avroyad, wiihia the Meervatioafor a
town, ia the towaehipa of London and Weetmintter, - . ib.
W>¥tH attet to be reeerred thereia for gaol aad eoort honte, ib.
Commiteioaera appointed for erecting gaol and eo«rt honte, ib.
Fandt to be raited for aaid parpoae by an additioaal attetemani, ib.
Loan of £4,000 may be raited, .... ib.
Frorition for payment of interett aad repayment of pfinolpal, 414
Iii«t meetiag or committionen, . • . - ib.
£1,100 granted in 1880, for impfOTement of foada and hridget in
taid dittrict, «/.... |^
£2,000 granted in 1881, for tamepnrpote, ... 878
£100, anezpended of grant in 1680, authorized to be laid out, 690
LONOUIEL.
Act aathoriaing Ae Rer. John McLaiirin to eonvey certain landi
in the towntfip of Longaiel to the tmateet of the dittrict tehool
for the dittrict of OtUwa, - 461-2
LONG POINT, IN LAKE ERIE.
Committiooert appointed to erect a light boose tbereon, 609
£1^000 graated for defraying the expente of building and iitmitli-
ing the li|^t honte, ..... ib.
Committionen to account* and report for the information of the
Icgitiatare, ..---.. ib.
No contract to be made for a turn exceeding £1,000, ib.
Tendert to be called for, aad turetiet required, • . ib.
Cham of tuperintendent limited to three per cent. . ib.
£400 grantea for the erection of a dwelling honte for keeper of
fight honte, and profiding a boat and oil, 640
How accounted for, ...... ib.
Committiooert to make necettaiy arrangemeatt for oaiatainlng
light houte for the year 1880, > ,. . . ib.
Committionen to render account of all moniet expended, ib.
Act to prafide for the appointment of committionen to inTCtti-
gate the claimt of certaia iahabitantt of thit proTinea«for lottee
tattained by them during the late war with the U. 0. aad for
otherpurpotet therein mentioned, (csptred,) 816
£67,412 1<M. granted eonditioaally towaidt paymeat of taid
losset, ....... 5SS
LUNENBUBOH.
Dittrict of, to be aalled the Eaaten, • - • 88
MACHINERY.
£800 appropriated for pnrchating maehinefy for dretting, Ite.
hemp for expertatioa, - . . . . gOO
£60 annually Tor three yean to be applied to keeping the tame
ia repair, ....... 810
Aet to permit inqportatioa of aaid nmahiaery foae of daty, for a
limited tiate, (aspired,) - - - . - 821
McLAURIN, THE REV. JOHN
Anthoriaed to convey certain landt to tmtteet for dittrict tehool
in the OtUwa dittrict, ..... 461-2
MAGISTRATES.
(Ste /utfieet.)
MAP.
£280 granted to defray the ezpeate of procuring fire hnadred
copiet of waap of RIdeau canal, - - - • 474
MARINES, PROVINCIAL
TobodeeBBed''miUUamaB''attobeaeffttof peatient, . 274
MARKET.
PronaienaforeataMiahmetttof, ia Kiagatott, 90
Do. do. in York, - - . 180
Do. do. in Niagara, 212
Do. do. ia ComwaU, • .226
Do. do. in Perth, • - . 806
Do. do. in Amhentburgh, • 649.
MARMORA FOUNDERY COMPANY.
Incorporated, ...... 5^5
Powen of the company, ..... {5,
Capital ttock not to exceed £60,000 in aharaa of £12 lOt. each, 666
Bookaof tabapri»tioa tobeopaned,- ... i^^
Sharea to be pasrable by inttaraMnt, ... i^.
Callt for iattalmcnta to ba adTertiacd,
Stock to be forfeited opoa neglect to pay inttalmenta whan catted
for,
Stock to be traatfeiahle, .....
Upon £20,000 being tubtcribed, direotort atay be elected.
Five diructon to be choaeu annually, one of whom to be preaidaott
Method of voting for directon, - * . •
Corporation not dittolved by neglect to choote directcwt on the
day iq>pointed, - - - . ^ - . SiBf
Directon may make bylawt, . . ^ - . ib.
Director! to declare all dividendt, and to make a ttatemeoi of
the affiun of the company to the ttockholden, •
Stockholdera to rote according to their tharat.
The King^i right aod all private rightt taved.
Act declared a public act, .....
MARRIAGES.
CerUm marriaget confirmed and made valid,
Marriagei contracted before any penon in public emplorment.
declared ralid, . - - . . *^ \ ^
And the iiiue of toch marriaget declared legitimate,
Method of preterving tettimonj of tnch marriaget.
Manner of entering tne tame of record, ...
The ref^tter of tach record, or an attetted copy thereof, to be
aoAcieDt evidence, .....
Regnlatioat for the fotare celebratioB of maiviagea,
Circumttancet under which it may be lawful for a juatfce (0 to-
lemaise marriage, ......
Form of notice to be given by the maeittrate.
Form of the church of England to be foitnwed.
Certificate of tueh marriage to be tigned by ilie partiet, aad by
two or more penont pretent, ....
On application, to be regittered by the clerk of the peace,
Penont counterfeiting, or procuring to be counterfeited, the evi-
dence of any marriage, to aufier, on conviction, fine and impri-
tonment, .......
Eventual determination and period of the powen Teated ia jatti*
cet to tolemnize marriaget, ....
Method of ticertainingtuch event, ....
Penalty for lolemnizing marriage after tuch CTcnt,
Marriage* aolemnized by jutticet after tueh event, to be tomL
No valid objection to a marriage itt not being celebrated 10 a
church or chupel, . . . .
Promulgation ofSSd Geo. Ill, e 6
Minitter of church of Scotland, &c. anthoriaed to ealabiata mar>
riage,
Saah mmiater or deigynum matt hare heanaidaiBad, nd aanMr
before six magittntet in (i. S. ataemUad, aad take the ealhof
allegiance, .......
<^ S. to give aach minitter ceiiificate; fee to the clatk, -
Form ofcertificate, ......
No certificate to be given unlett notice thaU hare baan givaa, at
or before piavioiw titting of general <^ 6. . •
No clergyman to celebrate raatriatony witkoat pnblicatioa of
banat, unlett under tpeciallioMitak ...
Partiet may demand cartifioata, ....
Form of turh certificate, .....
Certificate to be regittered, ...
All marriaget cdebiated aiace thepaiMBgof 88d Geo. Ill, c6, hf
penont who thaU obtain acitillcatc at aforaaaid, made valid, ib.
Penont haTiax neglected to avaO theaMelvet of the proritioot of
88d Geo. Ill, c 6, may withia three yean pnaerva the teatl-
mony of their marriage, and aghctaata tha eama by oomplyiag
with the proritioot of 60th Geo. Ill, c 16^ - - m
Fom of oath to be takea by hnaband or wife, lb.
Certificate thereof aad fee rar the tame, ... ib.
Evidence of the marriage, 88ft
Penont tdemnixing marriage fflegaOy, to ba deamad guflty of a
mitdemeanor, . . 280
<^ S. not to hare juritdiction over tach ofifeace, 280-1
Proof of legal anthority to tolemniae manage to be on defendant. 281
Former marriaget confirmed, (Itt WillVV, c 1.) . 646
Method of preterving tettintony of former marriaget, ib.
Former marriaget not to be rendered valid, where a rabteqaeat
marriage hat beea legally contracted, ... ib.
Clemrmea or miaitten profctting to be memben of the church
of Beotland, Lntherant, Pretbyteriant, Congregationalittt, Bap.
tittt, Indepeodentt, Methodiitt, Menonittt, Tunkert, or Mo-
rariaat, authorised to tolemnize matrimony, . . 646-7
Such clenmnea or minitten to oroduce due proof of ordination
before it S. aad obtain eertifieata, before they can tolemniae
matrimony, ...... 547
Form of certificate, ...... 45.
Banna to be publithed, or lieente obtained, before the tolemnlxa-
tion of any marriage, ..... ji.
Certificate of marriage to be giren by the penon aolemnizing the
Retorn of marriaget to be made aannaUy to the clerk of the peace, lb.'
Uerk of the p^tce to record tuch return, which thai! be evidence, ib.
Any minitter, &c. neglecting to make tuch return, to forfeit £40, tb.
Howauoh fine to be recovered and ditpoted of, . 548
MARRIED WOMEN.
Enabled to alienate their real ettate by deed extcated joiatiy
with their hutbaodt, « - . * • 211
Matt acknowledge the tame before a judreof K. B. ia ehamben,
or before the <|. S. in open court, withio twelve moatht froaa
the date of the deed, ..... 241,282
If retideot in Great Britain, Ireland, or any Britiah colooy, to
appear before chief mamimte of any city, &c. or before one
of the jadgaa of the tii|BM ceart ia tach cdcay, toaehiag
her content roluntarity taaiMpate attch real eatate, • - 241
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
Ib.
lb.
ib.
ib.
ib.
lb.
89
ib.
ib.
ib.
lb.
ib.
ib.
ib.
40
ib.
ib.
ft.
ib.
Ib.
ib.
ib.
ib.
Ib.
ib.
ib.
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mi
Ihdbx to thx Upfsr Canada STATtrrsa.
Pturt.
C«rtifleat« to b« giTen of raeh ezamiimtioB and eoMent, - 241
Sneli exatniDKttoB, he. may be made within tweWe montht from
the execution of the dead, .... ib.
CeitiileaU of mayor, he. of any borough, &c. to hare the aeal
of such city, fte. allUed to certificate, " - 242
Bfarrled women 'reaiding om of the prorincc may appear before
Q. 8. in anyilittrict of the province, to alienate their real ec-
tnte, • - - - ^
Fee to cleik of the peace forcerti6eate. fire •hillinge, - ib.
Act (Itt Wil. IV, e 8,) to enable mamed women more conTcn*
iently to alienate and conrey their real eatate, Ac, • 648
If reiident in U. C mav alien their real estate by deed executed
jointly with their hatbands; prorided snch deed be executed
in presence of a judge iif K. 6., or of the district or surrogate
courts, or of two justices of the peace for the district in which
such married women reside, .... M^
Such judge, Ac. to examine them toneking their eonsent, Ae. ib.
Form of certificate, --.-•- ib.
IF resident out of the province, such deed may be executed be-
fore any such judges or justices for auv district, - ib.
Vo greater effect given to such deed than if such mairied wo-
men had b^n sole, ..... ib.
Where married women hare heretofore oonreyed their estates,
but no certificate hath been granted within twelve months,
such certificate may be granted, notwithstanding the expira-
tion of each period, ..... ih.
Such certificates not to affect sales made previous to the granting
thereof, --...-' ib.
Fire shillinn to be paid for certificate, ... ib.
48d Geo. II I, e 6, repealed; sneh repeal not to afieet conveyaneea
executed while the same was in force, - * - - ib.
{Su Dower.}
lOAfiTERS OF VESSELS.
Their duty in reporting the actual tonnage of the cargo landed, 408
BfATTHEWS, JOHN
Commissioners for forfeited estates authorised to repay to him
£Sb, received from him as purchase money for an estate im-
perfectly described, ..... 475
The deed given to him to be first surrendered, ih.
MEASURES AND WEIGHTS.
jC75 sterling appropriated towards purchasing a set of standard
weights and measures, to be depoeited with the secretaiy of
the province, ..-..- 826
Seeretary to furnish each district with a standard of such weights
and meaeuree as are deposited with him, - ib.
Mi«iitrates of each district to appoint a person to take charge
of the diatriot stendard, and to be inspector of weights and
measures ; such inspector to mark such as are presented to him,
found to agree witn his standard, ... ib.
Magistrates may remove inspectors and appoint othera, - 826-7
laspeetors to take an oath; form thereof, ... 287
PensJty for trading persons having in their possession any weights
or measures not stamped by district inspector, - - ib.
Appropriation of penalties, . . . - • ib.
Surplus of the sum granted, to remain at disposal of pariiamant, ib.
Saio grant of jC76 to be paid br receiver general ana accounted
for through the lords of his Majesty'»4reasury, - ib.
MECKLENBURGH.
Districtof, to be called the Midhmd, - - - 88
MEDICAL BOARD.
To be appointed, for the examination of candidates for licenses to
practise, .......
If satisfied with the examination, to cive certificate nnd<
hands and seals of two or more of thehoard; whereupon the go-
vernor, Ac. to grant license, . . • . 285
Fee for certificate, £8 10s. - - - ' - - ib.
Do. for license, £1, - 't - - - - - ib.
Secrotery to the board to he appointed, - - . 240
His duties, ib.
Sitting not to exceed a week, - - - - ib.
Notice of application for license to be given to the secretary, ib.
Fee to the secretary, 10s. for receiving such notice, and a further
sumofIOs.on receivinic certificate, ... 241
Two of the members of the board may be impointed as inspec-
tors of militia pensioners; their duties, (set Pensions,) 272-8
Who shall be authorized to practise physiCj Ac and upon what
proof of Qualification, ..... 488
, Affidavit, wnich is to be left in the governor's office, - ib.
* False swearing therein made peijnry, ... ib.
Necessity of diploma, warrant, Ac- or of a license from the board,
may be dispensed with in certain cases, ... ib.
Licenses in such cases to be obtained from lieutenant governor, ib.
Persons who have been appointed to the medical boara,and pei^
tons actually employed as physicians or surgeons in his Majea-
ty's foroeii, ma^ practise without a license, - . sh.
General prohibition to practise without the proper authority* ib.
Females nay practise midwifery without license, - - ib.
Fractising without authority declared a misdemeanor, - ib.
Proofof authority to lie on defendant, - - - ib.
Limitation of prosecution to one year, ... ib.
Fine and imprisonment for practising without authority, - ib.
Fees for licenses grannd under 8th Geo. IV, c 3: to the gnrer-
nor*s secretary, twenty shillings, for license; to the clerk of
the peace, five shillings, for drawing up and signing certificate, ib.
MEMORIALS OP DEEDS, CONTE7ANCEi, ANd WILLS.
(Set RMgiMUr Ojffie§J^
MtENONISTS AND TITNKEfiS.
Not to be compelled to serve in the militia, • • 18B
Proof of being such, - - - - . - • Sk.
To rive in their names and plaees of residence to the treaaufer
of their respective districts, on or before 1st Deeesber, aams-
ally, and to pay twenty shillings in time of pcnee, and £fi in
time of war, for such exemption, . • • . ifa.
In default of payment, to be levied by dietfeas, - - lb.
Dlstross money how to be applied, - • - - ft.
Punishment for want of distrosa, • . • • ib.
Ciroomst-jnces under whicn they shall not be liable to payaaent, 185-6
May make affirmation in all civil and criminal cases, • 150* 481
Perjury may be aasigned on false affirmation, - - ib. ib.
Not to serve on juries in criminal eases, nor hold any effiee in
therovernment, - - - - - ib. ib^
ReUetaffi>rded to minors of the society, in napect of ceitifiente
required by 48th Geo. Ill, c1,s 27, ... Mi-4
(See ^wdtere; Moravimu.)
METHODIST EPISCOPAL CHURCH, IN YORK.
Trustees o^ empowered to convey away ceilnia land in die t0«n
of York, ..--.--SOS
281
May invest the monies aiiaing flrmn the sale thcfreof in tte pw-
chase of other hmd for the nee of aaidehnreh, - 606-7
May aeeept deed of such hmds to he parehased, upon ikm frusta
to be therein declarad, ..... fiOT
Not to be nltowedto heid more than fire aerea, > - ib.
MICHAELMAS TERM.
Sitting of, in 1824, declared legal, .... 8BR
(See Kimg*9 Beneh.)
MIDDLESEX, COUNTY OF
Formed, ...--.- 81
Certain new townships added thereto, 21!^
Act to protect certain inhabitants thereof, in posaesaien of thnir
lands, during the oontinuanee of anid net, (aqsircrf,) 416
MIDLAND DISTRICT.
District of Meeklenburgb to be so called, . . - SI
Gaol and court house for, to be built in the town of Ki^gslan^ 84
Sheriff of, to return a punel of jurors /or trials of eanaca nt.tbe
assises, at stated periods, without a venire facias, - A
CourU of general Q. S. for, to be holden at AdolnhuatowA on 4th
Tuesday in Januaiy, and 2d Tuesday in July, and in Kxnga-
tcn on 4th Tuesday in April and 2d Tuesday in October, 61-2
Justices authorised to borrow not exceeding xHfiM for erecting
a new gaol and court house, .... 816
£800 annually to be appli^ towards redeeming said hnm. ib.
Not more than six per cent to be paid for interest on said loan, 811
Justices authorised to raise br loan an additional anm of £1,000
for building gaol and court house, ... S7
Provision as to assessment when the county of Prtnee ESdwwd
shall be declared a separate district, ... 6B6
£600 to be paid by saSd new district to treasurer of Midland dia-
triot, in full for arrears of debt contracted for the erection ef
thenol and court house, ..... 664
£1,900 granted in 1880 for improvmnnnt of ronda and bridgca is, 0K
£2^200 Rtmnted in 1881 for same nurpoee, ... 676
£60 unexpended of grant in 1880, how to he applied, 6n
MIDLAND DISTRICT SCHOOL SOCIETY.
Incorporated, - - . - .
Meeting of subscribers to, to be held on 1st May, 1816,
President, secretary, treasurer, and trustees to be chi
four of whom, with the president, to be a qnemm, - ih.
To be capable of holding lands, Ac. in trust, Ac. for the society, ih.
And to sell or demise the same, and do all other things that to
them may appertain to do, ... ^. ib.
No persons but subjecU of his Majesty can be trnsteea or tcnchen, ib.
MILKS, JAMES
Authorised to eonrey certain landa, in trust, to trustees, for the
use of the Presbyterian congregation of the townehqw of
VaughanandMariiham, .391
MILITIA.
Appointment of officers of, - > - - • 180
Comparative rank of officers of, with those of his Mmesty's forces, ib.
Limits to be specified to each captain from within which hia com-
pany is to be enrolled, ... - - ib.
Every male inhabitant from sixteen to sixty years of age to he
deemed capable of bearing aims, . . . ib.
Manner of enrolment, ... - . 180,261
Penalty for neriecting to be enrolled, . . - ib.
Notice to be given, ..... ib.
Persons above age of fif^, not to be eallfd upon to hear anas,
except on the day of annnal meeting, or in time of war or
188
186
BOinnypcr*
emergency,.
Absence at time of enrolhnent not to pieTenttfcn
son from being enrolled, ' ' s'
Affe of militia-man how to be proved, ...
Militia to be called out on the 4th of June, and oftener, if teaa-
mending officers think the same necessary, to he reviewed and
exeroised, .......
(do The time herein fixed was altered io 23d 4p^ ^md vari-
ous amendm^nU made by td Oto. TV, c 6, p 299, HbhAek being
limited to be in force for four yeare only,, expired by tfs oksi
KmitQiiim; andtkiaact(4Sthato,lIlcl,)isih*r^trtviv9d.)
Penalty for neglecting and refoting to attend,
Militia mav be retnewed at'difRreiyt times and in separate h^
dies, '....---
ih.
181
ih.
ib.
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Rolls tnd retant ef the iiftreBt cwnp— fag to b« tlrt%
Penalty for neglect, ---.-• ib.
AdjaUnt general t<» be epppiated, .... jb.
Hiitshiry, (£a65pcrannnfn,) -^ • - - 104,816
Salary of asaistant adjutant general, (i;200,) • - 385
Allowance to adjutant general in lieu of all contingeiiciea, (£69
per annum,) ...-.- 817
Inspection of arms and iiifltnietiona in duty, - • 131
Penalty for non-attendance after notice, - - - ib.
In what maanar the militia to be called forth in time of war, ib.
Penalty for disobediercc, - -' - - - ib.
Miliiia not to serve more than six months at one time, • ib.
When persons ai>ove fifty years of a;re m;iy be called out, ib.
When the militia to march out the province, - • ib.
Governor, &c- may call out detachments of, • ^ 132
When such detachments may be called out by the senior colo-
nel, &e., .------ ib.
Impressing of carriages and horses, . ' ' * '^*
Hire of the ssme, twelve shillings and aix pence per day for each
cart or carriage with two horses, &c., and two shillings and six
Dence per day fnr driver, ----- 176
Sunstitute to serve may be provided, . - - 132
Kegimcota and battuljnus, &c. how to be formed, • •> 132, 136
Everv regiment tu have one adjutant and one quarter master, 132
Number of sergeants how to be fixed, . - . ib.
Independent companies how to be formed, • . • ib.
Penalty for disobedience of orders, quarrelling with or insulting
an officer in the execution of hisdut^^ ... ib.
Militia-man, when called out, to provide himself wit^ musket,
&c. and with powder and ball, - . . - ib.
Penalty for neglect, except when excused by a certificate from
his commanding officer, - - -' - - 133
Penalty on persons who sball buy or sell arms, 5cc. delivered out
of the King's stores, ..... ib.
Punishment (when the militia are embodied for actual service)
for using traitorous or disrespectful words against the King or
an^ of the royal family, - - - - - ib.
PuQishroent for behaving with contempt or speaking words to the
hurt or dishonor of the governor, &c., ... ib.
Punishment for mutiny and sedition, ... ib.
Punishment for not endeavoring to suppress the same or give in-
formation thereof, ...... ib.
Punishment for desertion to the enemy, ... ib.
Non-commissioned oflicer or militia-man not to absent himself
without furlough, nor attach himself to may other regiment, &c., ib.
Punishment fnr receiving, entertaining, and not discovering such
non-cumraisstoned officer or militia-man, • - 134
Punishment for having advised him to desert, - - . ib.
Mode of ordering andof atfsemUing general eoarts martial, 134, 254
Tlie members of which they shall consist, • - 134
Jndge advocate to he appointed by the governor, &e., - ib.
Oath to be taken by the members, - - . • ib.
Oath to be taken by the judge advocute, ... ib.
Oath to be administered to witnesses, ... ib.
No judgment without the concurrence of two thirds of the mem-
bers, - - - - - - - ib.
No judgment to be executed without the approbation of the go-
vernor, &c.. ...... ib.
No officer of his Majesty's other forces to sit in such court mar-
tial, -.---... ib.
Regulations to which the militia shall be subject, while embodied
on actual service, .----- ib.
Non-commissioned ofiicer or private militia-man not subject to
the punishment of bein^ whipped, ... ib.
Elxemptions fromserring in the militia, except in time of actual
service, p - - - . . . 135
Not to prevent the persons so exempted from holding commissions
as officers in the militia, ..... ib.
Governor, &c. may grant exemptions from ser^'ing, - ib.
Quakers, Menonists, and Tunkers, not to be compelled to serve, ib.
Proof of bein^ such, 186, 163
To gire in their names, &e. to the treasurer of the district where
they reside, 185
Payments to him how to be made and applied, • - ib.
In case of non-payment, distress money lo recovered how to be
paid and anpiied, ......
Punishment tor want of such distress, ...
Circumstances under which Quakers, &c. shall not be liable to
l>ayment, .--...-
When (he goremor, &e. may emplov the militia upon lakea, ri-
vers, &c. in such detachments as oe shall think nt.
How iiersons shall be taken to serve on such detachments,
Notice to be given to such persons, ...
Governor, &c. may appoint detachments to serve on board res*
sels, ke. with great ^uns and small arms, and station tbam in
any of the creeks, rivers. See. of this province, and also train
them to the use of great guns and artillery.
Troops of cavalry may be formed, - . . .
Time of service of such detachments, - • -
In what manner they shall be relieved, ...
Method to be pursued in case such detaehaeats cannot be re-
placed by an eqiud number of men.
Punishment in case of non-payment of the forfeitttres imposed by
the act, ...-..- ib.
No non-commissioned officer discharged from his Majesty's ser-
vice shall serve in an inferior station in the militia, - ib.
Penalty for withdrawing or abscond in if'from exercise, - 187
Penalty for a sergeant neglecting to warn a militia-man to appear
at the place of enrollment, . - - . . ib.
Sergeant in the militia exempted from serviaa as a constable, ib.
ib.
ib.
ib
ib.
ib.
fivcn who are wounded shall be taken eare <
'%
of«4in«ie«i«itob« paid b» tint <
Penalties on default of payment to be teviad oy dittrMfj <nRB|phu
to be retomed, • - - . . / ^ ib.
To whom sums so recovered to be tranamitted, - • 904
How to be applied, • • ... ib.
No writ of certiorari to issue mdess the penalijr be abottt JS20, 187
Lioftitatioos of aeliima within six months, • . . ib.
Plaintiffs beipg non-suited, &c. defondanis to have treble coala. ib.
Former militia acts repealed; no militia appointment to ba Toid
under any former acts until new com.iiissions are issued under
4SlhGeo. Ill, el.
What shall be furnished to militia when on a
Militia to lie billeted on their ■wreh.
Penalty for rafusinj^ billet, - - « •
Mode of billeting militia when cantoned.
Redress in case any person shall think himsalf acgriaTnd,
Carriagex to he furnished to the militia when cantoned, ^
Boats and' other craft to be furnished in cases of emergnney,
Penalty in case of refusal, . . . . •
Mode of recoverins penalties under 49th Gno. Ill, e 2, •
Ordinance of Quebec, 27th Geo. Ill, repealed, • *
Aliens need not enroll themselves in the mditia,. •
2d Geo. IV, c 3, p 299, (eaptred.)
{See PenMtOM.)
188
.147
ib.
ih.
148
ib.
ib.
ib.
ib.
ib.
149
204
MILITIA ARTILLERY.
Every officer, non-commissioned officer, or privnta iBilitin-n»a|i,
acting as provincial artillery driver, &e. to be deawe4 militia-
man as res|>ccts pensions, • • . . • 874
Coropantea ol, may be fonned« • « - • 816
MILL DAMS.
Owners or occupiers of mills to eonitract apron tn tMr ^tma^ ^gk
Penalties for neglect, ..... ^^
Appropriation of penalties, • . • • .
Mode of constructing such apron, . • • •
MILLER. PETER
A pension of £20 per annum granted to him daring life, -
MILLERS.
One to every grist mill exempt from lenringin the miiitll^
MILLS.
Regulations as to toll, and marking bngi siiit to, •
How rated, -.--..•
MI6SISSAGA INDIANS.
Their exclusive right of fishing and huntiagnn Ihn rivw CriMiit*
declared, . - -
MONEY, BRITISH
Value of. declared^
MONUMENT.
£1,4K)0 granted to erect one to the
£fyyi granted to complete the aune
MORAVIANS.
Admitted to affirm in civil and criminal cases.
Perjury may be aseignad on falaa afllrmation.
ib.
468-7
818
188
88
846
RKfliorr of sir Isaac Bneli, 187-8
• • 480
fb.
88
481
- . ib.
MOR.4TI.4N INDIANS.
No persons to sell or barter rum, Itc. within the tract occupied hy, 06
Penalty on conviction, same as selling spirituous liquors without
license, ....... |b.
MORTGAGE.
Form of memorial for registering of, ... $|
Do. of indorsement, . . . - • jb.
Do. of certificate of redemption of, - - • 66
MOTT, EDMUND
Act to afford relief to, under 64th Geo. Ill, c 9, • - 887
MOUNT, ROSWELL
Act to indemnify him for monies admnced to complete- bridge
across river Thames, ..... 5B|
NASSAU, DISTRICT OE
To be called the Home diatriet, .... 88
NATUR.4LIZATION ACT.
Certain description of persons admitted and confirmed in thepri*>
Tileges of British svDjecta, . . . -
Oath of allegiance rcqnired, - ' -- * . ,mo
All persons aoroiciled in the province on the Ist March. J828, and
having resided seven years therein, to be deemed sabjecU,
Form of the oath or affirmation to be taken, - . * _^ .
Period for faking such oath extended to four years from loth
March, 1881, and to the end of the then neat ensuing session.
False swearing therein declared pa/jury, .•.,".
But the rights of others shall not be prejudiced thereby, -
Registers may administer oatb«, and shall keep registers.
Duplicate registers how to be made and preserved.
In case of the loss of the registry, how to be supplied.
Extract of register to be evidence, ...
Register sbalfverifv his books on oath, - - -
No proceedings to be had under this act. after the year 18C0,
Penaltv for omitting to verify the record. - -
Alphabetical lints to be made; books to be open to inspectors.
Fees for search; other fees, - • • • •„ ,
Bemedyin case of pefieM Hgia^ befcte they oto-beniftimliwi
under this act, . . • ^ - •
478
ib.
ib.
480
8S5
478
479
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
ib.
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Immax vo tha U:
Camaba Sva'
>.tliriii!ttA btUcetidbythbMI, ... 480
BMMdy with rtspcet to MUt«t he)d by alien*, dMiT«d through
■iiMi. (exeaptiow in eertftin mms,) . . • ib
Fnrm nf the emdarit and tchedvle* to be kept wider thie act, ib.
Act ilh Oeo. 1 V, p 477, pari of the ninth elaate repealed, 665
Act to be re»d al Q.. 8. inamediatelj after emuanBcnhig the gTMKl
jmryt for foar eaeeesaiTe sittiaga after lit July, 1831, - ib.
{Set jUUfUi FbrftiUd Satattt.)
HAYIGATIO.V, INTERNAL
Act for the improraroant of, - * > - 208
GoYemor to appoint commiisionera; their dntiee, * 269
Id the aheence of the president, a rice preaideDt to be elected,
who ti to hare the name powers, - - 818
Commiiaimien reliered frum reporting within twenty days after
the eetiinn n{ 1822, ..... jb.
Bat not to delay their report beyond 16th Fcbraary, 1828, ib.
Ao additional enm of £1,000 granted in aid of the funds for im-
proving inland naTigat ion, .... 821
How to be paid and aeeoanted for, ... - ib.
Si (i*n. I V, c 2, p. 268, as amended by 8d Geo. IV, c 1, p. 803,
eootinned, ....... 866
£1,000 granted in addition for the parpoics of the former act, ib.
Act coutinnsd in f >rc« two ye&rs, .... ib.
Commicsioners may cause a sarrey of the isthmus between
Preeipte isle harbor and the bay uf Quinte, and prepare esti'
nates of the sum neceslary to connect the same by a narigmble
canal, ....... Ib.
CommissioDers to procure fire hundred copies of the map of the
Ridean canal, ---..- 474
1I0V7OASTLE, I>ISTR1CT OF
Formed of the counties of Durham and Nnrthnmberland, 96
Courts to be heM therein; but those nf oyer and terminer poet-
poned until 183:^ - • * . - . »8
Allowance to the sheriff nf, . . - . - 122
Gaol and court huuse to be built therein, . . . M
Proriiion until th ■ aanl and court house erected, > . 97
JvieJiction of the Hnme district tu cease; present magistrates.
He. residing within this district to continue, but not to have
any authority nut of it, - > - . . ib.
AppTieatioD of the cnrreat assessments. (1802,) - ib.
Jsaticea mir appoint a proper place in th« townships of Haldi-
maad or Hamntoa for building a gaol and court hflu»e, - 117
Gnoland court hnuse not tt> be built on any reserve, or on private
property, without permission, .... ib.
To be ervted within two Tears, 118
Act declaring the gaol an j court house erecting in the ▼illare of
Amherst, in the township of Hamilton, the legal ;aol of the
district, - . . - • ' - 661
Magistrates of the district indemnified for the illegal expenditure
of the money heretofore applied towards ereetina; a new gaol, ib.
FtinJs of the aistrict mmy be applied toward? erecting the new
ganl, not exeeading the snm of Jdi.OJO, ... ib.
L<ian authorized, net exceeding iC2,600, ... ib.
Intcrast thereon noi to exceed six per cent, and not less than
iSKlOper annum to be applied towards the liquidation of such
loan, ...•--. lb.
TraASurer not to receiro per centage on the money loaned, • ib.
Act granting a sum of money towards the imprtivemeat of the
roads therein, 226
The provisions of the law for the preservition of salm;>n, extend-
ed to the district, ...... 280
£100 granted to erect a bridge over the Otanibee river therein, 462
JC1,10J granted in 1830, for the improvement of the roads, &c.
therein, ....... 525
£1300 do. 1831, do. do. 676
WBW YORK CURRENCY.
Declared to be illegal after 1st July, 1822, • - • 281
NIAGARA, DISTRICT OF
Formed, S3
Ctf tain parte of the Niagara and Home districts to form the dis-
trirt of Gore, --.... 199
Court house and gaol to be built therein, • . . ^
powers and duties of the justices therein, ... ib.
^2,000 appropriated for the bnilJing a gaol and court house, 186
District school of. ti be kept in the town uf Niagara, . 127
Act to aff.ird relief to persons h(»ldi-ig Kinds, &c. therein, 196
»jj»*>!) granted to carry into effect the provisinnji of said act, 201
Allowance Cr.^m the common school fund, jk:230, - - 261
Arrears for supimrt of common schools thereiti, during 18*20 and
erace,tn be paid to the treasurer, on his accounting for the
sums received forarrears of 1»20. accorJin? to law, - 333
their* V"' ^^^'" '^P***^*' ■"** treasurer to pay teachers
£^"W0 granted hi 1830, towards the improvement of the roads,
£l,66a do. 'in 1881, do.' ! '. *. ', 576
IffIAG4R.\. TOWN OP
Limits thereof extended, ' - - - . 196
A market therein esUblished ; justiecs may make mle«, &c. tbcre-
f«»r, and im|iose fines, not to exceed twenty 9hilltii» for any one
oneoce, ""----. 212
9"9*» wgulations not to be in force until after three weeks* pub-
hcation, - . . . . . - ib
Auplieation of fines, ...... j^'
Mariut bnosa to be erected at such pUce as justices in Q. 8.
asay direct, ... - 288
Police tharain eatahlMMd; pMran nd datiae ^ jutlctt, iK
Act continued and amended, • ' ' ' U
Justices in police towns may maka regsdations rcspcctisg iwiae
running at large therein, > ' * ' ■ 3ili
NIAGARA CANAL COMPANY.
Incorporated, (see IVeUani Csno/,) - - • tl
NIAGARA HARBOR AND DOCK COMPANY.
IncoriHiratad, - - - - " « • SC
General powers; company Authorized to coastnct t btrlMril
Niagani, - - - . - . . g
Company may aeree with ownen of any property opoB whiek
their improvements may be made, for the parchase thereof, or
for dsmages done by the company, - . . j^
Arbitrators'^ mar be appointed to settle all difficolties between tk
company ano individuals, • -'-•!:
Airard made therein may be made a rule of the coert (vf K. B. ib.
Directors to fix the rates of toll and wharfage, . Kg
The harbor ihall be vested in the compsnv, - . 1^
Period when the company shall begin to demand tolli, i^
Harbor to be cnostracted between the ferry lot on Niftgvxrirer
and the termination of King street, on said rirer, J^.
Goods, vessels, and boats, may be seized fornon-nsymcntofbili, A
Seven d>eetors to be elected aonoally; one (rf'wDogi tibcpmi-
dent, - - - - - - - 8.
Mode of electing directors, - - - - • i
How vacancies occurring during the year are to b: filled op, Sli)
Stockholders to vote in proportion to their shares is the rtpitii
sto.k, - - . - - - ■ i.
Corporation not to be dismlFed by neglect tn choose director! oa
the day appointed, - . - - • ik
Directors may make by.laws ; first meetin*; of stock hnldtn, it
Capital St >ck not to e^c.ed £2-3,OO0, in »harejiof £12 KKearh, ii
Stock to Ue called in by instalments, and to be forfeited rn ana-
payment of instalments called for, . - • ik.
Directors to der^lare dividends, and to render acenantiaanoaf);
to the slockbr»lders, - . ... in
Act declared to bf a public act, - - - - ib.
After fif.y years, the King may assume the possestioeof the bar
bor, Ac, paying therefi»r, - - - • ifc.
ToIIh thereaher to be paid to the receiver geaenl, * ^
How tolls to be accounted for, - . . • ik
All government resscls, &c. may use the harbor toll fm, &
NICHOL, TOWNSHIP OF, (iw thb Difxaicr or Gou.)
Formed, - - - ..••»!
NISI PRIUS.
(See Maixt and Niai FriuM.)
NORFOLK, COUNTY OF
Formed, -.-... • »
Townships of Rainharo and Walpole taken therefrma asd added
toHaldimand, - - - . . • «
(^e Prodamation, P- 26.)
NORTHUMBERLAND, COUNTY OF «.
Formed, . - . " ' * ' «
Certain new town»bips added thereto, . . • Sn
(^^e Pror/jm if ion, p. 23.) ,. .
Act making valid, under certain restrictions, the refictrrMdeedJ
and cnnvry.kn?es, made by the register thereof, oBderas tf
pomtnvent, adjudged to be invalid, ' tL
The memorials and registries of conveyances made by Tii«ntti
Ward, esquire, under an invalid appo:ntmentwrejn«traf thm-
of, to be transraitte 1 by him, and delivered orer tn the p'f»<K
registrar of said county, within two months froAthe psatn$w
this act, ' J^
When so transmitted,they shiU form public records of sach offiM,
and shall be deemed valid registries,. * * * .
Claims of innocent purchasers, without notice of SBjiacfcriju- ^
try, shall not be prejudiced bv this act, - -*/'■»-, ,v
This act tu make no alteration in the tenure'of the ofice tf rejtsin., »^
NOTARIES. ,^ TI
Ordinance of 25th Geo. Uf, respecting them, repwlW' *
How the expenses of noting protested bdls of excbanpi »c.ire ^^
to be paid, - - - - • • *
NOTES, SMALL , , SI
And inland bills of exchange: The issveof, made l«gal>
OAKVILLE. ^^^tAi
Act authorizing William Chisholro to constiuct a Iniwrai**^
mouth nf Sixteen-Mile creek, to be so called, ^
Further aid granted tiiwards this same objert,
OBLIGOR, JOINT, CONTRVCTOB OR PARTNER
Any one of whom may be sued separately, if the other n« w«w- jj-
the iurisdiction of the court; which fact ronst be «heri»| ^^
8u?h joint obligation, contract, or promise, may oe l^'*"*'. " ,
dence asainst any one or more of the jiint parue», ss 11 > ^
a so/f obligation, . • - - ' »a(uxtn^
No execution to iNsoe upon a judgment agamit sny our «" •• jj.
joint obligors, &c. until the obligation 1* filed w coon,
OFFICERS, ^ ^ . , ._vu hat .,
Of lej?isUtive council and mejnbers of honse of ajieawj. ^^^
paid, - - - - ' . /;-„ofietaal
Civil officers need not serve in militia, except n tJioc« g
service, - - - " • ' . »*
Salaries of certain officers increased.
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OrFICERS, RETURNING^ AT ELECTIONtb
(&« Rtiurmng OffietrM.}
ONTARIO, COUNTY OF
Fonned, {§n Gov. Simcoe't ProelamaHon,) • • 25
Composed of the following islaDds, riz.i Amhent iaiaad, Gafa,
WoUe,aMlHow6ul*B(k, 82(
ORDINANCES OF QUEBEC.
As to those in force in Upper Cnnnila, ... 23
No further repealed by 32 J Geo. Ill, c 1, than is necessarily ra-
ried thereby, ...... 80
2dth Geo. Ill, respecting the securing of the re venoe arising from
retailing wines, brandy, &c. repealed, - •> - 67
17th Geo. Ill, respecting the currency, repealed, - ff7
25ih Geo. Ill, respecting attorn ies and notaries, repealed, 75, 79
Respecting the quartering nilitia, &c. on the coanties, parishes,
&c. repealed, - - - • - - 149
]7th Geo. Ill, lespecting damage* on protested biUs, &c. repealed, 167
Respecting land surveyors, repealed, ... 235
28th Geo. Ill, for promoting inland navigation, repaaled^ - 851
ORIGINAL. PROCESS.
CS*« IVrit; Kin^B Bench; Diitrid Court)
ORPHANS.
Town wardens, with the approbation of two jtistiees, mty bind
orphan and abandoned infants as apprentices, - - 85
When the like power vested in the mt»ther, with certain exceptions, ib
No ehild of the age of fourteen to be so bound, unless by consent, ib.
Children cf <Mcers or militia-men killed on service, to receive
pensions, ..--.-. 178
06NABRUCK, TOWNSHIP OF
Division line between the 2d and 8d eoneestiona of, established, 897
OTTAWA DISTRICT.
Formed of the connties of Prescott and Rassell, - • 191
Justices of, may seleot the site of the gaol and court honse, but
not to be erected on any reserve without permission; and until
•o built, justices to appoint the pUce of holding the court, &c., ib.
Act not to affect the jurisdiction of the Eastern district, - ib.
The duties of the sheriff as to jurors, Ac, - - ib.
Person* charj^ed with the com.-nission of offences beyond the ja-
risdiction of the Q S. to be removed to the Eastern district
for trial, &c.. ib.
Expense of such removal to be home by the district of Ottawa, ib.
Powers and duties of the justices therein, - - - 192
Mode of pr«>6eeding in civil aetions, ... ib.
Allowance to the sheriff of, ..... 213
£100 applied towards a public school therein, which la to he kept
in Longuiel, and under the same regulations aa olhof pnhbc
•ehools, ..-----. 8S4
The trustees of the district school authorised to accept of a grant
of land in the townnhip of Longuiel, for the use thereof, from
Rev. John McLanrin, ..... 461
Q. S. to be hnlden on the third Taesday in January, April, June,
and September, in each year, .... 483
£800 granted in IS30, towards the improvement ttf the rtmdtjt^. 525
£1,000 do. 1831, do. do. 576
OTTAWA RIVER AND LAKE ONTARIO.
Act anthtrizing his Majesty to construct a canal to connect them, 482
{See JUdMui Cmal,}
OTANTBEE RIVER, (i!» thb District or Newcastlb.)
£100 granted to erect a bridge over, . . - 4«
OVERSEERS OP HIGHWAYS. ^ i^ j .
Ti» be chosen annually, in town meeting, on the first Monday m
January, - - - - . ' ' " -??
Thirty may be appointed for each township. - - oio
Penally for neglect or refusal to be sirorn into office, - <JD
Justices in special sessions may BH np vacancies, in cases of refa-
sal to act --•"*"' *"•
Are to have cognizance of the sufficiency offences, in conformity
with the regulations made at the town meeting, - - lb.
Mav be appointed by thf ^ S- in cases of death or removal, r.nd
when no town mcctiuff hfld, , " ^ * " " *^^» }rj
May be fined for neglect or refusal to act, -..-..• ,^24
Their powers and duties in muking and repairing bridges and
causeway* • mav order materials to be taken therefor Irom the
lands atljnining .'if unenclosed and unimproved, - - 154
To r.'ceive their divisions iinii orders from the justices in special
sessions, from time to time, as they shall deem necessary, * 155
Their duties therein; penally on inffividnals for not obeying the
summons and orders cf the overseer, ^. - , - - j^-
His penally Torneglecting tr» summon mdividuaisto work, lb.
To mak»ft Hst of every person who is owner of a c:irl, wagon,
Stc. within their division, and of all the inhabitants therein li-^^
able to work on the hichways, - - - - 155-6
To deliver a copy thereof to the justices, - - - 166
To collect compositions and forfeitures, ... ib.
To keep an account of the labor done, compounded for, or unper-
formed, - - - - - - - ib.
And also of such money as may have been received by virtue of
ibis act, how the «arac has been a)>plied, and what may be due, ib.
Such accnnit to be delivered to the justices at a special sessions,
to be holden in the month of March .annually, - - ib.
To give, leave, or cause to be left, at the house or usual place of
abode of every person liable to perform statute labnr, a three
days* notice at least, either verbally or in writing, of the time
and pUee at which such labor is to be performed, - ib.
Penalty .for not ^
Pag^
'.for not working, in pnmtanea to eneh noCfen, wi^<ar(r
wa/;on, &c., and also tor not peiibpming pcraonal kbor^ 106
Applicatioonf such forfeitures, .... fb.
Recovery thereof before milking up their accounts, - ih.
Composition money to be4>aid to them; application thereof, 157 '
Overseer neglecting to apply composition money to the uae oC
highways, or refusing to account f(»r the §,1019, to be liable to
imprisonment, &c. until he shall render an account, and pay
over to the justices that money, (such imprisonment not to ex-
ceed three months,) - • - - - ib.
Falsely swearing to an account of the composition money declar-
ei to he wilful perjury, .---,. 1^7,251
Their duties when the highways are obstructed by snow, 157
Sukesand beacons to be sturk on each side of the road, oTer A:o>
sen waters, when necessary; penalty for neglect therein, 169
Their protection in the discharge of their duty, - - ib.
Action to be commenced within three months, - • ib.
Plaintiff to pay treble costs, on non-soit or discontinuance, ih.
To gmnt to persons not assessed, liable to perform three days*
I:^r, removing from the township, a certificate of the number
of days* labor that may have been performed; in order to pre-
vent such persons from beuij^ ajg;;ain called upon to perform la-
bor in auotaer township, daring the same year, - * 200
Overseers to render an account on oath, ... 251
Money not expended by them to be paid over to their saccetfocs, ib.
OVERSEERS OF HIGHWAYS FOR TOWNS.
iSce Surveyort of Sireeti.)
OTTTLAWRY.
54th Qin. Ill, c 18, rere^^e^; but proceedings tndsr it confirmed, 181
The Q. S. substituted for sheriflT*! county courts, • io.
Process on indictnaenta specified; form o'f exigent, • 198
Duties of the sheriflT on exigent; form of the return of, • lb.
When proclamation to be awarded; form thereof, • 191
Doty of sheriff on su^h writ; forji of the return of, - ib.
When outlawry complete, ----- ib.
Act continued for eight years from 14th April, 1821, and from
thence to the end of the then nest onsoing aeeskin, • 279
OXFORD, COUNTY OF
Formed, - - - • - - ,
Certain townships added thereto, . . •
OXFORD, TOWNSHIP OF, (in the Distxiot or Jobws»ow».)
Act to provide for the snn-ey of a part thereof*
PARISH AND TOWN OFFICERS.
Their appointment and duties, . ' - *
{See Lheir different heade.)
PARLIAMENT. , , , ,, . ^
Courts required to take judicial notice of all pnrate acts,
{See AcU.)
PA RT NE R
One may be sued separately, if the other not within the Jnrisdlc-
tiou of the court, ------ 207
{Sse O^fUgor and Contractor.)
99
870
609
649
406
PATENT RIGHTS.
For useful inventions may be itsned,
{Sie Rzictiffe, Jumee; and^Homor, ThotMt.)
PEDLARS.
{See Hiwkers md Pfrf/ort.)
PENALTIES.
{See Fines and ForfeUure$.)
PENSION, MILITI.4, AGENT FOR
Hm duties to be performed in future hy the receiver fenwil, 409
PENSIONS. . ^
To be paid by the widows and ch'ldren of officers, non-eommi«-
sioned oflisers, and militia-men, killed in actual service, ITS
Certain clauses of this and former act* repealed, - - 174
Nothiiie herein to prevent the payment of pensions heretofore al-
lowed, - - - " . ■ ' ' '?*
How annuities to be paid; may be paid in advance, «<x., - «»•
66lh Geo. Ill, c 17, recited, and several acts repelled, • Z'i
All pensions to cease which are not authorized by 33d Geo. Ill,
c 4, p. 178. - - - - .-, :. "u *•
E.xception» of such pensions ns are now paid to widowa whose
husbands died in captivity with the enemy, - . " . 1.
All applications to be placed on the pension Fist, to be made with-
in twelve. months from the passing of this act, " , . " *'*
Inspectors of militia pensioners to be appointed, two of whom.are
to attend in each district, for the purpose of examining all sucJi
as claim pensioas, on the ground of incapacity for hard »^^* "•
Periods of visitation, and places at which the inspectors are 10
attend, and notice of their sittings, - - _^^,' u_-
Nominal list of pensioners to be furnished to the inspectors oy ^^
Iniptctort may'exami«'ceach"pcnsioi.cr no J«f ^Jv " *^ Jjf ^^
cSmstancesof hi, wounds, ini«'y^*•: 5"Vcert??cate t" ihS
entitled to a pension, they are to gire bim a certificate to in^t ^^
Inf«V;rfadiff;rence;fopini;o.ri.iagb^^^^^^^^
the same with the pension agent, • - »•
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lWt>t;X TO TUB UWBR OAlTAdA S«AT9TM.
P^rtmik Imported br fhtm iMftthe iBea|McKftf«d tball i«e«ff«
only the amart <Me to thijife, and be ttnick off tke Htt,
Penona maj appeal lirom the decition of the inepectore to tk%
aaedicU bnanf at York; their dntiet therein; fee lo the seere-
Page.
878
tary, .--.--• ib.
After the inepecton hare made their report, no peneion shall be
paid to any person, who ought to have presented himeeif for
examination, unless he has done so, and been admitted by the
inspectors; or until sneh pensioner shall have obtained the eer-
tificatc of the roedicel liosr.d at their sittin^ii, • • ib.
If pent f»n remains suspended for tiro years, all arrears from the
time of suspeneion to cease, and the pensicts, if reetored, shall
be paid only from the time of restitution, ^ - - 878
Bcmuoeration to the inspectors, - - ' - - ib.
False swearini^ in any matter under this act declared perjury, 878
The duties of pension agent now transferred to the receiver ge-
neral, --.-.-. 407-8
Pensions to be paid everr six months in adrance, • - 878
Notice to be given inthe'Yofk Gazette of the time of such pay-
mt-nts, - - - - - - - • ib.
Persons not claiming within two years, to forfeit all arrears, (with
some exceptions); pensions to be paid without deduction, ib.
Forms of the aflidiivits required to b« tran«mitted by pensioners, ib.
Persons clairamg hereafter to be placed on the pension list, by
re.ikon of wounds, &c. must appear and be examined by the
medical board, and obtain thoir certificate, - • 874
How monies paid under this act are to he accounted lor, - ib.
By whom oaths required to be taken under this act are to be ad-
ministered, ....... ib.
PeraOBs eerring in the i>rovioeial artillery drivers; colored eorps
employed with the Indians; or the late provinoial marine; to
be deemed militia^nen, • - • ' - - ib.
Affent to render an account, ..... ib.
All pensions for disability by wounds, &c. to be £20 per annum, ib.
None to re ceive peaaions under the laws of this province, who
receive pensions in any other of his Majesty's dominioos, for
wottidtor iajqriee received in service in this province, ib.
List of persons receiving pensions to be published perindically
three times in the Upper Canada Gasette, under the several
e'asses, ....... 40T
Power tn admit applications for pensions in certain cases, - ib.
Receiver general to jMiy pensions hi future, - - 406
"•^^^jbft paid: notice of payment; one or more warrants to issue, ib.
i»5r ^^' ^^*^^9 P- -107, continued for frur years from March,
1880, and to th« end of the then next ensuing sessions of par-
liament, ....... 53g
PENSIONS.
Granted by speriilo aeU of the legislature to the following per-
sons, via: ^' "^
Eev. Robert Addieou, g29
James Giurol, -.,... ggs
laisAbetb Lawe, • - - ' . . . 2S4
Peter Miller, -•-.... g]2
Charlotte Pomeroy, ..>-.. 538
John White, ..---.. g|2
PERJURY.
Falsely swearing under the folUnring heads, dectered peijuy:
In the court of requests, ..... 31
Under the registry acts, - - - - - 64, 2*il
Quakers, Mcnonists, and Tunkers, falsely affirming, - 180, 461
Overseers in accounting for the conpoeitioD moaiaaa - 157, 251
Masters of vessels in tonnage reports, ... 288
Under the pension act, ..... 878
In any proceeding in the court of K. B-, - - - 2d4
The imperial act, 81st Geo. Ill, c 81, or provincial act, 4th Geo.
IV, c 8, . "^ - . 848
Under the provioeial act, 4fh Geo. IV, c 4, for tiring eoatrovert-
ed elections, ...... 846
To a dip'nroa to practise physic, - ■ - • - 488
To the Dundas and Waterloo turnpike company accounts, 606
Under the gaol limits acts, ..... 618
Before the grand jury of the Home diatriet, on the subject of in-
aanepersonsy ....... 684
PERTH, MARKET AT
Establiahed
PHELPS, ESTHER
Act for her relief, under 54th Geo. Ill, e 8;
806
887
PHYFIC AND SURGBRT.
{Set MedicoU Board.)
POtlCR.
fn NiiSS^ «n Yoik, Amheratburgh, and Sandwids 210
Town of Ktnnton, -1^1-1 06 411
Justices of the p»ate in piilice towns to render an aeeoimt aaan-*
ally at the l5«oerai ^ s. of the peace, holden next after the Arst
day of April, of the rwseipt and expenditure of the police tax
levied in their respeetWe police toWns; and to cause the same
Xu |;"'»"»»»«<l immedtauly after the eeesions in which same
shallbe n^vrtd, either by affixing a copy thereof on the door
^f ^ ^Ti""*' "*' ^^ publishing the same, at the expenee
of the district, m any newspaper eireyated therein, - 807
POLL, AT ELECTIONS.
^xce|!SJSl!) '*'*■ "wtathan sixsuoeesMve d*,^ (withoertai.
POMEROY, CHARLOfTB ^
A pension of £20 per aaanm granted, tttil bar yeuanit cliiU
shall be sixteen years of age, * * * SI
POOR LAWS OF ENGLAND.
N«t adrafled in U|M»er Canada, . . . ^
• Such proportion of aH fines, diatributed by the laws of EsM
to tne poor, shall be paid to the treasurers of the serenldii. t
tricts, for the purposes of such diatricts, - - • fit
PORK.
{See Sttf and Park; IntpecUn^s,)
PORT HOPE HARBOR AND WHARF COMPANY.
Incorporated as a joint stock, . ' ' • 0t
Cofp»rate name; may have a common seal, j^
May hold and dispose of real estate, but not te eany on tlM bui*
ness of banking, > - . - - • ft,
The company empowered to eonstmct a haiber at Port Hope, H.
To build piers, moles, wharves, &c. • - - H.
Provisions for eoropeneating the owners of land for propertjtt*
ken, damages done, &c. ; to be by arbitration, jk
How snch arbitrators shall be chosen; award anjbe Mt uidc
by court of K. B. for legal cause, - - - • tf
Tofl« to be exacted; table of such tolls, . . . ^
Harb«»r and tt»lls vested in the company, - • • ft.
Mode of compelling payment of tolls, - • • ti.
Seven directors to be chosen; time and manner of saelieketiM, ib.
Notice to be given of the day of election ; voting tn be bjrbiQai, 47-8
President how choaen; how vacancies to besopplied, 48
Regulations as to the hmhIc of voting, - • ft.
Corporation not to be dissolved for failure to choesediRdmai
the day appointed; provision in such case, b.
Difvcton may OMike by4awa, and mam^e the affiyn of tbs em-
pan^, - - - ..... ft.
Appomt clerks and servants, and limit their salsries, ke. ik
First election <if direetora; no meeting tobekeld saleMilMfB
ehall be taken In the amount of £8^00: capital liaited ts
iB7,e08, - - V^ I ^ . . ik
To he held ta sharea not to exceed six huodrvd, st £12 lAksul, ik
Shares mav be transferred ; tkow iastalmeats sbslt be eaJkd u, ib.
Shares tn be forfeited on non-naynkent of invtahirBti, ^
Regnlations respecting the aale of forfeited Umn», >^
Dividaode of profits to be made annually, - - • ik
Accounts to be exhibited annually; and books iohe opeetotht
inspection of any stockholder, on f eqoeft, f
Act declared a public act, • * ' * * ^
(he
kc
After fifty years, his Majesty may
Conditions of such assumption, - . . . .-
How the tolls shall be appropriated, in case bis Bfiyeftj ihdl a-
eame the harbor. ..--»•
Harbor to be cnmroenced in one year, and finiiktd in icfso jten
6mm 80ih Marah, 1888, - ' • - * '^
POT AND PEARL ASHES. „
Inspectors of, to ba appointed; their oath, duties, sad iifli. »
FOUNBAfiS Fsee. ^
May be levied by the sberii; oa axecntioat, ^
POUND KEEPERS.
To be choeea annually In town meetiw, \ \- f
To be sworn into oifice; penalty for reTasin; toad tnervUm, »
Their duties lo impound cattle, &c. runniag at Isiie, aid ittjw
horses, if more than a year old, until the fini « twtvtjm-
lings in paid, ... . - ' ' a
JnsUces in special sessions may nominate in calf of nfsnltsMt, A.
And exact th^ fine for such refusal br distress, if oecesaiy, *
To impound horses, cattle, aheep, or swine, found t««P*«j«'
"k « o damage done meA f«M be paid; fees to be itgJatedb;
the Q. S.,. . ... . »•••
To feed the same, and be eatiUed to receive Mcka*'*"**,-
therefor as mav be fixed by the jentices in Q. &, . • *"
Witbm forty-eight hours after distress shall hare beta »DpoB>»;
ed, to cause a notice thereof, in writioe, to be afinwl"*'**
(^ the moat frequented and conspi toons plscri of ibe t«v»
ship; giving therein a description of tnch dt«tres«,s»l i)>cei-
fring when and where the same are intended lo beiftM-aw «
the owner, or some person on his behalf, shall Dotwitbio//»M
days after such notices shall hare been loaflixed, redeem tin
eeme, by paying the charges of the pound keeper, and faruf
or tenderii^ the damages or peaalty, if aay, st the pUee when
the pound is kept, the pouna keeper mar eaose laeh difUtu
to be sold ; and after deducting his o wn eh«rge«, to paj the <hr
mages or penalty to the party entitled thereto, asd returatM
surplus, i^ any, to the owner, - •„_^. * J*"^
If the owner shall not appear, or, if appenrins, than dtapnte to«
amount of damages claimed, the pound k««P«^^^'l.^^V'i.!
justice of the peace, who is to summon three freehokIer»,wM
swon, to assess the damages: their decision, or the aajai?
of them, to be final and conclusive as to such damages. •
The owner** right of action reserved, nader certsia ««»»• .^
tions, - - - - • " .'
BSa^tratea in police towna to make reguhtioas asto svw w ^
ning at large, • - - • ' ^ -a
May be appointed by the q. 8. hi oase of death or reaorii, »» ^
when no town meeting held, • ' ' ' ii
And exact the fine for neglect or refusal to act, * ^ 0
Number to be appointed not to exceed six for e^'fJITSU
No distress to be impounded out of the to^^WrTiS-J 1*
to the poand aaanet to when the dittressM N^O^v
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Pjge.
POWELL. W. D.
£1,03 J f^ranted tn blm, at a remuneration far Bcrvlcei rendered
aa a cnmraiksioner for a^ccrUining titles to lands, * ]05
POWELL, CRAVT
Act t ) rvrauncr tie him fir certain scr^icet, • • 2S4
PRACTICE IN KING'S BENCH AND DISTRICT COURT. ^
(6'.e thote Titles.)
PRESBYTERIANS.
Congregation at York authorized to parchaso land for the erec-
tioa of a church, aid f. r a burial ground, . • 8SS
Of Vaaghan, iiuy h->ld in .nut certain lands, to be conveyed to
them iff Jattes Miles, esqaire, ... - . 331
PRESCOTT, COUNTY OF
Formed, .--.-.. 81
Excepted from the provisions fjr parish and tcivn cHicers, 53d
Ge.^ Ill, c9, 175
To form part of the OtUwa district, * - - 190
PRINCE EDWARD, COUNTY OP
For mci, (8fe Prod sm Uion. \i.2'y,) • * - 82
Act fi»r the better divisijui of ihc county into townships; a to\ri:-
ship set off fn m the southerctnost parts uf M.tr} sburgh and So- '
phius burgh, - - - - - - 76 J
Act to erect the s»td county into a separate district, - 652 ;
PRINTING OF THE PROVINCIAL STATUTES.
Act providing for the expense of, - - - • 865 I
PRISONERS. I
(&># Debion.) \
PROBATE AND SURROGATE COURTS. I
Cnnst.tJticn and jurisd.ction of, - - - . 42 i
When probate of irill and letters of administration granted by '
the court of pr.tbate only. . . . . 43 I
Seal ( f the court; a description thereof to be sent to the secreta* |
ry's office, ------- ib. ,
Form of thv oaths to be taken by the rflicers of the crurt, ib. i
Every will, &c to bo kepi as recorded in c< urt, and a transcr'pt
theret f, under the seal (f the court, to be held sufficient pro- I
bate, ------- ib. I
Circumstances required to render nuncupative wills va'id, ib. '
Period within which such wills must be proved; mciisnre* to be
taken previou< to the granting the nmhate of such wills, ib.
Proof tu be adduced of the demise of the intestate, - ib.
Steps to tie taken in granting ai ministration to persons not next
of kin, --.--.. 44
When temporary administration maybe granted; form of bonds, ib.
Distributiou of the proceeds of the estate of the intestate, ib
Adm'nistramri to give security. - - - - 45
Pnices:* of the court, in cases of contempt or disobedience, ib.
Attachment may be itt^ued, ..... ib
Terms on which administrction shall be granted with will an-
nexed. ----..- ib.
Form of the bond in such case; its effect, ... ib.
When an appeal lies from the surrogate to the court of probate, ib.
Terms of sitting; table of fees, .... 4Q
{See Guardians )
PROCESS,
From any court mnv be served by any literate person; but nnne
other than shrriffsf, or those employed by them, to be entitled
to any compensation for the service of process directed to the
sheri^, --.,-.- 278
In criminal prosecution to outlawry, what, - . 184
PROMISSOR-f NOTES AND PROTEST.
(See Bitli of Eichanst.)
PROVINCE.
.\cts for the better division of, into counties.
£1,103
1,260
6
0
1,090
0
2,tOJ
0
9.201
2
5,815
5
18,793
5
Z»\\
0
8,3 0
0
4,470
0
8.720
0
3,973
14
3,W)
0
7.470
0
2,0UO
0
6,500
0
0 -
'•ft
0 »
ib.
0 -
lb.
0 .
. 20t
2i -
211
0 -
2s»
0 (sterling,)
ib.
0 .
285
0 -
$10
0 .
S2I
0 -
884
\Q\ -
428
o' -
ib.
0 -
462
0 -
474
0 -
m
For expenses previous to 1801, £1,103
ForlWI, - .
Annually,
1816, annually.
For 1817,
1819,
Frr ceria n purnnsest
For 1821,
1822, .
18^3, • -
1324, -
1»23, -
1826, -
1827,
1828,
1831, annually,
(fe^ Tie reference of the sum appropriated by thapitrZf^ p.
423, for the year 1*26, i* omitted: tt tfiouid bt £8370 fitr-
ting.)
QUAKERS,
Menonists. and Tankers, between sixteen and sixty remrs <*f *Kt*
exempt \'T.m serving in the militia,. on payment of twenty snil-
ling!« anr.uit iy. in time of peace, and five pounds in tiasecf in-
VBi»ifn or insurrection, ..... ]8S
To be levied by distress, - ... - 1^
To return ihrir names und residence to the treasurer of the dia-
tricl in whiCh thty r«^8ide, by the first day of December, annn*
aliy. ... - . - . 185
Afttr fifty years of aye, in time rf peace, exempt, - - 18B
Oveq>lns to be placed to their credit, on arcrunt of future fines, 108
Conntalile to levy uh near um possible the amrunt rf the fine ard
ci sts. and to discontinue thes;Ue when sufficient tu satisfy the
claim is Kold, .--.-. \^
To return \\\2 residue, under the penalty of double costs, ib.
Fires to be paid to the treasurer < f the'dlstrict, - - ib.
Treasurer bound to prosecute and receive the same, • ib.
No sale to take place without eight days* notice, - - ib.
If no distress, to be committed to the common gaol, not exceed-
ing six calendar months, - ... - jh.
Mav' moke affirmation in all civil CRses, ... lHo
Do. ■ in criminal cvses, , - - - 481
To h ive the same effect as if on oath, - - * -^ '^
False affirming made perjury, . . ^ . 150,4)1
Cannot serve as a juror in crirr'.nal cases, ... ib. ib.
QUARTER SKSPIONS.
Time and place of holdinT, in the Eastern district, 40, fO, 22
' • -• '• • -' . 40,08, 21, 187
40, 91, 886
Kt place
In the Midland district.
In tbe Home district,
Nia>.;ara district.
Western district,
I.,ond.-m district,
•lohnstown di«trict,
Bat1uir>t district,
Ottawa distr ct.
91, 187. 516
• 28,91
91, 100, 412
92, 190, 216
214
480
lie.
81,190,269,350,412,632
PROVINCIAL AGENT.
Act t-» appoint one, for the proTinc*, to Eneland, • - 206
£157 10s. i^ranted. to li^ p.iid to the a»cnt for nrncurins^ plans
and elevations of btnldins* t^ be erected f.»r the Uic of the le-
gishture, • - ' - - - - - 2.V)
Act 66th Ger). in, c3>,p20G, repealed, - • - 308
PROVINCIAL CURRE.VCY.
Made unjf.irm, ...... 281 |
PROVINCIAL .\GREEMENT.
Governor miv appoint comraissloncrs as often a« required, to
meet those of L:»wcr Canada on t'le sn'ijcct of duties, - 78
Their a?recrae» t not valid until confirmed by the lesi^lature, 74
{See imperiH art. 3d Geo. IV, c 119, p 603-7-3-9; aad 7lh
GeolV,c43, pG40.)
PUBLIC BUILDINGS.
Monies j^r.anled toward the erection of, &c. - - 254
Do. for procuring plans aad elevations of, - - 255
PUBLIC DEBT.
Acts authorizing loans in England for tbe payment of the,
PUBLIC SERVICE.
Aj^propriations for the support cf, and for the administration of
justice, vis.:
I
473,633 1
89
Justices in Q. S. may mahc rules and reftulaticns for the gaols,
which, when .npproveil ol by a judge of K. B. to be in force, 24
To fix the aalury of tbe gaoler, which is to be in lieu of all fees, ib.
'J*o appoint the hi^h constable and tither constables, - 27
To regulate pound kei-per^ fees, - . - - 64
And their charges for (ceding animals impounded, ^ - 102
The duties of the sessirns in issuing certificates to mm'sters of
the church of Scotland, auibc'rizing them to soleftimze natri-
n««ny, - - - ^ *..',*., **
powers of, in cases of appeal by owners of stills, against the in-
spectors, - -. - - ." * " n?
May award cost* therein, -. ' . " J *
To nominate parish and town officers in cases where no town
meetnu held, - • . - -. " . * , ,, ^**
And silsT wheie any ■fficcrs, appomttd at the town meeting, shall
die. or remove from the tr.wn.Nhip, - - .
Mav fine person* for neglecting or rcfnsing to act, after notice
given ( f such nnraination, which is to be given by the clerk of
the peace, - - - / - , •, ■ '
To . ppnint tsurveyors of highways in the April sessions; one or
more in eich countv: wJnare t") Oe sw.»rn, ^- - ^
May direct the emplnymcnt of a surveyor of lanas, if neecIfuT;
nnJ order hi'n a remunuraticm of ten sh.llings psr diem, from
the district funds, -----•.
Mav order the treasurer to pay surveyors of highways seven shil-
lings and six pence per diem, for services.
Except in cases where a road applied fir, is not confirmed by the
sessi'^ns; when thi> applicants therefor are to pay the expantee
of stich surveyors, .---..;
May under certain nrcunstances direct the payment of m'*nift
fr.im the district funds low.iriIs any particular public work on
the b-ehwayit, when deemed expedient, (not toexcced the sum
of £50 at any one time;) m'Kle of pr *ceeding therein,
C-»u:i of, declared to be, instead of sheriff'*s county courts in Eng-
land, a* far as respects outlawry, ... - tS
If a y district is invaded, and it 'is from that or any other cansf,
foiin I impracticable to hold the sesnions at tbe place designn-
ted by law, the justicis, at a special aesf.inns to be called by the
chairnian, may i^sue their precept to the sherilT, to snmmy
jurors t^ such plnce therein, as ihey may deem roost convenient
to hold ih:* s:»id court, - - - - . 187
The place of sitting for the Midland district not to be altered
hereby, ----.-• ib.
Duty of the sessions, in cases of proving the execution of deeds,
&c. where the witnesses tl^ereto v$ de«d. - - Sj^
ib.
ib.
162
154
ib.
m
I
1
157
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VJ^
bnmx ^^ THt Vmk Caitajda St^TMtti,
Par*.
I ni^pUIj «oltmBis!«gmatrimoay, deetartd ti) be ntllj Af
a iDitdtmtaiiais ineb oAncc, boweTcr, not cogais;4ble by tba
qasrUr MSsicNM, . . ^ . . . 2B0
PsUm of^ in appoiatlnf th« ioip«cU»r of weicbU tad mMtarct, 8'J6
Dati«t of, uaddr the mirri^ge act, Itt Wil. iV, e 4, (IdSI,) 647
To auiiA liaiiti lo tba •aF«rai ga^i of tba province, • 6J2
Of tbe Midlaad i|i«triet, aiay pretaal tbe CAUraqui bridge, if out
ofrtpftir, - 449
Iin|i«« tbcftof tu ba ffiTaa, and proceediogt tberai^pao, ib.
Afcar Itt Mireb, 18^ at tba meeting of the Hens ions next prece*
diqg 5tb Jaioary aoaoally, to adjourn the fteMioo« to ibat day,
(or tba Moadiij after, if a Bnnday,) ftirthe purpose of granting
tavam licaaaet, ...... 877,516
Cb-iiMtar of tbaapalicaat to be inqairi-d into, and if satisfiictorr
to tba ja«ticca, toe chairman to grant certificatea under hie
band aad teal; which ahUI enable the party holding then to
taka oat licenae on or befnre the 5th January then next ensu*
iog the date th«ref>f, on payneiit to the inspector of the amount
oTdatiee impoaed by law <>o the tame, > 224
May gmat eartiileate at any other Q. S. in like manner, • ib.
MagiaCfaNa, at tbe time nf granting such certificate, to make
■adfiMae rales aod rego'ations for the conduct of tavern keep-
ava» which they*haU be bound by their recognisance to abide
bys a aopy nf which, for the inrurmation of traveUert, to be
uad ap conspicoontly in erery house to Ucentad, - ib.
BAl^UrFE. JAMBS
Aat for bit relief, in reference to hit cUim for a patent right, 460
lUINSAM, TOWKSHTP O?
Added to tbe county of Haldiiaaad, - 412
KAltV.
{8t$ aTieqi.)
AANDAL, ROBERT, ESQ.
Appointed a aommiationeroo tba WcUaiid caaal, - • 619
To raeeiTe toch ramaoeration fur bit tanrieea at the HeaUnaat
forar&nr »ay daam raaaonaUe, .... 520
IbiTEB.
(SM.it«Cf««eiilt.)
[VER GENERAL.
ty retain three per cent, on moaiat receired by b!m for liceo-
set, -----.-- 67
Ta pay tbe appropriation monies for common tcboolt to tbe tr^a-
larert of each dittrict, ..... 203
Ta ba allowed a reatonable remuneration for hit trouble in re.
cairiog tba moaiet to ba raited by debenture for the Burlington
bay canal, 819
Kot (o ba entitled to poundage on the moniet raited for that pur-
•oea» ....... 621
Ta be allowed a reatonable remuneration for all monies raised by
debaatore for tbe payment of tbe arreart of militia pentions, 276
Hit datiet tbareio, ...... jb.
To laeaiTa tba aam of i:i50 orer and abore hit actual expentet.
*^:
to iiau of ponndaga* for bit trouble in nagottating loant in £og-
ibiic debt of the province.
land for the payment of tbe public debt of the province.
Act repealing tbe lawt now in force granting poundage to tbat
car; and to provide a talary for, In future.
O01.
684
678
1ttoCK;KIZANCES.
To be entered into by innkeepers, ....
If broken, nsav be estreated; form of proceeding therein.
To be entered in%«vky registers of counties; to be transmitted to
tbe court of K. B. .
Of bail before coram iesioners, authArizea, ... 2^
JSotarcd before judget of assise, made valid, . . jb.
^lilDQISTER OFFICES, Af^D REGISTERS.
To be ettablitbed in each county, - . . . q|
Ai^ointinent of the regittrar, who may perform the dutiet of
more than one office, - • . . . jb
A memorial of deedt, conveyancet, and wills, afTectinx any
lands held by grant from tbe crown, under seal of the province.
may be registered, - - - ib.
Sobtrquent deeds and conveyances of lands, tenements, &c. com-
prised in such memorial to registered, to be held fraudulent
and void, (with some exceptions thereto.) . . Jb.
Notice to be given, when the office of register becomes vacant,
to the ^[ovemor, Ac. by the justices in Q. S., - . 62
Term limited for filling uj) such vacancy, . . ih.
memorial to be put in wntinr and brourht to the office, - ib-
tJhth to be adroinittere d, and witnettes necessary in regittering
every memorial; particulars to he inserted therein, - ib.
TAa deed, conveyance, or will, to lie produced to tbe register or
bit deputy, who thall indone a circumstantial certificate
thereon.
Such certificate to b« eyidence of registry.
Books of entries to be kept by the registrars; who arc 'to be
twom, -•.
form of the oath; the tame oath to betaken by the deputiet,
Recogntwmce to be entered Into by each r.^eistrar.
The tame to be tnnsroittcd to the coun of K. B.,
jE4mltation of actiont under snch recognizance.
Office honrt fnr the detpatch of business in every register office,
averyday in the year, (except Sundays, the first week in June,
the Infll week in December, and the week of the Holy Passion,
in every year,) between the hours of nine o'clock in tbe fora-
Boon andrnne O'clock in tbe afternoon,
and fact, ......
Paniebment for aaglaet of duty, or fraadalaat pncdcaa af f«.
gistrart or their deputiet, . - - - ' B
Provision relative toleatet, •* . • • - ib
Several writingt reluting to one fact may be Boaiprieed ia can
memorial and ragittry, .... - ib.
A memorial may be regittered of deeds, convayascca, and wiMt,
axacntad out of tba cooaty wb;:f«ia tbe hadM, he, Kaj «■ dm
proof, ...... - M
Paint and panaltiaa of forgery and peijnry impntcd, - ^
Provisioot fifr the registrv ofwills; and in favor of dcWaeae, iL
Aet daelared to be a pu >ne art, . . . • j^
Forms of certificatev for regittry; nad of tbe eartiicala of mart-
gaga money being paid, ..... §n
Any member of the house of attemblyaoaeptiag Iba oCca ai f
gitter, to yarate bis teat ; but may ba reelected, - 8
Instrumentt charging landt under the hear and deviera acta, aaay
be regittered, ..... 'IIS
Prnyttiont where deedt, Ac. In the dittrict of Niagara bave baea
lost, »
Memorial to be made of any deed, enoreyance, orwall,asecaled
in Great Britaiin, Ireland, or any Britiah colony, « 2SI
How tuch memcrial shall be received, proved, aad aoferad, ib
Certificate of the registry thereof, .... ft.
Provision for the registry of deedt, &c- when tba witacaact
thereto are dead, • • - > • - ib
How proof of surh catet shall be received, - - tb.
False swearing therein declared perjury, - - - tb.
Certificate of tbe mayor or chief maxietfata of any eity, baiiagb,
or town corporate, required bv tbit act; not to lie avidonoe
with* ttt tbe teal of such city, Ac. be thereto affixed, - a».
Their duties under the natumlisition act, • • > f9
la the county of Northumbarbnd, aet to confiim oettnaa catriet
tbereiu, -..--- -493
RELIGIOUS SOCIETIES.
Act for tbe relief of, by whieh eaitnin aoeietiee bii^^ bold hmik
by trustees, fur the uses thereof in perpatnal naceaanion; bo
one coagregatian to hold mare than five nerea, • - -tSI
Trust deeds to be registered, and conveyances barctofore ande
for the purpotat oontemplated by tbit net, aaade valid; wbaa
regittered, --...-- ib.
REPORTER.
Of the cases adjudged in the court of K. B. ta bn appaiatad bj
the governor, Ac , ...... SIS
Reports to be examined aod signed in tvf^n onoft by aUthe jodgaa
present, and fmm thenee to be authentic, - - ib.
Reporter to be a member of tbe law society, • - ib.
May sell the repot ts for his own benefit, and receive a ulary not
to exceed £100 auoiially, - • . - - - jk
REPRESENTATION.
{Sft AM$tmbly, Hou$€ ^fs and flecftoi.)
REQUESTS, COURT OF
{Set Court qflUqm$i$.)
RESERVES, CROWN AND CLERGY
l^ttaat of, Kahle to ba astaaeed, . • . . 2|g
No greater interest to be trantferred. wbanaald UrmnmntiUM'
et,. than potsetted by the letsaet, - • - SS9
RETURNING OFFICERS.
In what manner they thall be apnointad, ... 47
Shall not be compelled to terve lor any loogar term tban oac year, ib
Continuation of this act, . - 89, U8, 171, 10^^57, »0
(Set hnperiat Acts.)
RIDEAU CANAL.
Act authorizing the cnnttmetion of, by his Majaity, • 4S8
Authority given to explore the route of tbe inlanded caiia), ib.
To ascertain what lands it may be necessary to occupj, - ib.
To carry away earth, stone, Ac. and erect bridges, . ib.
To alter the route of the canal if neceatary, • - ik
General powers to do what may be necessary f^ir making aad pre-
serving the canal, • . . ... 433
Officer superintending, may contract for the sarrendertobia Ma.
jesty of any lands required, . . . . ^
How the lands of ferames covertet, infaatt, Ac, any ba tnasfar-
red, ........ ib.
Comnnsition may be made by contract for damages, - ib.
Landt ascertained and set out at reqniivd for tbe caaal, to be
vetted in his Majesty, - - . • . ib.
If leeompense be not made by voluntary agreement, for hu»da ta-
ken, or for damages done, an arbitration may be had after tbe
completion nf the canal, ..... ib.
Three arbitrators to be chosen; tbe evidence, and their awajd, ib
If either party dissatisfied with the award, a jury may be aam-
moned, . - - . _., ft.
Expenses of, how defrayed; notice of requiring an atteasmeat by
}^ry, -^ ib.
Not less than thirty days from tbe service of tbe notice, - ib.
Jury to he struck at the sherilTs office, . . . ib.
Jury of whom composed, and how selected, - - 4i\
Seven iurors In be summoned, - ' > ^ ^
Sherifi'to attend with the jury on the premitet, and take tbe ver-
dict. - - . - . . . ib.
Five ;urort to be nworn to try; form of the oath, - - ib
verdict to be by the majority, .... ib.
In ettimatingthecom|)entation, theadvantaget of tbe ctoal to be
considered; restriction therein, . - . . ib
Charges of the sherifT and jury by whom paid, - - ib
Bridget to ba built acrott bigbwayi iatenactad, - ib
Digitized by v:jOOQIC
JaSBX TO TVS Upfkb Cahapa Statbtss.
m
Pttnitluittat of milieioot iai»ehi«f tr> tbe eaaal at Mhtr irorkt, fte. 484
Ob«tnictioDt in the canal, hnw to be rerenTeJ, - • ib.
Pniiehment for obatnistinj^ th^ canaJ* or throwing mbbith, &e.
therein, ..----. jb.
Hoir b.iote and niftf place J ■:> aa to ob«tni3t the iiivi;(.ition of the
eaa il are to be removed, .... jb.
Boate sod ca^* "H^y ^ delaioed until the ^xpentee paid, 435
B.mt« or voMeU tuik in the canal may be dr4wn op by the offi-
cer, Uc. ID elurge, and detaine J until the ehir^ it |>ai'J, ib.
Permission to ute the cand ri)r certain pnrprmes frith:mt paying
toll; rettnctions as to the locks, a id excvptioas thereto, ib.
Ptoirar rivta in case of aecideits to the can^l, to eater on adja-
onat lands, nod take nnierials ftir re|i|nirji, &c. ib.
Coni|»easation to the ofrnera uf Innds in sujh oases; how to be
ailjnsied, - ib.
Spjiees miy be made for bnts, &c. tn lie or turn in, - ib
Regnlations may be male for boats, its, passing eash other, &c-, ib.
TcMmaicn r.f b:iata. how ascertained, . ib.
Rinde to be used fttr cnnreying gtoJs to and from the canal, ib
AU persons may use the canal an.l towing paths, paying the tolls.
How payment of tnlls may be enforce J, * - - - ib.
OAbaeee agAinst this aet huw pa:iished, and fines levied, • ih.
Imprisonment thereon; apprnpriation of penalties. - ib.
Powen extended tn all persons em:>lnyed by his Majesty, ib.
Tn extend also to the improvement of the lakes and rivers alonjr
the course of the caaaC ..... ji,
Ai to the improvement of the riven Tny and Oeodwood, 557
Preceetion in ease of actions brought, 496
Lkaitmtiou of suits to six months; the geaenl issue may be
pleaded, - -^ ib.
Aet deebred to be a puMic aei, . . . 437
£330 granted to pncure a nap of the Bidtnu eaaal, (500 copies,) 474
RIVER AVX RAISIN.
Graolfortheimprovemeatof^ .... 5^9
«0A1>,
fVon Richmond, on the Ottawa, to Kingflton: Act granting £300
for the improvement of, - • - . . 235
ROAD,
From the river Ant Perches, on lake Huron, in the Western dis-
trict, to the township of Townsend, in the London district:
Grant for op jntug, - • • - . . 541
ROADS AND BRIDGES.
Omat of £1,200 towards the renain of eerUia r.iads, Stc.
GcoenI appropriation of, in 1S30, - . . ,
l>o. do. 18M. ....
The Vhexpended monies of 1839 authorised tn be laid out,
Apprnpriations at different times towards the improvameats
mads and bridges, by the legielatnre, vis :
Id 1804, - * . ' '" - -
1808,
1809, .
181ft, .
1811, .
1814, .
1816. -
1^16, .
•* • •
1818, .
1821, .
18M,
1827,
1880, «
« . -
1881, .
ROBINSON, PETER
Act granting him a remuneration for certain services,
£1.0(10
0
0
1,600
0
0
1,600
0
0
2009
0
0
8,4fi0
0
0
6,000
0
0
ao,iioo
0
0
618
12
6
2i/m
0
0
760
0
0
800
0
0
1,200
0
0
100
0
0
18,660
0
•
1,188
9
8
80,000
0
0
76
8
1
427
62^
674
680
110
133
152
1,59
165
177
182
202
235
427
462
62.5
680
676
692
284
ROMAN CATHOLIC CONGREG.\TION AT TORK.
Certain trustees thereof holding land therein, may sell the «ame,
and purchase other lands for the like purposes, - 287
RUSfilELL, COUNTY OF
Formed, --.-... gj
With the countj of Prescott to form the district of Ottawa, 190
SAILORS.
Actually emplcjed in ths line of their calling, exempted from
•enring in the militia, 186
SALARIES.
To be allowed tn gaolers, in lien of all fees, - • 84
Of tbe clerks of the legislative council and house of assembly,
increased, ---.--. J39
Of the officers of, increased, .... 21)2
Salary of the adjnUnt general of militia fixed at £S65perannum, 816
SeUry of the assistant adjutant general fixed at £200 per annum, 885
SALMON.
No persoa to fish by torch or fire light in any creek within one
hundred yards of any mill or mill datu, •* - • 279, 180
No salmon or salmon fry to be taken in the Home, Newcastle, or
Gore district, within a certain distance frum the month 7»f any
creek, &e., .-.--.. 230
Ho salmon or salmon fry to be taken hj setting any net or wear
in nuy of the rivers, «c. of said districts, - - jb.
Penalties for breach, • - - • ib.|
Distribntioa of finest - . - • 90
Exception as to part of district of Gore, - - • ih.
Indians n:»t KstrAined, except as to fishing by torch light near
mills, &c., ....... lb.
PentrMis prohibited Crom catching salmon, &e in any manner
whits:iever, between 10th November and 1st January, in each
year, --..... 828
The proi isions of 2d Geo. I V, c 10, p. 280, extended to the wholt
of the river Trent, • - - ' * - - iK
Penalty f >r buying sslmtn of Indians, within the prohibited periods, tt3
Distribution of pensAlties, ..... ^
S.\LT.
Duties anting from the imp^rtition of, frmi tbe U. S. to be ap-
plie:l to payment of loan pr!>posed to be raised to out war losses, 686
So much of 4th Gen. IV, c 1, as imprscs a duty of sjx pence per
bushel on salt imported from the u . S. contmncd, • ih.
SALTFLEET, TOWNSHIP 07
Act to provide for settling bv arbitration certain diflleulties ht*
tween persons owning land in eighth eoneession of, and pcr>
sons owning, Slc. la.nds in first concession of Binbrook, 656
SANDWICH.
Ptdice regulations to be cstablisaei in, ... 210-11
SCHOOLS, COMMON
Pr.ivision fi>r support of, • • • - • SOS-7
Inhabitants of a'ly town, township, &o. to meet, to make arrange-
menu ftreommrm schools, .... 207
'When a compt:t«*n: number of persons uniie and build a seh'jol
h-Nise, furnish twenty scholars, and in part provide for payment
of a teicher, sueh persons givin;^ eight days' nt»ttce, to meet
and appoint three fit persons trustees, whj have power to ap-
points teacher of satd common school, ... ih.
N > ners in to be app:)inled a teacher unless be be a subject of his
Majesty, and tske the oath of allegiance, • ih.
Trustees hive p iwer to remove teacher for any impropriety of
eondu t, aid may app'tint aTiother, ... |b.
No teacher t) be rem.ived ualess the board of education sanction
the r«m?>val, .----- Ib.
Trustees have power t ) make rules for the government of the
sch lols, .-.-..- Jb.
Trustees to report to the board of edusation the books used in
the Slid seho>ls, onse in three months, . - - ib.
B.iard r*f education may order said books not to be used, and rt-
seind nil s, if deemed ex{>edteDt, ... 208
Snbseriben may be sued f..r their suhseriptions, * - ib.
Trustees once n year to report to the biiard of education tht
etate of the schools, &e. in order th:it the biiard may report to
the governor, k,c. that the same may be laid before the legis-
lature, .,.-.-• ih.
Governor, &c. to appoint not more than five persons to compote
ab.iard of educaUon in each district; thr^e to be a qnorumi
Who have power to superintend sueh schools, and report anna-
nUy to the governor, ^c, . . - . - ih*
District treasurer to iwy teacher, on production of a certifionto
signed by the trustees, .... * ih.
Board of education have fall power to pr-tportioa the money for
the schools, and to send to tue treasurer a cupv thereof, ih.
No allowance to any common school to exseed £25 a yenr, ib.
No allowance to a. teacher unless the tm»tees report to the bourd
of education, ...... ih.
When two adjoining districts eompose such school, the tnuit^cs
have power to make the necessary returns, &c. - - ih.
The several sums granted, to be paid bv the receiver general to
the treasurer of each district, in discnaiige o( werrauts issued
by the governor, -...-- 209
How accounted for, --..-- Ifr-
Duties of the trustees of common schools in the selection of f^ ^^
scholars who are to be educated rratis In each distriot sc^^^l* **^
Continuation of 66th Geo. Ill, cW, with somr e.\cep» •"«»•» *JJ1
£2,500 to be paid annually, iu aid of commfP »chwis, • ».
Distribution of said sum, " ' .' , * ' ^. »^'
Sums to beequilly divided among the teachers of the respective
districts, - - - «,«',« - - •• nj.
No teacher to receive more than £12 10s per annum, ; W
The board of trustees in cich district may appoint a picric, who
may be paid a sum not cxcMding £9 per unnom, . A.
No wurani to is«ae to any district treasurer ttll the sums herrte-
fore paid have been accounted for, ; - - 262
Disposition of balances in the hands of district treasurers, ib.
How the said granted monies to be paid and accounted for, ib.
District treasurer to he allowed to retain three per cent, on all mo*
nies which may have|>assed through his hands, under the acU
relative to tbe establishment of common schools, • 06
Provided he produce proper voucher^ for the expenditure ef tbe
money, - ■ - ' ' ' • ih.
£250 to be paid annually to the treasurer of the district of Bath-
urst, for the support of common schools, ... 88t
How paid and accounted (or, • - • - ih.
Arrears for support of common schools in Nisgara district daring
182 J, and since, to be paid to the treasurer, on his accounting
for tbe snms received lor the arrears of 1820, according to law, 99S
Trustees havinj; omitted to report, to do so, and treasurers to pay
teachers their salaries, ..... |]y.
Former provisions made permanent, and £160 per annum inaddi-
tien granted fur the eneouragement of common and j^uqday
schools, -,---.. ggi
The money so granted to be at the disposnlof the bo^ of od«fl|pi<-
tioo, for the purchnM of books, - • ih.
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IlTDEX TO TRS 0PFBR CaVADA SVATVTSt.
The bOf»kt to be dlstriboted by tbe ^ncral bmrd to tbe terer&l
district brnrd*, ....-- 8M
Dis rict bnordt at their dtscrotinn, in lirntribute wuch l>onk», &c.
fi r thd Use I'f > unduy srhooU. and remote KCttlementt, - ib.
ThepmvisirDv r>rC<iil4 Geo. lll,c36,aud4ihGcn. IV, c 8, to ex-
ten 1 to th.* Indians, "- - • • • ib.
CertificaU* in such cafee« d'sitcn^ed with, - - . ib.
No tt-Rcher to receive un\ iu4u.cy hcf ic ev am: nation by the dis-
trict board; or a f^crliliL'atc iiora A least one inc^bcV < f sa.d
board, ceriilying hi» uliiiity, - - - • jh.
Monit-s h' w tn be paid ;.nd uccf anted f< r, - ' - ib.
James Atkin8r<n, e»(|uii-c, auJior z«!(l to convey certain red es*
tate, in the tf.\Tnfhi|> <d Kmzsti'ii.to iru»(ce9,'ia jierpetiul sac-
sevv^'^* '^''Cthc |.urpi flf rf a ^c^^r•l, - - , 461
Raid trus'ccs to he Britibh suhjectit . - - jb.
£2C0 granted an-iu. lly f< r the supp« rl cf co.t m'^n schorls in the
district to Ic f« rmc d of the cc unty r.f Prince Edward, - 564
fichiol lot in thf maiket juinre ol the town c.f York, vested in
the trustccB ol the c« mruon achon], ... . 557
SCHOOLS, PUBMC
£S00 to he paid annuMly for the support ''f» , _ - - ^^
One public schorl to be est ihl.nhed in every district, - ib.
£UXj to be paid annuoily to every teacher ol such public
school, ..,..-- ib.
Teachers appinted a'^tcr 12th July, 1319, to have no more than
££,0 per a mum. itnli-s« they hstve more thin ten Ach^lars, 243
Places where the »aid {.ubhc itchoo'.s are to t .: kept m <>jrh respec-
tive district. ( see e tch c'infrict,) - 127. 145, 243, 384, 461
Th^J governor, &c. t > appoint tiustces in every district for s.ud
schools, - - - - - - -127
Tnittres to nonnnate a fit prr.tnn as teacher, and to report their
nomination to the i^vcm r, ucc. who may eilber con^rm or re-
jeet such n >minatitm, - . . . • ib.
1 rustees muy remove u:iy teacher and n.')roinatc another, and re-
port as uforeeaid, - - - • - ib.
Governor, &c. may either approve or disapprove of such last mec-
tioncd nomination, ...... ib.
Tru»tees auihnr.zed t-» make rules and regulations respecting
■aid schoiili, ...... ill
Mode of payroi-nt of the salaries of said tcnchers, • - ib-
Teacherit cxrinpt froiQ scrvini; in the mi!«tla except in time of ae-
tUMl service, ...... 135
Such part ( f 47th Geo. Ill, c G, p 128, as limits its duration, re-
pealed, - - - - - - - Hfi
A district schrn) established in the district rf Gore, - 242
£11)0 per annum appropriated, to pay the salary ( f the teacher, ib
Trustees it bv ap|>o;nled. ..... ih.
Anrual public examinati< ns tn he held in every district schrol, ib.
Annual reports tn be made by the trustees rf district schonlt to
the licuten.mt K^vernor, to' be laid b«'f«Te the lei^islaturei ib
Ten porr children to be c.l . a!fd ;it each schtol gratis, - ib
How such scholars are to be selected, ... ib.
Vac. neicK how filled up, ----- 243
Form of cert.ficute to he C'ven by tnistees, - - ib.
i(ig^Byl2ihd UMf of [m Gio J I J, c 4. rrftrtnce is madt to the
mh davMt of 47th Gfo. III. e G. p. 127. Qucre: should the rt-
f€ fence rot be to tne Cth rhvse?)
A » ublic schorl to be eslab^i^hed in the district of Ottawa, 334
XICU gninted to rav a teacher's *a!ary, ... ib.
baid school to be Kept in Lor^uiel, and to be under the same re-
putations as other public schools, - . - - ib.
iilOO granted annuadv, to pavthe salary of the teacher of the
district scho«i| in the district to be formed of the cnnnty of
Pfi:ice Edward. ----- . 6C3
Said school to be opened in Hallowe'l, an 1 to be under the like
rules as ether district 8ch'>ols, . - - . 554
SHEEP.
Rams not to ran at Urge between 1st September and SDlh Deeeta-
her, m
Penalty for offences against 44th Geo. Ill, c 4, and hcfr disposed
if. - 1®
• li.
How r.ims to be dealt with, if owner not known,
DispoHiiinn of m mey arising fn n$ ^alc t f rams.
No pr-ftcculion unless within cij;lit ttays,
Frneiture* and peualticx h *w_accuu:ited f'lr.
SCHOOL SOCIETY, MIDLAND DISTRICT
lac«rporated, ------ 1S8
<Sff Midi 2nd District Schcol Soeidy.)
SEARCHES.""
In the register offitc; fee f(.r warch, one shilliog and six
pence. - . _ * _ , " _ ^3
With the treasurers for :mc„,.t r.f osecssnients; fee for search,
one snilitrg and three pence, • . . . 248
SECRETARY OF THE PROVINCE
lospectrrs of districts to pcrfoim the duties herctrfcrc required
frrm. m n-^pectto isMiincr licfnae*, - - ? 102
iS^e Itpeclort rf r.iftrirfr. )
His fee on every c« m* ii-s;r:i isvucd to (Vstrict inspectors, 103
Need not serve m the railitia, except in time of actual service, 187
BEOITIOUS .\TTEMPTS AND MEETINGS.
fiSthOco. III. c ll.en!iiled,*'.\n ;ici ti preient certain meetings
in this p-ovince," lopi'ifc!! by C'^ih flo. Ill, r 4. - 269
44th Geo. III. V 1. cnli! cd. " An act »or the bfiter .-<cc«r'n;;this
provirce a'..'air.st jiU n-dili" lis a!trnii>»> or de^'crrs to disturb
the tranquility thcrccf,' rcpcuK d by lOih Geo. IV, c T, 4:^4-5
SERGEANT,
Of m litis, while holding kucIi appointment, need not scrre as
A coustiiblc, • • - - - - 137
SETOFF.
Defendants hnvfntririven notice ff, or pirrde.l a sct-oTT, may re-
cover judgment ff r the amru'*t prr^ed by them, beyr-nd plain-
tiff's d< m>>nd, and huvc e\ccuti«iii therefor, - - 514
Courts of requests may, in certain cases, gi^e judgment for a
Indanee due, from plaintiffs to defendantSt - - ib.
{Set Pound Keepers; Horned Cuttle.)
SHERIFFS.
To appoint gaolers, . - - - • - %i
Not to retnrn the same pertons as jurors twice iir tbe etif ytm, #
Penalty for so doing, ----- - ife.
To keep registers of the jurors on all trials, and to gnfit ccfufi-
cates of service, if required, - - - - ifc.
To take no reward fir excusing of jurors; penalty, • ft.
.Sheriffs of the K;i«ieni, Midlau'l, and Western districtv, to re>
tu'-n nannels of jurors for trials at stated periods, wiikcmt n ve>
nirc facias ------ - 6S
Sheriff of the Home district to return in like manner, oa the first
dayof every term, ------ ft.
Not to se!l land» under execution within less than twelve mostbe
from receipt of writ, ----- S
Provision for the salaries of the sheriffs of certain districCa, 13X
Bond in the pen:«l sum of jCl.tNJO to be given by aH 9kwiffs,co»
ditioned for the payment c f ro mies co'.leete I by Usein, • A-
Not to bar any other reme.ly agtinst them, now m toree, - H
Eight days* notice to be eivcn of goods. &c. taken by csccvlina» 15^
To eive an inventory cf the goods seised in execntien beibre
thry he removed, ------ IS-C
Not tn rurehase any goods sold in exeeation, - «^ 165
Their duties in proceedings to nnliawry, - . - 1Sfr4-4
Mav retain three per cent, on monies collected under the mslilia
law-, • - »t
Failinp^ tn transmit monies so collected within three nont|i». to
forfeit right to retiin the three prr rent- and also to fmfeit XIOQ, ik
Provision for payment of salaries to sheriffs rJ the Gore and Ot"
tswa districts, ..-.-- fl^
Sheriff's sales exempted frrm the auction duties, - - 220
To put claimants in possession of real estates decreed ta tkem by
the commissionets fur forfeited estates, - - - 23T
Penalty for not obeying the precepts of the crmnnisslnncTs. 2B
None but sheriffs, and persons employed by theas, entitled to
fees for service of process directed to them« - - 238
Bail may surrender their principal to tbe ahcfiAs of the reayee
U\ c d'istriets, where defendants are hold •• hail, nad sbciiff» in
give certificates of Murrender, .... 29D
May levy pc unda^e fees, expenses, and interest en cxccntiQoa,
hr^ides cmount of judcroent, . - - « 2^
To adtertise sales uf Innds in the U. C. Gasette, and innny ncvn-
paper of the district where ihe lands lie, • • ft.
Not to tratle ns merchants or shnukeepem. - A.
To return writs rf nisi prius, ana attend the judgea oa their eir-
cu'ls, .--.---2ja
Writs of ca. sa. may issue against sheriffs, on jndgmenta obtained
f{Tdcfuult in not paying monies c.>llected,withrnt nny adkUrit, 915
Sheriff lying in gai>l three months, to forfeit his office, - ib.
Other remedies not barred herebv, - - - . ib.
Continuance rf 2d Geo. I V. c 9, " - - - -9151444
To receive the writs frrm the clerk of the peace, for levying <k«
arrears of nites bv the sale rf lauds charged, • - 9SS
Wihin one month frr>m receipt of said writs, to pahfish a notice
in the U C Gazette, and in :dl the iiew»pnpers of the diatnet,
of the time and place at which he will proceed tn snchsale, Sk.
If no newspoper be published in the district, to affix the Idee no-
tice ( n (he door ol the court hnu<e where the Q< S. are holden,
and rIso similar notices in lwi or more public plnccs in each
inhabited township of the districl, • - • A.
No sale to tMkc place nntil the writ has been six montha in hia
possession; nor out of the tc wn^bip in which Che lands lie, ft.
Exception where inhabitants too few to hold town raceL'ngs, ib.
Manner and terms of sale, ------ ib^
How the lands srld shall be apporti* nod off, - • ib.
Discrctirnary power gjlv^n to sheriffs to aHtt m*^ uK snie,
having regard to the mtensti of the owner, . - ib.
No greater interest in cn:wn *nd clergy ruerret tn be ««Jd then
po»9c^4ed by the lessees, ----- 39
May udjouni sales, • • . . . - ib
May re-sell lands not paid for, . - . - ib.
To gi\e purchasers certificate, and let them into possession, im
payment of assessment dues, . . - . fb.
If land not redeemed within twelve mrntbs, sberiffa to en«a|dete
the sile, and execute deeds free of chirre, • - d^
Sheriff *B certificate maybe registered in lien of memorial of cec'
vcywnce, ------- ft.
To piiy monies so collected to the treasurer cf their respective
districts, ------. i^.
Fees to the sheriffs, rn such saler, tie. • - . i09
Form of deed to be Riven by, - • . - 4DI
Their duties in striking jurv to assevs dama<;c3 eUimed 00 (be
RidcMU cmsl; fees therefor, - - . . 43^
Bf'und to rcreive debtors detained under justice's warr-nt. l*ot
not to keep them more than forty-eight hours under thai aa-
thr.rity, 4S3
Their duties as to taking and assigning bonds for gaol liniits, S^t
The ^ve»ring apparel and bedding of debtor^ in actual use act la
be taken in cxeeiiti/tn, - . . . . SS
Their duties in striking jury to assess daraagea done by Tay Ns-
vigation Com pan r, ... - . 53
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Page,
SHOP BOOK.
Not to be receired in evidence as in any entitea after Ut July,
IH^l^ anlesK Ihey are iD»d« oat in provMoiai ciKrwnc}', ^ 282
{See Curreiiey.)
SHOPKEEPERS.
After 5ih Au^uit. 175)7, not f) ■€ I a less quantity than flirce ga!*
lc.n» » f uMie, Jkc. at one lira ', With .uc licrn^e', - - 73
After 5th April, 1801, not to neW.if li:ennf.!^ any quantity lest
than a quart; penalty on cnnvictinn, i^20, • • 89
SeUing by wholesale, to take out a license annu.illy on 5th Jatiun-
ry, pnyin^ Jt5 for the yanae, ... - 211^,877
PensUty tor selling without licenne by wholesak, £15, - 2If>
Hour aueh penalty to be recovered, '. . . . jb.
Additional duty ra JC5 for Ucensei to be paid by shflpketpers leJ*
ling liquors by retail, - • • • • 226
Teraons keejiing both tliop and tavern to lake out liccnae for
each, .-----. 516
{See Liemau.)
SILVER COIN.
(®rt Coin*.
SIMCOE, COrNTY OF
Formed; may he dfelanrd a separate district, under the same re-
atrietiODs m the eoutity of Carlton, . ^ . 270
SJXTEEN-Mir^ CREGK
Autbnritv given to William Chisholm, esquire, to donstmct a
burbor at the mouth of, - - - - - 476
X2,500 authorized to he raited by debentares, to be loaned to
complete said harbor, - - - - ■« ~ 583
BLAVES.
Pmviafou agaiiMt farther intrliduotiAA of, - - - 41
Te^ of servitude by contract limited, ... jb.
The mvaen of slaves at present within the province oonAnned
in their jiroperty therein, ... - - ib.
Contracts tor service already made not annulled, nor parents or
f;nardims restrained from bindingoutehildrenaatil they arrive
at the age of twentv-one years, - - - - ib.
The children that ahall be (iom of female slaves, to remain in the
service of the owner of their mother, until the age of twenty.
five years, when they shhll he diaehai^d, - • ib.
Dirth (if the children of slaves to be recorded, - - ib.
Penalty for neglecting or refuAinsi; to record the same, - ib.
Remedy asaiost the undue detention of nuch children, • 42
Provision ror the issue nf ehiklren of female slavee, - ib.
Security to be given on liberating a slave, ... ib.
SMITH, JAMES
Act for his relief, under 54th Geo. Ill, c 9, - - 835
SOCIETT, LAW
{See Lzto Society.)
SOLDIEHS.
Punishment fnr cnlirini; sold lei's to desert, -
Punishment for harboring deserters.
Limitation of prosecution, - - - .
Justices may commit or bail, ...
Provision in ca«c there be no gaol, . . -
Allowance to priironcrs, * -
SherifT and |>eacL' offirers to execute warrants, &c ,
Fines how accnunted for.
106
ib.
ib.
107
ib.
ib
108
ib.
Discharj^ed non-commissioned officers not to serve in inferior
situatmns in the militia, ..... ]36
SOLICITOR GENERAL.
Need not ser\-e in the militia except in the time of actual tervice, 185
SOPER, LEONARD
Act finr his relief, under e9th Geo. Ill, c 12, - - 427
SPAFFORD, HIRAM
Act for tbc relief of, under 54th Geo. Ill, c 9, - - 887
SPEAKER OF HOUSE OF ASSEMBLY.
To give to each member a warrant, spenifying hit attendance at
each session, - • - . - . 104
Where a member represents two or more distrists, warrant to he
directed to the justices of each district, stating sum to be paid
by «'ach, . - - - . , 103
56lh Geo. Ill, c 27, entitled, " An act to increase the salary of
the speaker of the house of assembly," &c. repealed, > 2S6
SPECIAL JURIES.
{See Jury and Juror*.)
STAGES. ,
Act grantingtn Chnunccy Beadle the exclusive privilege of esta-
blishing and running a line of public stages between Ancaster
and Sandwich, .-..-. 452
STALLIONS.
Pruid Iccppcr to impound any «toncd horse, more than one yrar
old. that shall be rmninn^ at I'lra^c. a*id to d»-:ain such horse un-
til the owner pay Iwrnfy shillincs; one half t'^thi-nerson takiftg
such horse, the otlitr liulf to the collector, for tlic use of the
district. 36
STATUTE LABOR.
(S$fi Hlghuyays.)
90
Poff.
STATUTES OF GREAT BftlT^IN. . L
i^]75 appr priatedfiiripiifcliase of, - • • .- 112
Further appropriation of £17 j fur |:nrebaM of ttAtlitet of Great
Britain and other books, - . . . - • 170
Statutes of jeofails and hmitationt adopted, • * • W2
STEAM STILI.S.
{See StUls.)
STEAM VESSELS.
Only to pay light house or tonnage duty on two thi rdt of their
actual ad'oieasurement ; the remaining one third t(» be deducled
fjr the machinery and fuel, - - - - . 288
No light him&e duty to bu paid at any port by any vessel, craft,
&c. of the burthen of ten tons or upwards, where therft U ao
light bouse erected, - - - - « ib.
ST. GEORGE, L. Q.
Act \ Citing the estates of the late Laurent Quettca 6t. G«(H^
in W. VV. Baldwin, esquire, - - - - 6M
ST. GEORGE'S CHURCH, IN KINGSTON.
Minister and church wardens cf, authorized to turrencler a cer-
tain grant of land, in the town of Kmgtton, to hit Mjtfeaty, 885
STILLS.
A duty of one shilling and three pence per gallon imposed far
every gallon that a[.fit»ll is capable of containing, (tee p. 241,
323.) S6
Method of asccrtairiiig the contents of rateable stills, - Ib.
Penalty f >r using, or having in a situation to be utetl, atilbi of fatt* *
ger dimeniionfi than specified in the license^ • - io.
Fo:m of requisition f »r liceuke, - - • - 56
Such requisitions to be filed, and e^^pies thereof granted, when r^
quired, .-.-.-• ib.
Time I >f apply in:; f»r such licenses; duty for every ensuing 3*ear, ib^
Fee on issuini; license, two kbillings and six pence, - n.
Still containing le>s than ten gaUons, wine meastire, not to be li-
cense*! toilist.I spirit* for sa'c, - - - A»
Penalty fir using u still r.ff>maller dimensions, • • m.
Search warrant to be granted .>n affiJ.ivit, - - • ib.
Distillers not to retail, nor to be lice.ised to retail, - - 67
Monies to be paid iolo the haruls of the receiver general, • ib.
Pounda;2:c ol receiver ger.er-ii thc.eon, - • - ijb-
AcccuntioR < frame?, - - - - - ^ ib.
Inspectors to be :t| pointed in each district, to dischan^e the du^
heretofore puif 'imjd by the secretary cf the province, in ik;»u-
ing liC(>niies. *cc. .----. .101-2
Modnffobt.uning licenses, - - - - • ^ 1U2
Inspector.' to nscrrtAin persons selling wine or spirits, or tttlnx
tttills u'ithont lit-enoe, or larger stills than tho»e hcensed, and
to prrcecd against offenders, - - - • ib.
The I'ki-cnt* r,''&c-. if a p4*rsiin who had t«k#n nut a license to
work a still, or a pnrchs.!.er fn 01 s-uch ixccutor, &c. to give
notice to inspector, and m;ike rtrjU.siti"n for license to work . '
the same for the rcmaindiT <-f the term, - - - |10
Snch person to produce receipt for the purchase money, - 111
When any |>erMon j^ees cause to remove or transfer a still, it ife
not ncrc.»sary that it should be again licensed, but notice it re-
quired to be given, .---.- jb.
After notice, &e. inspector to indorse license, - • ' ib.
Form of indorsement, . - - - . i||.
Inspector at ail tim?d in the day time, when still not charged, or
after having given six hr.urs'^ notice, may enter atill hoote, to
measure the still, - - - - " - • ib.
Pen,nlty for refusing to admit inspector, ... ib.
Appeal to lie to the Q- S- by party aggrieved, - - ib.
Costs mav be awarded, &c. - - ' .* •' ^^^
Licenses 'to Ire hereafter issued, to commence on the 6th Jmonary
in each year, - - - - - - . 118
Nothing in C8.h Geo. Ill, c 1, to prevent persons from vendtpji(
m tip usual manner, liquors distilled from grain raised on their
own farms, or persons who have taken out licenses to distil,
from selling the Irquors they may distil, withrut any license, :288-9
An additional duly rf one shilling and three pence per gallon
granted on *ti1l», {see p. 323, fo^ere this duty u eontiHved and
rc-entcte-^.) - - " . ^" . * .,• ' ^.1^
Levied in the fame manner as the existing dutiea on stillt, lb.
Mrde of ascertaining Cf.ntenfo ffworden Rtills, - - 244,828
All wooden stills to be gauged, and liable to the payment of da-
ties, - - - - - - - 322
Evory requisition fir a license to use a wooden still shall exptett
the nttmhcr of ir«4|, n» the same is capable of conUining, ib.
Frrm of t>e requ sitinn, - - - .„ , ,, '. ,. ''
Of c h«lf of the ent re contents of every wooden ttiH tlwll belMP
bic tolhc lavmcnt rf dutic*, *.,..:.,.:, - 828
Every tu'i or vesfsd attached to the still shall be liable to pay qn-
ty for its whf Iv c.jparitv, - - - " - >h«
Ho\T-the rri lectors ar.- to ascertain the capacity of stills, - ib.
Penalty for distilling with- ot a license, and using tubs, &c. not
mei'tl« ned in the requisition, - - - ' ??*
What sh ill be deemed a still, - - - " "P-
In addition to th<? exislina; duty of ore shilling snd three pence
per ffall.n, a further dutv of one shilling and three pence per
jralh n imp serl on tnc c.i))a''ity of a I itil's. (making the present
du^y two shdiinjrs and ^ix pence per gallon,) - "«*,£;
Contiiiuaticeof4ihOeo IV. c 18, - - - " ***»'**
The provisions of 4lh Geo. IV, c 19, not to extend to prohibit •
persons selling liquor distilled from grain raised on their own
farms, or prevent persons licensed to distil, from t^Uing tlio
liqaor to distUled by wholesale in their dittillery, 838
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•TORMONT, COUNTY OP
Formed, •. 81
tTROBRIDGE, J. G.
Act to rtmoner^te him for tabnr and materiali proTided and ap-
plied by him, ID eoDttructing the Eurlingtoo bay canal. • 691
STUDENTS AT LAW.
(5:e AUornUss I^v> Society.
BUEJECTS.
IVoue bat nataral bom labjecta, or lubjeeti naturalize:! Iiy aet of
the ^ntiKh parliament, tr «u>>jeet« hiving becnnae fuch by the
CeMinn nf Cannda, or personn having takea tbs cath u( allogi-
aaMf, need enrol themselTes io th<: militia, • - 234
BUFFERGRS.
Act far the relief nf the snfTsrers wlio tnitaineJ lots daring the
late war with the U. S of Amrrlea, > - • 635
£B7,Ali lUi. granted tnwattU paymeot of said ln»ict, provided
his Mai««ty*« government shall pay an eqatl »um, - ib.
duties arising from iropor!:itioa f<f salt and whi<tkev to be applied
fn the payment of said nam, and also mnnieit in the hands of the
oejnmi««uners rffn.feited estates, ... jb.
Vooiher revenues than those mentioned shall be applicable to
the payment of said »a-n, ..... jb.
8a much of 4th Geo. IV, el, as imposes a duty rf six pence a
bushel on salt im ported from tha U. 8. «nittnucd, - ib
MoDiea b()W accoaatcd for, . - . . . B36
SUFFOLK, COUNTY 07
{Sm FrodjmUium, p 26.)
SURGEONS AND PHYSICIANS.
Need not serve in the m.Iiiia, cxsept ia t;me of actual aenriee.
133
SURGERY.
iSHMtdicilBovd)
SURROGATE COURT.
One established in every district, .... 42
Married women mxy alien their real r state liefore the judges of, 64f)
{Sf* Pro'jMt and S'jrros^ti Courts; Gu^ardiar.a.)
SURVEYOR GENERAL.
To have inspection of bound irv lines, &s. - - - 73
Himself and his deputies exempt from ser^'ing in'the militia, ex-
cept in time of actual servicf, .... i3o
To Mimlsh srhedulcsrf granted and leased lauds to the treasurers
of (be several districts, annually, - - . - 247-8
Compensation for said i uty, - - - • 24^
Aet to remunerate him f.>r certviin servieet, • . 281-6
To riteeive twenty sbillirgs fir every original )i5h<>dule of each
township fumisVed under the provisions of £9(h Geo. Ill, c 7, 319
SURVEYORS or HIGHWAYS.
To be appointed by the Q. S., - - - - 153
Oath to be Uken by, - - • - . . ib.
On application t'» alter or rpen a road, to report tr) the Q. S . ib.
When money in wantmg f iranv work of advantage on the high-
ways, to certify the same to the Q. S, - - . 167
When any road shall he laid out and not confirmed by Q. S., (he
party applying for (he survey shall pay the expeme of the sur-
▼eyore, ------- 171
All acts d««n« by rnjul surveyors whc» have serr«d beyond their
year, without being re-elecici or sworn, mide valid, - 467
Bat not to confirm any thing done by them after being legally re-
roovftd from office, -.-... |b.
Road surveyors having been sworn may hereafter continue to dis-
charge their duty without a^ain takin.:^ oath of olficc, • ib.
iSee Highways.)
SURVEYORS or STREETS.
Justices at mj session to appoint surveyors of streets for the
towns in their respective districts, and toreroovu them at ple.i*
Surveyor to be sworn in rpen court in towns where <^.S. holden;
f.»r other towns, bcf -re uny justice of (he d:strict, - 355,
Justices at any special se>siun may order su.'vcvur to amend anv
Btreet, &r., - - - . . ' . . "^
With.n ten days after, surveyor shall summ-in persons liable to
perf.irm sUtute lab»»r, and i.rJer litem to repair, &c. such street
Penalty fur neglect in;, and rwfud' ML'.
Commutation money to be expended under the direction of the
justices, • -
Justices at any special «eN«ion may direct surveyor to expend
part of ihe money in repairing any highw.iy, &c in iho vicini-
ty of such town, --._..
Surveyor and |)er»ona under him. in cxcciitinK (be orders of (he
justices relative to (heir duty. di^chargeJ fmm actions of-lres-
pass, &c.. - - . " .
Laws of the province relat'vc to appointing overseers of h-eb-
ways fir any t nvn, repcixled, - - . , ®
Survevars of strcjts t.n be remuacrated by justices in general
Q. S.. - • - - '.
(See Hlshwsya.)
, ib
ib
ib
3b6
ib
ib.
ib.
SWINE.
Not to run at large but ur.djr such regulations as may be made
at town meetings, - - . . ' , ^
Jf found running at large contrary to such regulations, may be im-
pounded and sold, - - - 64,103
Not to run at large in (he (owns of Qnetnaton and New Jehsi.
. t^'wn, • - Wi
Jusdccs in polite towns to make rules lespectug swine nuBisc
alarjte, - - - • - . T^ig
( See Pound Jtletpert.) *"
TAVERN KEEPERS.
(nee l.mkefptrs.
TAX, ON DOGS.
Alt expired, • - - • . .
TAXES.
Ratei to be paid by each householder,
{St€ MtMmtnts. )
2fi
TAY NAVIGATION CO.MPANY.
I neorfiorated ; capit-.I H tick not to exceed £4,003, g
Shares t'l be transfer.ible up^n the books < f the cnrpontios, ^
Fhares to be snbscribed and payable bv iaslalmeoti, • j|
CjIIs to be advertised, and shAres forfeited, if calls oot psid, ji
First meeting r.f stockholders to chr»ose direc(ofs,to UkUfa
Perth, - - - . . . . j^
When ten per cent. pa<d in, cnnnany may eommesee bauMii, ii
Affairs to be manageil by aeven directors; m>deof eIectia;tbFB,9
Vacancies in (he current year among thcdireaor».tol}efiledtt
by the others. - - - • • . i
Qualification nf vrtcrs, acd ratio r.f voting according lotbe km-
bernfi^hares, - - . . . . ^
Cor|Hinition no( dissolved by the non-election of direelnnntl^
day appntntfd, but the election to uke place at lai-therdir, ik^
Directors tn declare dividend*; and to reader (n the ^tficUknld-
crs a sta ement Cif their affltirs annujJly, rr odeatr, if ntfi^i
by a m^jririty. • - . • • - jk
D.rectors may make by-'aws, regnlaU tolls, and appAiat rAen, &
'J'reasurer to ijive seeu.'ity, - • • • • SB)
Comfiany au hor.sed to explore the eouatn', take lerdi, tsd nt
cut such imrtion of landk aa may be required f ur tkc n<e of tfae
comiKiny, • . . . . . . j(.
General powers «f the company in improving (he nartgitian, ik
Brdites. &c to be erected, • - . . . ik
Company may contrac( for the purchase nf huidsict onttioMtt-
eary f<»r their usr ; lands tn set out tn he vested in tkec»mpay, ib.
Disputrs between the c«»mpany and iadividaalsanybelfftlov-
b.(ratinD, - - . . . . . ffl
Witnesses to he examined on oath, - , . - t
Tarty declining to abide by the award, to give natife thendU
the other party, ami to iNiy ili« c<:sts nf ssitniig the dswfei
by a jury, - - - . . . . ik
Notice of assessment of damage* to be served hj \ke ftufj ^if
sentioie from any award, not less than thirtjdtjtfrontlietim
of his dissent being notified, - . . . ik.
Juiy to be Ktruck at the nheriff's office, frra the ipeeikljarf list, ii
Sh«'rifr to summons pers.ons wh't shall have beea itmck u jsran;
their oHth ami mrnie of asscMsing damages, ^
Parly reqniring the jury to i»ay all expenses, - *
Persons I uilty of wilfully injuring the woiki.tobepoijWu
('*r a iiiisdemeatinr, . . . . • iV
Penalty f«r obstructing (he navigation, or leavingor/>isciii|brati,
Ate. therein, - - - . . • i*.
Roatff may be seised, unloaded, and detained, natil cmU Ufu^ j^
Sunken bna(s t » be immediatelr weighed hy (he oirnen, • i^-
PerKons inhabiting the banks of (he river maj ply therm ri'tk
their bnati ior the purpcsea (.f husbandry, bat Dottopanloeu
wiihnut consent, - • - ' - . . ifc.
Powers givi-n to ihe comi>any to enter opnn adjacent l«ad».iwi
take materials for the rejuur of sudden injariet bjflaodi or ou-
crwise, - . - ' ' ' ' x
Hccompense tn be made for damages done, * '
Spaces may be cut in the biuik at conveaient distaocei, f.«r bMt»
to pass each other, or turn in, - ' ' * a
All boats to be gauged or measured, to asccrtaia their tssoise, ^
Disputes to be settled by arbitration, . . • *
All |>er«rn« msvuse (he said improvements oopajotft of the es-
tabli^bed duos. - - ' ' ' ' \
Cnranany may take suflTicient land for t 'Win« jiatks, ke. • '*•
Towin;j paths n-.t t^ exceed ff>rty feet In width, ,'..', ^
Jjind (o he paid for; company m.w either sue ordi» rain iflrdH^Wj
Hotr penalties to be lovicvl, and apprcpriatinn of penaltiw, »^
Pciwer* givon to the company t" extend in *'»''''**"^"[*\^ i.
Powers and privili'ees heri-by granted to extend to the bed of In*
river Tav. whe'-e it sh ill be improved, as well as to the excj«-
tion on the lo'id, - . ..-•'"•
All actions to be brought within six mrHiths; general iimnny
be plcade't. - . - ' ' ' ' h
A **t declare 1 pu'dic, - - . •',*»,
When t'»IIs exccjd twenty per cent legislatare may regulate tw
•a'ot-. ' * a.
Ferric* roaT be e^'abli^thed ncrnsa tha rirer, if De5M«}ry,
Ilriilire* miy be ereclcJ, but nn(tonccusinn inconvenicacc lo u*
U'lH Majesty mav. after fifty years from (he comiJlcti^n of t» ^
w^rk. a««ume the ^aid navigatirn. upon paying therefor.
After his Maj-rsfv shi'l hive .i^smied the pwiewinn ofthe O""
nav^ato;., (r.Hs to be paid to the receiver general; n"^""^ jg
ac^onitc I for, - - - - - '
If vithin two months from the priwiogof thin act. *''5'""",,i
sb-iH aicertiin that the nfiicer superintending the R'J**V^
sh.ill deem it exr>rdienl to ir?prove the navigation ol Jy [ Lj
Iwhalf nf his MajestT's government, the "'"««**■'* ^fc^ia i^
by proclamation; whereupon this act shall ceaae aodbeWMt
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2S8
332
Pazt-
TERMB.
Act ti» remnre drmbtt irtth reapcet ttv the enmmenceAent or
Mlchftelnrat, 18K4, And Hilary, 1825. *Bd to fix the p«rina>i of
the leTcr li terms in K. D , - - - - 332
THEAL. SAMUEI<
Act for hU relief, under 59th Geo. II f, <s 12, p. 228, - 642
THOMPEON. ELIZA. AND ELIZA ANN CLUFE.
Act for Ibu rvli«r of, uadcr 54th Geo. Ill, c 9, - - 475
TBRESHINO MACHINE.
Act to tccare a pulent right to Thomas Homer therefor, • 643
TOLL IN M1LL8.
ProTisiitnt for regolatinj; tlie toll to be taken therein, - 32
TONNAGE DU TT ON VESSELS.
iSet lAiht Houses.)
TOWN CLERK.
To be eleeted in town msetinj, on the first Monday of January,
annniiry, (seep. 213,) 35
His duties, --.-..- ib.
Required to ascertain the number of inhabitants in (he 84>vcral
toirn»hips, 5cc., ------
But s.-e ihe dutirs of the assessors and town clerk tinder the net
for takinjc the censun. . . - . .
To proTide the bond tn be entered into by collectors, and trins-
init thr same t«» the treasure:-, - . . . 175
Penalty for neglect, not lesM than £5, nnr mnrc thin £25, ib.
On conviction bef(»retvro justices, fine may be levied by distn^ttj
how apprjpriateJ, - • - - - - -^ ib.
TOWN MEETINGS.
To be holden on the first Monday of January annually, for ths
election cf parish and t'lwn ofG^rrs, • • - 35
Fnrni of the warrant fi»r the holding thereof, - - 37
When the number of inhaSitaiit househnlders in any township
shall not exceed thirty, to be jiined with the adinininx to«vn-
•hip, having the least number <if inhabltJints, for trie election of
officers, - - - * - - - - ib.
If from any neglect, town racetin«^ not holden at the proper time,
justices m i^. S- to appoint pariith and town ntficers; an.i who,
upon aotiee of such at>pointment, shall take the oath of office, 124
Penalty for neglect or refusal to act, ... jb.
TOWN WARDEXS.
7*iro to he appointed aiinuaUy, «»n« Kj the inhabitants in towa
meeting, on to* fir«t Monday in January; the other by the mi-
nister of the Episcopal churc.i; who arc to act as church war-
dens, ----.-. 9^
To represent the whnlc of the inhabitants of the parish or tnwn-
•hip,a-ul have coqiorkte powers, as regards the property of the
perish, ...---- ib.
May with the approbation of two justices, bind orphan anJ aban-
d.'Oed children as apprentices; miles until twenty-one years,
end femates until eixhteen years, - - - - 85
Where the father shall abandon his children, the mother with the
like consent, may bind them, .... jb.
Exceptions thereto, ------ ib.
(See SljvfM.)
TOWN8END, TOWNSHIP 07
Aet eatborlsing a re-su;vey of the thirteeikth consessioa of, 414
TUNKERS.
(See Menonistt)
TRADE.
(5e< Duttet.)
TRAITORS, ^
The estates of certain traitors rested in his Majesty, • 178
(5w For/HUd EstiUs.)
TR.4N8PORTATION OF FELONS.
Banishment substituted for, ----- 83
TRAVERSE OF OFFICE.
{Si4 AUeiu and ForftiUd Estiiu.)
TRAVELLERS.
All persons IravetHng: on the hij^hways, and meetinf^ carriages,
&c. to tuni out to the right han 1. aYl give h.iir the roaJ, IRR '
Penalty for disf^bedienc.-, utI how recovered, - - ib.
Two or more bells to be affixed to the harness of every sleigh,
&c.; j)ena'ty for negl ct; hr)w fines t.T be nccnunted fir, 170
Complaint to lie made within ten davs, ... ib.
Pe'sJlies accruing under this act how to be paid and accounted
for, - - 105
Act continued for four years. - - - - ib.
Clause afterwards repealed, by which the act is made perpetual, 253
TREASON.
( Set High Treason . )
TREASURER OP THE LAW SOCIETY.
His appointment by tbe henchrrs. - - - • 71
To give receipts for sums paid by attnmies for their annual li- i
oense,end to 'tepaid two shillings and »i>c pence for his trouble, 315 ;
To pay such monies into the hands of the receiver geaerai, ib I
TREASURER, DISTRICT
To be a^ipoiatedby the minority of the justices in Q. S.,
248
Pug*.
To give securitv for the faitEful performaaec of lu«d«iti««, te be
apprtrriwj bv til L* Slid justi*e«, . . - . 249
All monies p^itt into bi« hands, as such treasurer, to be deefl»ed
the public st"»ck nf the district, - - - - ib.
To iMy over such monies to the order of the sessions, • lb.
To keep borsks of entries of all ni'>nies kgr ktm reeeived and paid, ib.
To deliver to the justices at thsir Q. S. an acernnt on oath oi all
mniiies so rcceued and paid by him, with proper vollcherSs
dist nguishing the several uses 'to which the seme hare been
applied, ------- lb.
To transmit annually a certified copy of such account on ooift to
the governor, &c'l-) be laid before the two houses of parliancut, ib.
Majority of justices in Q. 8 may remove such treasurer at their
pleasure, and appoint a successor, ... {b.
His remuneration tor his trouble four per cent, on all monies, ib.
Allowed to retain three per cent, on monies collected under the
rail tia acts, --.--. 204
To tranvmit •:.ll such monies to the receiver general within three
months ; it not so transmitted, not to be allowed sueh per ccntUKe, ib.
Treasurer neglecting to transmit such monies, to forfeit JS1<M), ib
To receive school monies from the receiver general, • 200
To pay teachers their s.nlaries, on the certificate of the trustees, 208
No warrant to be insued to any district treasurer, until the suBis
heretofore |>aid have been accounted for, - - 282
Disposition of the balances of school monies in the hands of, ib.
Allowed to retiin three per cent, on all school monies passing
thmugh his hands, provided he shall prodnee pQ>|>er vouchars
for the expend iturea ot the monies, according to the intention
r.f the several school acts, - . . . 283
To charge the lands in his district with the rates imposed, and to
credit eaeh lot with the uxes paid, - . . 4^8,897
To produce his books to the Q. S. for the inspection of the jtts<
tices, -.-.-.. 248
Such bt>oks to be open to public inspection on the first and third
Monday if each mouth, - - . . . lb.
His fee fir each s^^areh, one shilling and three pence, • ib.
To charge the lands in his district with the rates irapoeed nndtr
the high w.iy assessment; rates to accumulate, if left unpaid;
books to he open; fee for search, - - . - 281
To pay to the order of the justices in sessions, in the month of
March, all such monies as may have been collected by the rate
or one eighth of a penny per acre, - •- - 890
Such monies to be laid out by tbe justices on the highways, by
contract or otherwise, to the best advantaj^e, within the town-
ship or place in which the land lies, from which the rata waa
paid oroollected, --.-.. ib.
To roikc a return to the first Q. S. after the first day of July,
1828, (and in like manner annually thcreatter,) of all lands on
which eight yean* taxes may lie oue, - . . S87
Time extended for making the firnt return to July, 1829, > 466
To advertise such lands in the U- C. Gasette, and in sr.me public
newsp-j|>er of his district, ----- 806
If no new*pa|>er publi»hed in the district, to affix a list of sueh
lands in sonic puulic place therein, within one month from tbe
date of his return, ---..- jb.
Redem; tion mnney to be paid tn the treasurer, who is bound to
p.ny over the sanie to the purchaser, on dtmund, •-{!».
Treasurer neglecting to make his return for two courts of Q. 8.
after the same ought to be made, on conviction thereof at the
assizes, to forfeit his office, and the justices forthwith to ap-
point another person in h.s place, ... |b.
If justices neglect to do so, g.ivernnr, &c. to make the appoint-
ment duriMMeasure; taking such security for the due pcrfor- ^^
roance of tmoutics, as to him may seem jtist, - • 889
To retain the sura of five pounds for each account furnished by
him under this act, . . - . • |b.
Bound to give a detailed receipt, on demand, to any persoo pay-
ing asscisments under this act, - - • 403
Also for mnnir« paid for lands In other districts, - - 484
To receive .nssesament for lands in other districts, and to charge
five per cent, for his trouble therein, - - - lb.
To keep a separate account of such monies; to fransmit to the
treasurer of the diMtrict in which jkuch lands lie, a copy thereof^
attested, on the fin>t July annually, and at the same time trans-
mit the m mics si rccfivel, - - - - 4^
The treasurer rcceivin*; such monies f.irthwith to cretlt the seve-
ral lots with thr rc«pecti%-e sums so paid, aid thn date of pay.
roent of each ; and within ten d ivs thereafter, to ret urn a receipt
theref »r; which receipt thi* treaanrer whi received the money
in th»' firxt iniitance sh:dl shnw, on denund^ to any person in-
terested therein. ------ H,
After l<l In v, Hi^. treasurer mt tn rece've taxes for laaJs in
other districts, if in arrear mnre than siv years, - Jb.
In i^urh cuiics the assessments mui>t be paid iu the district whera
such lands arc, .---..- ^
Treasurer not to receive a partial payment where more than eight
years' taxes are due, - - - - - ib.
Penallv fir neglect of datv. - - - - . jb.
Cannolact as chairman of Q. S. - . . . 489
TREXT, RIVER ^ ^, ^
The whole of the river included within the provisions of law, for
thff preservation of salm'^n. .... sfg
£\Oii appropriated tOTvar.ls the erection of a bridge across it, 335
TRIAL. BY JURY. ,„ , .
Established conformably to the laws of Euglaad, • - 88
Mav bring in a uperial verdict, - - - . j|,.
Mule f>f em:tannelling a jury for every cause, - - 80
Want of view or anyinformality therein, uot to stay tha trial oi
issues, -------- 41
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T»aOOPS OF CAVALRy.
May bo formed from the militia, .... 136
TRUSTEES,
Of the HamaD catholic congregation in York: allowed to iell cer-
tain laucb therein, and to purchase ether Und«, - . - 267
TltUSTE ES
Of the w&l of William Weeket, eaqnire, of York, appointed, 811
TYTHE8.
Aet relative to the right cf, in the province of Upper Canada, bj
tvhi«h it ta declared that none are to be claimed or demanded
therein, ««
VANALSTINE, PETER
Aet t« provide f>*r a commiaaiMi of Imacy and idiotcy in the
catirof, .---.,-
Jud^e of the Midland dielrict court to inquire by a jury whether
Felcr Vanalstine be an idiot or luuatic, ...
Pn>ceeding« therein to be certifie.l to the lieutenant icivcrnor.
Jury and witnestei* to be sworn; the attendance of Peter Vanal-
siine may bv required, if deemed neceteary by the jury,
FaUe twear<nK thcrtsin made perjury, ...
If f«»urKl to be an idiot or lunatic, a committee to be appointed,
d lea»e tar
507
ib.
ib.
ib.
ib.
W8
Powerc and dutifit of the committee; may tell and
and transfer personal estate; their receipts shall discharge psu*-
chaecri, ....... ib.
How the committee shall dispose of the funds coming into their
banda, - - - - • - ib'
How the interest arising thereon to be an)>lied, • * ib
Diepoaition of the monies remaining, at the decease of P. Vanal*
stine, in the hand* nf the committee, ... ib.
Committee may be changed and vacancies suppUed, - ib.
Powers and resnnnsihility of the committee, • - ib.
Mav be contrnlled by the lieutenant governor io the exercise of
the royal prerogative, - • . - - ib.
Act declared to be a public act, .... ib.
VAUGHAV, PRESBYTERIAN COXGREGATION OF
Authorized to hold certain lands conveyed by J. Miles, esquire,
to trustees, for the use of, - . . . . 891
VERDICT.
Jury may find specially, ..... 80
VESSELS.
Navigated by steam, relieved from the payment of light h'^me
tonnage duty for the space occupied by the machinery, fuel,
fcc. 238
Of ten tons and upwards, owned and navigated by Rritish subjects,
in the prnvinee, hereaftor to he subject to the light house ton-
nage duly, «m thirt part of the cargo only actnaMj discharged at
the port where such duty shall be paid, ... 283
Duty of the master in reporting, ono«th, theretin, . ib.
Certain tonnage duties impoeed at the |Hirt of York, for the re-
pairs of the light house at Gibraltar point, - • 409
Ift time of war. militia to serve on board of vessels, boats, &c. on
the lakes and rivers, &e« of Upper Canada, in detachments, if
necessary, --....- 186
BMts and other craft may be impressed, in cases of emergency, 148
Prnvisinns In cases of: the want thereof not to stay the trial of
tnj issue, •-.-... 51
VOTER8-
Having resided in, or taken the oath of allegiance to, a foreign
state, must have resided iu the province of Upper Canada for
seven years, and take the oath of allegiance to his Migesty be-
fore their vote cai be received, .... 842
The qualification of estate of the voter, (if noi obtained by grant,
descent, device, or marriage.) to be bv deed of conveyance,
to be registered t'lrec month* bcfon the'holdingnf the election;
or be must have been in the actual posnesvion, or in the receipts
of the ren's and profits thereof, to his own use, above twtlvt
eo/enrfor monfAs next before such e'ection, • - ib.
Form of the oath which voters may be required to take, • 848
Not to vote in town and county on the same property, - 269
CWITED STATES.
Persons residing therein may release their dower of landa in
Upper Canada by deed, ..... 189
To be acknowledged by the party assigning such dower, before
a jadge of the supreme court of any sUte; who shall certify
the same, - - . . . . - ib.
Verification of such certificate, .... ib.
17NIVEBSITY.
Whenever one shall be established in the province of Upper Ca-
nada, to hi represented by one member in the house or assem-
bly, 266
By whom such member shall he chosen, ... jb.
Governor, kc. to issue the writ for such election, - - 239
WAOSTAFF. JOHN
Act for his relief, ...... 257
Act for his further relief, under the 54th Geo. Ill, c 9, - 286
WALK)LE, TOWNSHIP OF
Added to the county of Haldimand,
412
Pisge-
WARD. THOMAS
Act eonfirmi«|r MVtaflvrBgtstriM madaby liiai, ondar na appmnt-
meat as reg^istrar of Uui county of North«mbcrlMMi» d^ilmrtd
invalid, • . " . * • • - * '•31
iSet nforthMmbtrUuidaHd RtgiMtry Office.)
WARDENS.
(See Tbion IVardena.)
WARRANTS.
ls*urd by any of his Maj<*sty% gnrermaetits in North Amerrea,
against fel< ns escaping (herefrom, may heaxecnted in this pm-
vince, on being duly indorsed, .... 79
Security to be previously c;iven to indenonify the province agiinst
any expense, and to bring the oflendcrs, so apprchcadccly ca trial, ih.
WARRANTS, DETAINING
For the arrest of debtors in certain easea may ha fistaed^ • ^t
(See Detaining iVarranU,)
WARRANTS, SEARCH
May be granted, to ascertain if stills are vsed withma Uccnac, SZ
Such warrant to be executed during dav light, - - ib^
(See SUlUy and ln»p$etor.)
WATERLOO, TOWNSHIP OF
In the district of Gora, farmed, • • • - 811
WATERLOO,
Schfiol house in the township of Kingston: certain trosteea aa-
thorised to hold land for, who must be British snbjeets, 461
WAJMLOO AND DUNOA9 TURNPIKE COMPAinr.
nPbrporated, ..-.--• SH^
(See Vundaa.)
WEBKES, WILLIAM
Act appointing certain trustees, to cany taifo effect tfta wiB «C &'
WEIGHTS AND MEASURES.
82tlGeo. HI, eS. p80, reiiealed, . . - - 8^
jS75 sterling granted towards purchasing a sat irf" standard wcigkts,
&c. to be deposited with the secretary of the pmvinea, 3SS
Secretary to famish eaeh d intrict with a standftra of such wcsghtt
and meaiures as are deposited with him, . . ib.
Magistrates of each district to appoint a pcrsnti to take ^afl^ of
thedietrict standard, and to be icspector of weights and mea-
sures, who shall examine and mark all such we ghts and mea-
sures as are pri'-rnted to him. fdund I" agree with hi* «tndard, ^ft^
Magistrates may remffw Htspevi««i««i/J .i^>poiat others, - iK27
Inspectors to be »W"m; furm of the oath, • . . ib.
Penalty for trading persons h iving in their possession any sfw^gkts
orrocasun*s not stamped by the district inspector^ - iK
Appropriation of penalties, ..... ib.
Surplus of sum hereby granted to remain at the diypesal of par-
liament, ,_--.-- ib.
How to be accounted for, ----- ib.
WELLAND CANAL COMPANY.
Incorporated, ..-..« 80
Directors authorized to explore the eoontry baHpemi Aa river
Welland and lake Ontario, and the said nver and tfaa Ovaa, tn
select the line of two intended canals; to hald tkn same far the
use of the company, ..... 868
May erect mills and purchase mill sites, . - - ih.
Owners of such not compelled to seH ; b«t if «smg aay addJlMir
al supply of water, tn pay a reasonable compensation, . iK
Company may supply the canal with water from any spring;s. Ice.
found within a thousand yards (with some e.\ceptiaos>«^tha
line of the said canal ; may make reservoirs and feeders, fca. to
supply the canal with water, . - • . ib.
May enter upon the lands of his Majestv, and other pers<ms, (er>
cept as provided fur,) and survey such parts as they msf lldnk
proper, .--.--".jaJ
May bore, dig. kt. carry away, and lay mbbiah» kc. en the
grounds of persons adjoining to the said canal, - - iK
To erect tunnels and hndses oa lands adjoining, and altar 9md
repair the same from time to time, ... j^
May place, work, 4^c. materials on ground sa^iairnqg; ra^raad
alter fences, ...... 1^.
May n.ake and appoint boats, bai^^s, kc. thereon, - ik
May do any act in repairing, supporting, and apholdiiig tlie said
canal fnr the purposes of this act; doing as litUe damage as pos-
sible to individuals, aud making satisfaction, as hereinafter
pointed out, ....... jb.
Not to take the water belonging to any mills withoot the conseal
of owner, 3ic., ...... ib.
Owners of mill seats on the line nf the canal, or within fiva hun-
dred yards thereof, considering the value thereof diminished or
injured by rival establishments, or by means of the canal; the
company may purchase the same at a valuaiioa to be lixed br
arbitrators, ..... . 8681,49
Owner not compelled to sell, - - - - 89
Company may take as much water as thej daem nacaaaary tern
the Niagara. Grand, aiui Welland riven, . . S39
May erect a pier at the ronoth uf the Welland. and other places,
with such wharves, k^. n» may faeilitatetnuisportation, Jbe. ib.
No such erecti'-ns to otisitrnct the navigation or pre)adice the es-
tablishments of the roval navy or other public departmeBis,&e. ib.
Power of nbtaining lands to be governed by the prnviaioas here-
inafter mentioned, ...... ib.
After the line of the canal ascertained, all persons^ ke. intdtatcd
in lands thereon, may scli to the company; saeh saica to h^
valid; the amount to'be ascertained as heretnaRer " — "*
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I*9BX TO rum VrrmL Cahaoa Statvtss.
m
Pagt.
OlMMNnMqrpwckaM lffM» penoM owBlagkiia tJvmigli vhich
tiM cftoal PMMs, M mnch u they may nqairc, or for damagei
loocd by the canal, 870
la eaaa of diiagraeiBOBt, differaiCM to be eettled by ariutralioi, ib.
M«d« of chooiing the arbitrator*, . - . • ib.
Pnwtf of arbitrators eatcnded, .... 422
Tim« and pkee of meetiog, - *..,'.,. *'^
Arbitraton to be awom; bat not compelled to attend, if reaidwg
orerfifly miles from the place of meetiog, - - ib.
Awiwd may be set aside, as io an ordinary submission, and mat-
tera again referred to arbitration, .... ib.
FitiMrtr of the Indians ta be ascertained the same as other indi-
Th« arbitrator on their part to be named by the chief ofReer of
th«ir department; to whom the sum awarded shall be paid, ib.
If neoetsary to eat into any highway, company within one month
to bniM a bridge, nnder a penalty of £5 per day thereafter, nn*
til so built, ^871
PenwMs hijaring any works on the canal, to pay the damages and
eoets, to be recovered by action; or committed to the common
gaol for any time not exceeding three months, • - ib.
firery person obftmcting the canal with boat, timber, ke. not re-
nBovinx the same on notice, to forfeit £5, - - ib.
Throwing graTel, rubbish, &c. into the canal, to forfeit a sum not
Kceeding five pounds; how forfeitures to be applied, >
ib.
Persons pkiciag wy Tee'el, fcc. so as to obstruct the navigation,
and not removing the same on request, to pay ten shillings per
Company may cause such boat. &c. to be unloaded, and removed,
mid detain the same until all charges are paid, ib.
If nay boat, fcc. is sunk in the canal, and the owner not drawing
up the same, the company may do it, and detain it until all ex-
peases are paid, -.---- ib.
Owners of Uods adjoining the canal may use pleasure boats, or
bents for conveying cattle from one farm to the other, without
iaterruption from the comitany, and without toll; (not passing
through a lock without leave; ) but not for the carriage of gomls,
Ihc. to maiket, or for the purposes of gain, and not to obstruct
the navigation, . . - • - . - ib.
Ib ease of breaches yi the canal, company mav enter the lands ad-
joining, and take materials, &c. to rv|iairsuch breach therefrom;
doing no unnecessary damage, and making reparation in six
months, ....... 872
Directors^ ttc. may cut spaces or basons for boats, &c. to turn
and lie in, on the adjoining lands, . - - > jb.
Boats meeting shall go hack and !<*-•• «••>» ^qincea as the majority
of the director! »WU«nJer their hands appoint, - ib-
President, Ac. lo regulate the tolls; shall, if required, exhibit to
either branch of the legislsture annually, the amount collected
and expended, and. of goods, &c. transported, > • 972
AAer five years from the commencement of navigation, the le.
gislatnre, if they deem the tolls too high, may reduce them at
a rate not less than twenty per cent, on the capital expended, ib.
8«ch part of the canal, from lake Ontario to the river Welland,
as surveyed by Mr. H. Tibbet, to be completed in five years;
and fram the Welhmd to the Grand river, within seven years;
•o as to be navigable for boats, barges, and rafts, under foHei-
tare of the charter, ..... ii>.
If the out to the river Welland is finished in five years, to be ea-
titled to the privilegee of this act, as far as relides to the same, ib.
After any part of the canal is finishsid, the company, at a general
meeting, to fix the rate of toll; the same may be altered after
three months* notice, ..... jb
Schedule of tolls to be put up in pnblie places on the mute, ib.
Persons refusing to have their hosts measured, to forfeit fi»ity
ahillinn ; the company, or their officer, aad the master or owner
of the Doat, each to choose a person to ascertain such measure-
ment, whose decision to be evidence in all matters relating to
the toll, ----.-. 878
The owner refusing to appoint a person, the one chosen by the
company alone to ascertain it, .... jb.
Peraons allowed ti» use the private mads (except towing oath)
for the purpose of transportation, and to navigate the canal with
boats, Ite. at a »te to be established by the company; said
dnes to be paid to such persons and places as the directors may
appoint, -.--.., ib.
Mey »• for the same, if payment refused, or detain such vessel.
&o. antil payment thereof, .... jb,
The number of shares may be sixteen hundred, at £12 lih. each, 898
Regnbtions as to opening books for the subscription of stock, 873
Persona may take any number of shares, (not to exceed eighty
in the first Instance,) and pay tea per cent, on each share, furth-
with on the election of directors, .... ib.
The remamder by iastalmenu not less than ten per cent, as direc-
tors may appi»mt, on notice of tnirty days, given in all the
newspapers of the district in which stock may have been ta-
ken, ....... ib.
Bteckhoidcrs refusing or neglecting to pay such insUlments, their
shares and the amount previously paid, deemed forfeited; such
shares may be sold by auction, ana the proecads and previous
payments to be applied to the use of the company, * ib.
The nurchaser to pay such instalment and the purchase money
forthwith, before the certificate of transfer, 874
If the whole number of shares should not be taken up within
two mimths after opening the books, pers<vis may increase
their subscriptions, ..... jb.
Shares to be transferable after the first instalment paid, ib.
Until the canal is complete fmm the river Welland to lake On-
tario, ton money to be expended for any other purpose, - ib.
Not more tl|an J»fi(»ifl be ^xpepM in the erection of machiae'
ib.
ry, ttBta de whole of the^anal shaU be finished.
91
P«gt.
After £5,000 sBbtcnbcd,,direetors maybeehoaen; mode ofelM**
tioQ, ......* lb.
Directors so chosen, to serve until the first Monday in April ^-
suing such election, . . . , . ib.
May commence operations so soon as they receive £600, ib.
No meetinx of subscribers to be had but under thirty days' no*
tice in all the newspapers in the province, . • ib.
The aiTairs of the cr.mpany to be managed by five (say serea:
see p. S98,) directors, one of whom shall be president, - ib.
Mode of choosing directors and voting therefor, and filling up va-
cancies, ....... 874«4
Directors must hold at least tea shares; (say twenty: see p.
894;) stockholders to vote according to the number of their
shares, ....... 876,894
Five to be ehosen annually ^y the stockholders, and two by the
house of assembly, .>...- 491
If directors not chosen at the proper day, the charter tMt msde
void thereby, but they may be elected on any, oihsr day accord-
ia|^ to their by-laws, - - - - . 875
Dividends to be made half yeariy, if deemed advisable by direc-
tors, ....... lb.
Directors once in three years,oroftener, if required by a majority
of stockholders, to give a general statement of the sfiairs of the
company, ....... ib.
Directors to make by.laws; not contrary to the laws of the pro*
vince, - - - - . - • ib.
To appoint officers, clerks, &c. with proper salaries, • ib.
The treasurer to give a bond with two sureties, . •• ib.
The penalties accruing under the by-laws, on proof before two
justices of the Niaaara district, maybe served by distress, un-
der warrant of tvfn justiceo, .... ib.
If no distress found, the parly refusing to pay such penalties an^
cr>sts may be committed to the gaol of the district, for a time
not over twenty days, . - - . . jb.
Applications of such penalties, .... lb.
The extent of land, as to its width, that may be taken for the ca-
nal, regulated, ...... ib<
The 87th clause repealed, iiy 6th Geo. IV, c 2, - - 898
All actions to be brongbt for any ihmg done under this act to be
in six months, -.---, 876
Defendants may plead the general issue and give special matter
in evidence, _....- Ib.
If brought after six months, a verdict to be rendered for defend-
ants, -..--.- ib.
Nothing h«r«ia to allect the rights of his Mi^jesty or other Indi-
viduals, except as provided herein, ... |b.
Act declared a public act, ..... ib.
Breadth of canal not to exceed sixty yards, except in certain ca-
ses; and one hundred yanis where vessels to pass each other, 898
Canal may be cnlarge<l for sloop navigation, > > ib.
Company may construct towing paths on the bank of the Welland
river, the (jrrand river near its mouth, and along the Niagara ri-
ver, lo Fort Erie, reserving the rights of individuals, - ib.
Reservoirs may be constructed on the line of the canal, (aee p.
619.) - - "^ ib.
The route of the canal defined, .... |b.
Provisions that former stockholders may withdraw their «u^
scriptions within three months, .... 884
Towing paths on rivers not to interfere with private rights, ib.
Company to cause the mouths of the Grand river and Twelve -inile
creek to be surveyed, and to ascertain if secure harbors can be
constructed there, ...... ib.
Funds of the company to be deposited with the bank of Upper
Canada, subject to the orders of the board of directors, signed
. by the president or vice president, and countersigned by those-
cretaiy of the board for the time being, . . • ih.
Funds or the company not to be a|>propriated to purposes uncon-
nected with making of the canal, without the consent of the
stockholders, ...... ih.
Ratio of V(»ting, ...... lb.
The hon. J. Irving and S. McGiUivray appointed directon for a
limited time, ...... Ih.
The locks on the Welhmd canal not to be less than twenty-two
feet wide, ....... ib.
His Majesty's vessels, &c. and vessels employed in transpOftiqg
stores, shall pass at all times free of toll, in consideration of) n
advance of £16,860 sterling, to be made to the company by his
Majesty, in aid of the work, (see p. 617,) - 487
Exception as to private vessels, carrying also merchandixe for in-
dividuals, ....... lb.
Act authorizing £60,000 to be subscribed for, as public stock;
such stock not to be subscribed for, unless the company agree
to allow inlerast iipcra the amount paid in, until after oae year
from the completion of the whole canal; such interest to be
hereafter adjusted in account, . - - - 4M
Bond 4o be given for the pavment of such interest, • Hk
Government may transfer tlie stock, but not for a price below ita
nominal value, ...... 466
Application of interest; receiver general not to have per cen^
Mooe of raising the money bv debentures; how interest thereon
to be paid; upon what nind to be charget!; general provisfons
for such as are issued under this act, ... jb.
Act reciting that his Majesty's goverament have loaned to the
rompany the sum of £50,0(90 sterling, in aid of the work, on
conaltion of being secured for the re-payment of the same with
interest at four per cent, upon the toUs and profiU of the said
canal, ....--- 488
The cempeny hereby authorised t« secnre the said loan by eMrt-
gage; sncb mortgage, however, not to alfeet eey sconrity lor
pnordebts, ------- 489
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«86
InDEX TO TMv Upper Cavada Statittss.
Page
483
ib.
ib.
ib.
491
Tbe em&pny aothorized to n!tc farther wmt by Inan, and to
ciTc bcnJ*, &c. therefor; tush b:>ad« made tna^fcrablc bydc-
IlTiTy,
The f««der oow constructinp from ibc Grand r.vcr, mny be cn-
Urf«d «o w to make it of the ordinnrT «»«e of the cnnal,
Pmvitioas for enm|iensjtin<c the owners of lanJs by arbitration;
tbe mode oi proceed in* therein, - - • -
The NiasErfra Ciinal Company incorporated,
Their-p^wers an I privilrsc*; m ly have a omfn'-n seal, an 1 h*»!d
ftQd dispose cf re il est..le i r the n»e of thi oropony, •
Mayexp'.ore a rou'c f »r AC^ial r>.- bialniv.j ili >n, t.Mm the Wel-
Und caoal, behiw the m-mltin riJjrp, to t.je tnv : of Ni i^arn,
Capiul not t«» exceed £2\00J, in s!.arcH « f iJli If)- eai-h.
Direct irs to be tlir^x in niim-ic. ; h w t > l>.i ch s>«:i; wh-i may
make by-'awt, . . ^ - . -
Prn>is on f T c »»npeT« itin.» th2 W.-lhiud Can.d C'»mi.i-»y f- r the
water t« be t:i!cin f.)r the branch canil, by arl>:i;atif.n; five per-
sons to c cbng.n, ------
Welland C^nal C rapany may decline to accept the RnmawarJed.
in which case the company and Mtock th ft r^Dy created to marge
io the WeJiatuI Canal C -miMn v ; p.- ivision f.iV tint coiiinsfcncy,
Pit>ri«»«n ttB to thee mmcncement u:iJ nropleti >nof ih3 wrrk by
the Welland Canaf C^mpt.nv, in casu th^y »h.iu)d ns.umc it,
Cenel may be enlarged fir ship n.»vi^:iti(>n, - - .
Period within wh\ch the Niaijara Cinal Cf»m;»any su'tscrlbers
must pay twenty -five parce:it. to the bank of (jpperC.ma Ja.on
•ecoQQt of the WrlKind Canal C >mpany, to arail theaiielvcs cf
tho benefits of t.iis e^t, • - - . -
Provision fV c»mi^iaAiin.:» thi owner* of laadi fir property ta-
ken aad dainaj^ei, to be ascertained by urbitratioa ; connpcnsa-
tioo to be |iaid t » the arbitratom, ....
Not more than five directors tn bo ch-wen annuilly by ths sfick-
holders, and two by the hnuic of ns^embly, (solon^ as the
stock »ball be held therein on b:^>half of th > g >venimr'it.) ib.
Certain persons appointed as directors ftir the present yenr« ib.
Tbe president and directors to lay bef.irc th.: tez slatnre annually,
accounts in detail of their rc::uipts and cKOPiditures, - i*^.
£23.030 granted in aid of th2 fa id ^ of the Well m J caial, to be
raised by debentares, which arc to be chargeable up m the pub-
lic funds of the province, . . - - . 517-18
Limitation of th.'> ex icn litii-i* of thi«i tyrant t.i particular purpa-
BM, - - - - - ' - - 618
PrOTisioDs contained in 7lh Go IV, c 20, reVtive to dsbentnrs
issued by the receiver general, to bj in f.iruu uith regard to
those issued nndar this act, - - - ib.
CoMBpany t> give bm.U to thi rsceivsr gcieral fir all sums ad-
TaoceJ; aai whea sach are paid ot?, receiver general to give
receipts fir the money, - - . - . sij
Application of sash mnnics, when paid; how tr> be amounted
for, •----•- - ib-
Company may make a towing path along the Niagara river to the
Deep cut, - - - - - - - ib.
Robert Randst appointed n commissioner, s]>eeiaily to examine
' ceilain parts rt the canal, as to its sutlicienCy an.l certain al-
terations eontemp atcd, and rcpnrt his opinio;) tbercon to the
lieutenant governor, for the infornwtion of the legislatn-c, CI9
To be remanemted by the lieutenant governor tor his trouble and
expenses therein, - - - - - . .- 5>)
Act authortzing further aid to the company of £50,0J0, - C63
The receiver general to issue tn the company the de*>cntores of
the province for that sum, on their executing a bond, in duo
form of law, fir the putictual payment of suMi sum and inte-
rest, as sfcrall be issued under Ih.s act fnr their ticnefit, and a
worlgageon the tolls of th-^i said canal, as a collat -ml security
for the performance of the condition ot the s tid bond,
The said aranunt to be issued to them in snin^ not less than JS200
eaeh, as maybe required by the direct >r»«; pav.ible to the
order of the said company, at the expiration ot twenty-five
J ears from thepassingof this act, with interest at the rate of
ve per cent, payable hull' yearly at thu city of London, at such
plaee as shall be named by the president lor the time being,
and published in two newspapers of the said cit}* at least three
months before such interest becomes due,
If the pUce of payment chnn'^ed, notice to be given thereof in
like manner, ......
No part of this money to be expendvd, but fr.r the purpose of
finishing the cana!, .....
Such debentures to be charged on the general revenues of the
prorince, ,..-.--
Directors to appropriate tolls for the payment cf the interest on
the dcbenture^t, ......
In case of default of payment of the interest and |irineipn1, when
doe, the canal may be taken pcsscssion of, for the u»c of his
Majesty,
Personal security to be given to the satisfaction of the lieutenant
governor, to the amount of £25,0^0, (before any part nf the
i^50,0(K) shall be paid to the company.) (or the final com ;)le-
tion of the canal withjuL further aid, and for the payment of
one half of the above I nan and interest, ...
Company may extend their operations ta laUe Eric, aad improve
the Grand river below the dam, ....
J. Warren, P. Street, and D. Thorburn. named as arbitrators to
estimate the damages cLimcd by individuals with whom the
company cannot agree, .....
Arbitrators to be swom; their compensation, twenty shillings
per diem, for attendance, - - - - .
May tnilimon witnesses; ivho arc to be sworn; how U be paid
and by whom, ......
An aeeoont in detail, verified by the oath of the president and
■•^ta^ of the company, before a judge of K. B. to be laid
MMn the legislative council and house of assembly,
Page.
)
201
»t,270
210
ib.
WELLINGTON, TOWNSHIP OF, (n m DimMT i
Formed,
WE.VX WORTH, COUNrV OF
Formed, ....-•
Representation of, provided for, ...
WESTERV DISraiCT-
Hurt'toftre Ciilifd the district of HcHsc, ... $3
Ga.'.l and court h u»i: l.» be trcrt.d therein, - - H
Coniji'scl I f the c u .tits«»f K»-eK and Ken*. - - S4
Shcr^nr of, t.^ rclur.i a p.inncl of jur. rs f « r tin* trial fjf causes at
till- assizes, al staled pcri.id>, w.lliou* any venire facias for that
pu.-p.n» •,.----.- €B
AMo;vficc to the fcberifT o*", - - . . . 123
£i.O )>) granted to cnTt a ga'l in the district, • - I8S
£1.1«X) graalcd in Ai^V), towards thj impn^vemeot cf roads, &c. 6Xi
£17K) d.. inldll, d.» - - - 676
The unexpended- mou.u» of 1330 authorized to be laid out, 6^0
WHISKEY.
Dulles on th\t imported fron the Unit;d States, appropriated to
pay the dnbtand interest of the loan to pay the suTercrs darmg
th2 late war, .--... ^35
WHITE, JOHN
A pension of £20 per annum, daring life, granted t» hin, S12
WHOLESALE LICENSES.
WIDOWS.
i$?e Pensions.)
WILLS.
Nuncupative pr.orision for the registry ofa - • - 49
{See Probjte and Surrogate.)
WILL,
Of W. Weekes, esquire, btc of York: certaia tnittees appoiAt-
cd to carry into cUiect the provlsior.* of, - - . SII
WITNESSED.
Bound to obey the summons of the commissionerv under heir
and devisee acts, ------ 114
Cost to be allowed to, and how recovered, if not paid, - 116
Aii^aiiist felons in the O.tawa district, how to be buand, - 192
C.omroissMiua uijy issus for the examination of (hose eced, in-
firm, or abr.ut t) leave mc pi\/ »«•*»,. ... 291
Exceptions t:i the admission uf wuch teetlmwuj^ > - ib.
WOLFE ISLAND, TOW.NSHIP O?
Formed, ----•.. gf
WOLVES.
Persons killing wolves to be entitled to twenty shillings eaeh,
u;>on producing a certificate from a magistrate; tu be paid by
tne treasurer of the respssUvc distriets, > . 533
Treasurers to pay the bounty, on production of the certificate, if
they have siifiicient funds, - * <- - ib.
TreasurerH not tj pay b:>unties until certaia other expcasee of
-thtfdisiriet bare bettn defrayed,. • « :«. '. -..i- .v^
Certificates to be a legal tender in payment of aaaeeatteoCe n
certain cases, ...... ^
Collecliir bound to receive it, and may claim a credit thftreealbr
its amnunt with the treasurer, ----&•
WOME.V.
(&v'e AlMTted Hcmtiuy
WOODEN OR STE.\M STILLS.
{Ssc SMls.)
WOOLWICH, TOWNSHIP OF, (t.^ rnr DrsTatcr or Goax.)
Formed, -------201
WRITS.
Original process in K. D. to be a ca. ad tce- tested ia (he mme
ot the chief justice or senior iHilsne judge for the time bein^, 2BI
Fonn of !,ujh Avrit, .-.-.- ft.
No writ agHTst lands to be issued until after the return of tbe
wr.t aga.nst g.»o(1:j, &c. shall have been returned, - 99
Lands not t.> ha inelnJcd in the same wri* with goods, &c. ih.
Fi. U. against lands nol to be returnable in less than twdra
months from the teste thereof; nor sold until after twelve
montbs fr.»m the receipt of the writ by the sheriff, - ib.
Of exigent and outlawry, forms cf, . - - . I83M
Of election for members of theh.>nse of assemblr, to be issued Vy
the governor. &c. under the 31st Geo. Ill, c Sfl, s 18, p 15, 2»
What shall be swom t', in order toobtain a ca. ad ret. bailable, 289
A(fi iavit necessary to ootnin a detaining warrant, - - Wt
Form of tticsummms in the district court, - - S5
Of assist an re mav be crni'rtcd, to search for asdteize coatrabaad
gor.ds. (imperial ticl,Glh Geo. IV, c 114,) - . 05
{See K'Terutionj puttaiery.)
YONGE CREEX.
A bridge to be erected over, ..... fl9
YONGE, TOWNSniP 07
Act to correct a survey of the fifth concession thereof,
YORK, COUNTY OF
Formed into ao east and west riding.
Certain new townships added thereto^
iSee ProdamaUon, p. 26.)
531
81
270
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boss TO THS VVPEM CANADA StATOTSS.
6S7
Ptift
TORK. TOWN OP
Polict tlMrvin Mt«bliflif>d«
V^nwn nf tke J««tic«t thertin, ....
Chrk of the peace to make oat an atMitment for the imis^i|of
the i«fii of £ltK) annually. ...
May eiaet fines for breach of uneh re|;ahtioBi ae they may make,
BoC to exceed forty •hllinfi for a<iy one offence,
8«eh ralec befttrc in force moct have heen paSlUhed, and also
poated up in three or more imMic places in the town,
The treatiirer, collector, and clerk of the peace, to be entitled to
the same fee* for the dntiei impneed by this act, as are paid to
tiM saaM offiean nnder any aMessment law of the province,
TORK, MARKET, IN THE TOWN OP
Eitablishcd, 180
P«*wers and dntlet of the ja«tieet therein, - . • ib.
Market sqnara in the town vetted in certain tmeteet; to wit,
tha chareh and town wardens, - - - - 6S7
Powar to laaee the market square in parcels, ib.
Money ariatng from leases how to i>e applied, ib.
Nnpiveentleaca to he avoided by this act, ... ib.
8choelloith«relav«ctadiathatnutaesoftba«oBmoiitehool, ib.
210
211
ib.
ib.
ib.
YORK, PUBkTC BURIAL GROUND AT ' ^**'
Certain trastees aathorised to hold land for the use of, 428
YORK, PORT OP
CerUia tonnage duties imposed on vessels entering there, for tha
repairs of the light hiuse un Gibraltar p.iint, and for other
purposes, ----... 409
YORK PRESBYTERIAN SOCIETY.
Certain tnistees authorixed to hold lands in the town of York for
the use of, - - - - ^ - 833
YORK, ROMAN CATHOLIC CONGRRGATION 07
Certain trustees thereof may sell lanijs now hski, and purchase
other land for the like purposes, .... 237
YORK HOSPITAL.
£10 1 grjuite 1 tn aid of the funds of, ... Ml
A further aum nf jCIOil granted fnrthe like purpose, - 692
Atk Mem.—\n the inantinal reference to the first act, referring to
the Ut Will. IV, c 21. p. 8»2, it ii rrmneously sUtedthat the
grant was J^lfi'M: it should be JCIOO only.
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INDEX TO THB BRITISH (STATVTEtS.
VTAc act9 of the Impti^aX Parliament and ProeJamaiioni affecting Upper Canada^ pa9»edprtviou$ to the year 1792, art placed at the commmctmetd
ilfthis voftmr, before the acte x^ the Provineiai Parliament; and all other*, paeeedfrom time to tisne, art to he found tfitr thou oetM, at At Imti^
^nd qfthe book.']
ib.
610
Page.
ARBITRATORS.
To a&certaiu the proiiortioa of dulict between Upper and Lower
CaiuuU; their mnae of appMKlqtent, ... 606
Thdr powers and duties in lafklHr their award, 607
Award, that between Ut July, T819, and Itt Jaly, 1824, the pro-
Jiortion to Upper Canada, ono fifth, ... 606
ier lat July, 18^ the proportion to be determined by the ar-
bitrator* aa before mentioned, .... ib.
Award to be made every four years, - - - fb.
Proportion hereby established to be paid until a new one is made, ib.
Proportion of duties under 14th Geo. Ill, c 38, how to be allotted^ ib.
Duties imposed by Lower Canada, to remain in force till repealed
or altered by a legislatiye act of that pravince, - - 609
IThbe trawnattled to the governor of Upper Canada and then laid
btfore the imperial parliament, and attented to by hie Maietty.}
No act of the legislature of Lower Canada imposing new duties,
Afiecting Upper Canada, to be valid, until laid before tiie impe-
rial parliament, and a copy thereof transmitted within one
montn to the governor, &c. of Upper Canada,
When the legislature of Upper Canada concur in such intended
lUSt, and signify the same through the governor, &c- it need
not be transmitted to be laid before the imperial parliament.
Boats and other craft belonging to his Majesty** subjects in Up*
per Canada, may go from Upper to Lower Canada, (not laden
with foreign productions,) without being subject to any duty, ib.
How the expenses of improving the navigation shall be paid, ib.
Powers of the arbitrators not affected by 7th Geo. IV, c 48, 640
BRITISH SHIPPING AND NAVIGATION.
Act for the enconragement of, to commence after 5th June, 1826, 621
Europe; enumerated goods for home uses, to be imported in Bri-
tish ships, or ships of the country of which the goods are the
produce^ or of the place from whence the j^oods are imported, 622
Goods, the produce of Asia, Africa, or America, may not be im-
ported from Europe, except in certain cases.
Nor in foreign ships, except in certain cases.
Goods to be deemed the produce of the country where manu-
factured, - - , -
From Guernsey, &c. in Britiih ships, - - -
Exports to Asia, Sic and to Guemsev, &c. in British ships,
Coastwise, and between Guernsey, kc. in British ships,
Between British possessions in Asia, Africa, and America, in
British ships, - - - ,
Between British possessions in America and other places in
America, ....-.-
No ship British, unless registered and yavigated as such,
To be navigated by British master, and three fourths British
«««IU««U, ______
In coasting trade, or Guernsey, &c. or British coasts' fisheries,
all to be British seamen, . . . . -
All vessels under fifteen tons* burthen, admitted in navigation
upon rivers, &c., ...--.
Honduras ships to be as British, in trade with the United King-
dom, --,.---
Ship of any foreign country to be of the built of, or prize to such
country; or British bniu and navigated by master and seamen
(three fourths) of the country, and owned by subjects of the
country,
Mastera and seamen not British, unless natural born or natura-
lized, or denizens, or subjects by conquest or cession, or have
served in his Majesty *.<i ships of war, - - - ^
Foreigners having served two years on board of his Majesty *s
ships during war, to he consiciercd British seamen,
British ship not to depart from a British port without British
crew, except British negroes in America, or lascars in In-
dia, --------
If excess of foreign seamen, penalty £40 for each, except Bri-
tish seamen cannot be procured in foreign ports, or in India; or
proportion destroyed unavoidably, and certificate produced or
proof made, ......
Proportion of seamen may be altered hj proclamation, '
Gooils proV.'bited onljr by the navigation law, may be imported
for exportation, and if imported contrary to the law of naviga-
tion, to be forfeited, and the master subject to a penalty,
Certain privileges granted to foreign ships ^by 6th Geo. IV, c
114,) limited to the shins of those countries which, having
colonial possessions, shall grant the like privileges to British
ships, &e., - - - . - . - <
ib.
ib.
624
ib.
ib.
Foreign ships trading between the British poa««s«iMM and other
places in America, to be deemed ehipa of the plaee to which
they belong, until 24th June, 1832, - • fift
What vessels shall be deemed British on the lakes of Amofiea. 681
8hi|>a built prior to Itt January, 1816, deemed Britiah eli^
wit%in certain limits, ..... flgg
Small vessels importing prohibited goods, forfeited, - 64t
BEEP AND PORK, SALTED.
May be imported into Canada for exportatiou to Newfenndlaad, 640
May be imported into Canada on nayment of a duty, - 64t
Duties thereon repealed after 16tn April, 1831, 647
CANADA COMPANY.
Act of incorporation, ..... Qg
If his Majesty shall grant a charter, the company may hQldlaada, ih.
His Majesty may sell to the company the land callea elergy ro-
serves, ------- ih.
His Majesty may substitute other laud for the laada called tHorgj
reserves, -.----- gig
Shares in the company to be deemed personal estate, - ih.
Subscribers to fbrAstt their •hares, in de&olt of payment of calls, ib.
Shares not to be sold till calls paid, - . - . ih.
Company mrjr hold lands in an v part of his Majesty's dominions, 610
Limiution of the value of the unds to be purchased, ib.
Form of the conveyance of lands under the charter, - ib.
Or by attomies, ------ 544
Charter to be verified and registered; act declared public, 610
Company, by warrant of attorney, may appoint persons being in
U. C. to execute conveyances m the name of tne company, 644
Form of such conveyance, - - - - ' - lb.
Company may revoke such warrants of attorney, and grant others, 646
Conveyances not to be subject to stamp duties, - • ib.
Seal or the company affixed to any deed, to be sufficient evidence
of its execution, ...... fh.
Artificers, &c. may bind themselves to serve the company for a
certain period, ..-.-. ^,
Any two or more justices of the peace may impose fines for ill
behaviour of artificers. &c. not to exceed nfty pounds, and
may award execution tnereon; or by arrest of the person of the
offender,and imprisonment,not ezceedin|^ three calendar months, it.
Act not to prevent his Majesty from altering the letters patent to
the com|Mmy, -.---. ft.
CLERGY.
His Majesty authorized to make proviaion for the support of a
protestant clersj, in the province of <luebec, - 7
As to the rights oT the Roman Catholic clergy, sea p. 7, and Slat
Geo. III. c 81, p. la
His Majesty mayauthorixethe governor, &c. to make alkitmenta
of land for the support of a protestant elergy in each province, 19
Governor, &c. empowered to sell part of the deigy raaeryee in
Canada, -....-- ^^
Limitation of the quantity to be sold, not to exceed 100,000 acres
in any one year, ----_. jn^
Money to be invested in the funds, and the dividends and interutt
applied in improving the remainder, ... j^.
Governor, &c. may grant or accept lands in exchange for olergy
reserves, ------- j^^
{See ZUt Geo, /7/, c 31, js. 19.)
DEBTS.
Act for the more easy recovery of debts in his Majeety's planta-
tions and colonies in America, - - • . ^
After 29th September, 1782, plantation debts may be proved in the
U. K. on oath before a chief magistrate, • ib.
Debts to his Majesty may be proved in the like manner, • ib.
False oath or affirmation declared peijury, • - - 9
Lands, houses, negroes, &o. in the plantations, liable to satisfy
debts, ib.
DUTIES, &c.
Goods of the produce of the United States, enumerated in sche*
dule A, p. oil, may be imported into either of the proyint^s of
Lower or Upper Canada, ----- 9Qg
Governor, Itc. may increase or diminish the number of the porta
of entry, ------- fb.
Where any article is liable to a colonial duty, equal to or exceed-
ing the one imposed by a British act, such article shall not be
charged with tne duty; if the duty be less, the dilTerence enW
shalinbe paid, - - - - 604
92
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Index to the British Statutes.
ToBMf^t duty on American r«i«eli to^ the tame m the United
Statea impose on Britich venMli, ... 604
Vadue of roods to be Mceilhlnea in the mode prescribed % the
3d Geo. IV, c 44, »^ ».
If payment of duties be refused, collector may aecorethe goods,
and sell the same within tw«ityd4yi> ... ib.
After payment of duty, overplus to pe paid to the importer, • ib.
49th Geo. Ill, c 16, alloiring the importation of rum, repealed, ib.
Additional doty of six pence per gallon on West India mm, im-
ported into Lower Canada, from the United Kin^om, &c., ib.
Value of duties and application of the monies ariemsr thereby, 605
Goods, the produce ol nis Majesty's dominions, may oe exported
to any port in the United Slnttti; bat na arva or naral atorea
to be exported without a license, ... ib.
Not to affect the inland navieatioo of the provinces, or any of the
provisions of the 7th and 9th Wil. Ill, c 22, except as altered
oy this act, - - - - - - ib.
Recovery and application of penalties, ... ib.
DrawbacK on the exportation of rum and spirits from Newfound'
Umd, &e. to Canada, 606, <a7
Conditions on which the drawback shall be ^d, and how payable, 606
As to the mode of ascertaining the proportion of duties between
Lower and Upper Canada, {tee Arbitratort.)
Table of duties referred to under this act, - - • 611
Aet lii»r further regulating the trade of his Majesty's possessions
in America and the West Indies, and for the warehousiog
goods therein, ------ 618
RMitingSd Geo. IV, c 44; intereoarse with Ameriea, - ib.
Reciting Sd Geo. IV. c 45; intercourse with Europe, - 614
Certain schedules of goods and duties imposed br recited acts,
or by 4th Geo. IV, c 2, repeated, (except as to Kewfimadland,) Jb.
AH fioods may be imported from America, Europe, or Africa, Itc.
suDject to tho powera in the acts 4Ui Geo. IV, o 77, and 5th
Geo. IV, c I, ib.
Certain articles prohibited, ..... ib.
Foreign coffee, &c. may bo imported into North America, ib.
New outies, according to the schedule to this act annexed, 615
Abatingtheamouotof any prerious duties, - - ib.
Duties to be levied under powers of former acts, - - ib.
Exportation to Europe, &c. in ships of the place of destination^ ib.
Power to prohibit trade with countries not granting similar pri-
vileges, -...-.. ib.
4th Geo. IV, e ^, as relates to goods in sched^iltt B. warehoused
and exported to British possessions in America, repealed, ib.
Certain free ports named, and such others as his Majesty may
appoint, -.----- 615
Collectors and controllers to appoint warehouses, - ib.
Goods may be warehoused without pajment of duty, - ib.
Stowage of goods in warehouse; lockincand opening warehouse, ib.
Carrying goods to and from warehouse; Dond upon entry of good i
therein, -.-.-.- 616
Purchaser of goods may gire bond in Hen of ori^a] bond, ib.
Goods entered to be warehoused, and not deposited, &c. to be
forfeited, .-.---- ib.
Account of goods to be taken on landing, ... ib.
ffo goods to M taken out of warehouse except on entry. &e., ib.
Duties to bo paid on deficiences; samples maybe taken, and
gixkis may be sorted and repacked, ... ib.
IVnole packages may he abandoned for doty, - - ib.
All goods to be cleared within two years, or sold, - ib.
Further time may be granted, . - - . ib.
Bond on entry for exportation, - - - - 617
His Majesty may appoint other free ports, ... ib.
Kot to afllect the trade or fisheries or Newfoundland, - ib.
Table of duties, .--.-- ib.
Act to regulate the trade of the British possessions abroad; to
commence on 5th January, 1828, .... 624
Importation and exportation of goods confined to free ports, ib.
And if inuwrled contrary to sueh prohibition, to be forfeited, 640
Table of free ports, .... 616, 625, 632, 643
Goods prohibited or restricted to be irop<irted into the colonies, 625
IVsUe of such prohibitions and restrictions, - - 626
Uooda imported contrary hereto, forfeited, • - ib.
Coffee, &c. though British, deemed foreign in certain cases, ib.
TiM prohibition as respects the importation of beef, pork, eoeoa
nuts, coffee, sugar, molasses, or rum, into any of the freo ware-
hiHtsing ports for exportation only, repealed, - - 612
Table of duties on importation into any British possessions in
America, 626,648
Act not to repeal the 18th Geo. Ill, c 12. nor to repeal duties
granted prior to that act, nor to repeal list Geo. Ill, e 81, 627
Duties imposed by acts prior to 18th Geo. Ill, c 12, to be applied
to the purposes of thoso acts, .... ib.
AM duties declared to be in sterling money of Great Britain, and
nwy be received and taken in money of the ooontrv-, in the
proportion and value of five shiilhigs and six pence the onnftc
in sdrer; and to bo estimated by the British weights and mea-
aures in use at the time of the passing of this aet, (5th July,
IW») -.-.--- ib.
Duties to be paid by collectors of customs to the receiver general
of the colony in which levied, .... ib.
Drawback on mm, &c. of British possessions exported from New-
foundland to Canada, &c., - - - - . ib.
Limitation as to the drawback, .... ^28
Ship and caigo to be reported on arrival; particulars of such .re-
port, - - . - - . - - ib.
Penalty for false report; entry outwards of ship and caigo, ib.
Particulars of such entry; penalty for neglect, £50, • ib.
Contents of the cargo to be delivered berore departure, - ib.
Clearance of ship for tho i^oyage; penalty for not clearing, £100, ib.
Newfonndland fishing certiAcateii, in lieu of clearance during the
fishing season, ...... ib.
i
AA thm end of lUm season, certificates to be given up, %<|
Ships trading, to forfi^|^ their certificate, and be snbgect to other
restrictions, ...... jj,
Entry of goods to bo laden or unladen, ... j^
Regulations inwards, outwards, and ceastwise, • i\,.
Forfeitures thereiu, ...... ji,^
Particulars of entries of goods inwards and outwards, • ib.
Ebtrv inwards by.bill of sight, .... i^
Witnin three days after landing of goods, entiy to be made and
duties to be paid, ...... w,^
Goods subject to an ad valorem duty; value to be declared on
entry, Jb
Ajfm of the deelamtion, ..... ib.
oKde of proceeding, if goods be undervalued; proof of invoice
price, --.---. 630
If necessary, two persons may be nominated, to fix the price, ib.
If importer refuse to pay sucn duty, the goods may be sold, ib.
If goods not entered in twenty days, the officer may land, Mid se-
cure them ; and if duties be not paid in three iiionths, g;oods to
be sold, ....... ib.
Goods imported from thsi United Kingdom, or British posses-
sions, must appear in cocket,&c., - - - ib.
Entiy not to be valid, if goods be not properiy described in it, ib.
Certificate of production for sugar, coffee, coeeanrts, spirits, or
mahogany; oath of the grawer, - - - - ib.
Oaths of the exporter and th0VM|er, - - - 691
Certificate of production on rjBHPbrtatioa finom another cohmy, ib.
Goods brought over land or by inland ncrigatioa, • - ib.
What vessels shall be deemed British on the lakes in America, ib.
Goods must be brought to a place where there is a custom house, ib.
Governor, &c. may aD[K>int custom houses, ... ib.
Duties to be collected in the same manner as on goods imported
b^sea, -..--.. ib.
Duties in Canada on American boats the same as in Che United
States on British boats, ..... 6S2
Certain ports declared to be free warehousiBg ports, - ib.
Goods m^ be warehoused without payment of duty, - ib.
Mode of keeping goods therein and removing the same, - ib.
Bond to be given ujpon entry of roods to be warehoused, ib.
Purchaser of goods may gire bonds in lieu of tiiose otigiaafly
given, -.-...- ib.
Goods not duly warehoused, fcc to be forfeited, • ib.
Account of goods to be taken on landing, ... 60
No goods to be taken out without entry, - . - ib.
. Deiioiencies to be aseertained; duties to be paid thereon, ib.
Samples may be taken; goods iiciayl>e sorted and repacked, ib.
Duty due on the first Quantity, .... ib.
Whole nackages may oe abandoned ibr daty, - • ib.
All gooas to be cleared within two years, or sold, - - ib.
- Further time may however be granted by the ofileer in charge, ib.
Bond on entry for exportation, .... ib.
Power to appoint other free ports by his Majesty, - - ib.
Goods from Mauritius liable to the same duties and regulations
as West India goods, .... - ib.
Dutch proprietors in Demarara, Esseqniho, and Bciiriee, Bsay sup-
ply their estates from Holland, - > - , . 6U
Dutch proprietors may not export to the United Kingdom or colo-
nies, .--..*. ib.
What persons shall be deemed Dutch proprietors; of estates and
holders of mortgages^ ..... ib.
No thip to sail from Saint Domingo to Jamaica, or firom Jamaica
to Saint Domingo, ...... ib.
Colonial laws repugnant to any act of the imperial periiament, to
be null and void, ...... ib.
CMficers may board ships hovering on the coast, - - ib.
Forfeiture of vessels, carriages, &c. removing goods liable to for-
feiture; goods, vessels, he. so liable may be seised l^ officers, 685
Writ of assistance to search for and seize goods liable to forfei-
ture; obstruction of officers by force, Kow punished, - ib.
Goods seized to be secured at the next eustom house, • ib.
Goods seized to be sold at auction, .... ib.
Jurisdiction for prosecution of seisares and penalties, - ib.
Bail mav be given for ^oodt or ships seised, - - (06
Suits to be commenced in the name of the officers of costooss, &c. ib.
Onus proband! to lie on the claimant, and not on the officer, ib.
Claim to thitifr seized to be entered in the name of the owner, and
persons swearing falsely to be deemed guilty of a misdemeanor, ib.
No perKon .idmitted to enter a claim for any thing seized, unless
security first given, - - - . . ib.
A month%i notice to be given to the officer, of any action to be
brought against him; certain rules to be observed theraia, ib.
Actions to be brought within three months from the cause of them, ib.
Judge may certify probable cause of seizure, - - ib.
Oflicer may tender amends, • - - . . SSI
Judge may certify probable cause of action, . - ib.
Recovery and a])pltcatfon of penalties, ... ib.
Limitation of suits and appeals, - . . . ib.
Persons authorized to mafce seizures under 5th Geo. IT, c 113, to
have the benefit of this act; application of penalties under that
act, - ib.
The King may regulate the trade to the cape of Good Hope, See. ib.
Bast India company may carry £[oods from India to the colonies, BS8
Private persons may trade to China, or iu tea, having li'eeiwe from
the company, but limited to the snpply of the colonies, ib.
Certificate of the production of East Indua sugar, - • . ib.
Not to alter or repeal the act, 87th Geo. Ill, c 117, - ib.
Shifw built prior to 1st January, 1816, deemed British ahips
within certain limits, ..... jb
Certificate of production of cape wine, ... ib
Certificate of production of goods in Gtiemsey, &e.. - ib
Tea and tobacco may not be imported into Gucnisey, fro, except
from the United Kingdom, - ... . ib.
Digitized by v:jOOQIC
(ndsx to tki: British Statutes.
691
Pagi.
OuersMy, ke. toanAge of shiiM uid paeka^ of mod$, vis.: tpi-
rit«, one hundred tona uul forty gtlitoa*, • ^ - - * ' 689
^Tobacco, one hundred ton!« and four huacted and fifty pounds, ib.
\Vine, sixty torn and tirenty nallonii,
Mot to extend to reMfelt often tons, supplying
having license to do kg, >
'Wine may be imported into Guernsey, Ite. in
On exportation ol wine in bottler, bond to be t
\Vine, sixty tons and tarenty gallons, • - - . ib.
Mot to extend to re«»ls often tons, supplying tlie iskad of Saric,
ib.
I oasea, - ib.
I exportation of wine in bottler, bond to be giren, • ib.
Penalt;^ on persons found on board Teasels liable to forfeiture,
'withm one league of Guernsey, 3cc. ... ib.
British coals not to be re-exported from British poesassions, 640
t>ttty on ram or spirits imported from the West Indies to Canada, ib.
Certain good* brought inland into Canada for exportation, ib.
I>uty oo wheat flour imported from a warehouse direct to fli^
British possession in the West Indies or South America, liamc
to a duty of one shiiUng per b.trrel only, instead of five shillings,
an per Ubie, p. 626, 640
Ooods not deemed the produce of the United Kiagdom, fte. un*
less Imported direct, ..... 642
Prohibition respecting the importation of beef and pork, repealed, ib.
1'abie of new duties, ..... 648
Spirits of the West Indies from one cokmy in North America to
another, ....... ib.
Wine in casks from OibralCar, or in bottles from the United King-
dom, - - - . . - ib.
Maata, Ice. from Canada deemed the pndnee of Canada, - ib.
Masts, timber, staves, wood hoops, ihragles, lathwood, cord wood
for fuel, raw hides, tallow, fresh meat, fresh fish, horses, cai>
riages, and equipages of travellers, may be imported duty free, ib.
Kingston, in U. C. and Montreal, in L. C tobeipirehousingports
in eartain eases, ...... ib.
Cktods passed from frontier ports to warehoose ports, - ib.
IPVarehottsedgioods removed to another port, - ib.
Small vessels importingprohibited gooas, forfeited, - ib.
Repeal of duties on the importation of com, ftc. into the Brftith
Dossessions in America, after 15th April, 1831, - - 647
Also ett the importation of com or gnun, ungrooad; of meal or
floor, not made of wheat; of bread, biscuit, riee» or Uto stook,
repealed, -...-.. ib.
Also 4MI wheatfloor, or of beef, pork, haaks, or bacon, or of wood
or lumber, .-.---. ib.
Duties on the importation of wood or lumber into Nova Scotia,
New Brunswick, or Prince Edward's island, repealed, ^ - ib.
And also the duties on the importation of wheat flour, beef, pork,
hams, or bacon, or upon w<M>d or lumber, into any British pos-
sasaiena in South America or the West Indies, from aay JUsCish *
possessions io North America, repealed, - - ib.
Duties of importation upon lumber from any foreign countir into
the West Indies, &e. as per Uble, ... 648
Duties how levied and collected, .... ib.
FREE PORTS.
Certain ports declared to be free ports, - 615, 625, 632
His Majesty may extend the privileges to other ports not herein
enumerated, ...... 62S
Kingston, in U. C. and Montreal, in L. C declared to be ware-
housing ports in certain eases, .... 648 |
Importation |nd exportation of goods confined to free ports, 625
And if imported contrary to such prohibition, to be forfeited, 640
His Migesty empowered to appoint other free ports, - 688
HOUSE OF ASSEMBLY.
Members of, how chosen, .... 14, 16, 17
LANDS,
In Upper Canada, to be granted in free and eommoa sooeage; and
also in Lower Canada, if desired, ... 20
Persona holding lands in Upper Canada may have fresh grantr, ib.
Stieh fresh i^rants not to bar any right or title to the laa(b, 21
I^ands held in fief and seignory may, on petition of owners to his
M^eaty, &c, be changed to the tenure of free and common
soeca|^, ....... 610
Hia Migestj may commute with i>ersons holding landa at eena et
rentes, ....... ib.
LEGISLATIVE COUNCIL.
Members of, how appointed.
8,12,13,611
LUMBER.
Duties on importation, ....
Masts, &c. from Canada, deemed the produce of Canada,
Masts, &c. brotiaht inland duty free.
643
ib.
After Ifith April, 1831, the duties on all descriptions of lumber into
CaiMa, New Brunswick. Sto. repealed, ... 647
Duties on the importati<m of certain kinds of lumber into the West
Indies, as per table, 618
NEWSPAPERS,
And printed votes and proceedings in parliament, may be sent
from Great Britain and Ireland to any British colony, on pay-
ment of one penny half penny per each paper, - - 611
Papers, &c. lisble to stamp duty to be put into the post office at
any town or place in Great Britain, on the day of publication, 612
Newspapers printed in the colonies may be conveyed to Great
Britain and Ireland, on payment of the sura of three pence each,
I. by the jperson to whom addressed, to be sent without a cover,
or if with cover, to bo open at the sides, - - ib.
In case any writing or other thing shall be found enclosed in sneli
papers, tne packet shall be charged treble postage of a letter, ib.
Newspapers not put into the post offiee on the day of publication,
to b« ehan;ed with the |)ostageof a lettar, ib.
Papers published of a Sunday may be iput into the offiee on the
ensuing day, --..•.. ib.
Pestom^er general to make regulations as tothetimeof delirery, ib.
1 ^H*-
Persons not obliged to send aueh papera through the post office^
but in any way they may think t»t, - - - 612
Powers of acts relating W the cost ofilce extended to this act, ib.
Moniie arising by the postage, Io ba oarried to the consolidated
fund, --.-..-- ib.
- Compensation to be made to the oflicers of the post office having
the privilege of franking papera to the colonies, for the reduc*
tlon of their emoluments, ..... 61S
So much of the 42d Geo. 11^ c 63, as requires that newspapera
sent by the post free, should be signed on the outside by the
member of pirliament, &c. repealed, • . - ib.
Limitations ot actions; genera! issue may be pleaded, and treble
costs given, ...... jb.
OFFENCES,
Committed iu the Indian territories; how punished, - 22
PATENTS.
All powers vested in the governors of colonies, &c. by patent
or commission of his late Majesty, (Geo. lY,) to continue in
force until new patents shall be iisued and made known in such
colonies, .-.---. 647
Eztendinn;theperio<l at which patents shall become determinable,
at any future demise of the crown, to eighteen months, ib.
QUEBEC.
An act for making more cffi»otual provision for the gOTeniaien|
of the province of Quebec, in North America, • - "^ 6
The territories, islanda, and conatries, in North America, be-
loAhig to Great Britain, annexed to the prorlace of Quebec, 6, 7
Not to affect the boundaries of any other colony, nor to make
void other rights formerly granted, ... 7
Former proviaions made for the province to ba null and void, af.
terlstMay, 1775, - * ib.
Inhabitants of Quebec may profess the Romish religion, subject to
the King's supremacy, as by the 1st Eliz. and the clergy eajoy
their accustomed dues, ..... ib.
Provision mav be made by his Majasty for the rapport of the
protestant clergy, -..--. ib.
No person professing the Romish religion obliged to take the oath
1st Eliz., but to teke before the gOTernor, Itc. the foUowiag
oath; form thereof, ..... ib.
Persons refusing the oath, subject to the penalties by the act, 1st
Elia., -....-•- ib.
His MajestT*s Canadian subjects (religious orders exeepted) may
hold all their possessions, and in matters of controversy, recort
to be had to the laws of Canada for the decision, • 8
Not to extend to landl granted by his Majesty in common soceage, ib.
Owners of goods may dieaate the same by will, Iko. if executed
according to the lawa of Canada, .... jb.
Criminal law of fikigiand to be continued in the province, ib.
IThe \2ih, I3th, 14<S, and I5th elauaes reptaled by 81s< Qw. UL
c81,i>.12.]
All acts formerly made are heraby enforced within the province, 9
Ortain duties imposed by his most Christian Mi^esty upon rum,
brandy, ftc. imported into Quebec, al^er 5th April, 1776, to J>e
diaoontirtued within the provinee, and instead thereof, certain
other duties to be paid to his Majesty, ... jb.
Rates deemed sterling money of Great Britain, - - 10
How to be levied; to whom to be paid; and how applied, ib.
Regulations with respect to goods brought into theprovinoe,
cnargeablc with the duties before mentioned, - • ' ib.
Penalties and forfeitures where to be prosecuted, fcc. . ib.
Any person keeping a house of public entertainment to pay £1
168. sterting fMT a license, . • - . . ib.
Penalty of iClO for every offence :of aelling spirituous liquors
without license, - - - - - - 11
Not to make void French revenues, &c. reserved at the conquest, ib.
In suits brought pursuant to this act, defendant, if acqnitted, to
have treble costs, ...... ib.
No tax to be hereafter imposed by the King and parliament of
Great Britain on aay of the colonies iu North America or the
West Indies, except for tho regalation of commerce, ftc, ib.
So much of the act 7th Geo. Ill, as imposes a doty on tea import-
ed from Great Britain into America, repealed, (see 81st Geo.
Ill, 0 11, p. 21,) ib.
From 1st August, 1790, subjects of the United States of America
settling in the province of Quebec, &c. may import negroes,
&c. dutyfree, to the value herein specified, &c. - - 12
Sales of negroes, Sic. so imported within twelve months to be
void, - ----- ib.
All white persons comin||^ so to reside, to take the oath of allcgi-
giance, if upwards of lourieeu years old, - - ib.
So much of the 14th Geo, III, c ^, as relates to the appointment
of a council for Quebec, or its poweiv» repealed, - ib.
Province of Quebec to be dividea into two provinces, to be called
Upper aud Lower Canada, - - - ' - 13
Within each of the intended provinces J^. legislative council and
assembly to be constituted, bf whose advice his Majesty may
make laws for the government of the provinces, - ib.
His Majesty may auOioriae the i^ovemor, etc. of each province
lO summons members to the legislative council, - - ib.
No persons under twenty-one years of age, etc. to bo summoned, ib.
Persons naturalized in Upper Canada may be summoned to the
legislative council, and vote at elections, - - 641
No naturalization bill to have any ciTcct until it shall liave receiv-
ed his Majesty's assent, to be given within two years from tho
passing of such bill, ..... 15.
Members of the council to hold their seats for life, - 18
His Majesty may annex to hereditary titles of hon6r the r^t
of bebg summooed to the legislative council, > 13
Sueh descendible right forfeited, and seats in council vacated, in
certain cases, - • ' - 18, 14
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HereditmiT righU and leati «> forfeited or Taeated, to remua
•aspenacd during the lires of the paitiei; but on their deaths,
to go to the persons next en!f tkd thereto, - • 14
Seats in council and hereditary ^hts extinguished for treailn, ih.
Questions respecting the Hght to be soinmooed to the council, "
&:c. determined as herein mentioned. '. ' ' ^
The goremor, &c. of the province to appoint and remore the
speaker of the council, . - - . - ib.
His Majesty may authorise the pordhior, &c. to call together the
assembly, --..--, ib.
And for the purpose of electing members, to issue a proclamation,
dividing the province into districts, (see the proe/amatsoiu,
p. 23 and 24,) - - - - - - 15
Power of the goremor, &c. to appoint return ing^ officers lo con-
tinue two years from the commencement of this act, - ib.
No person obliged to serve as returning officer more than once,
unless otherwise provided for b^ an act of the province, ib.
Number of members in each province, ... Jb.
Regulations for the issuing writs for the election of members to
serve in the assemblies; returning officer to execute such
writs, ..-..-. ib.
By whom the members are to be chosen, ... ib.
Certain persons not eligible to the assemblies, • - 16
No person under twenty -one years of age to be capable of voting
or of being elected, (see 7th Geo. IVT c 68, p. 641,) - ib.
Nor any person attainted of treason or felony, - - ib.
Toters, il required, to take oath; form thereof, - - ib.
And to make oath to certain other particulars, - - ib.
His Majestv may authorise the governor, &c. to fix the ti^|kpwi
place for holdmg the elections ; and of holding the sesffMhs of
the council and assembly, ... - - ib.
Council and assembly to be called together once in twelva
months, &c. ...... ib.
And all questions therein to be decided by the majority of votes, 17
No memoerto sit until sworn; form of the oath, • • ib.
Governor, ucc. may give or withhold his Majesty's assent to bills
passed by the legislative council and assembly, or reserve them
tor his Majesty's pleasure, .... ib.
Governor, &c. to transmit to the secretary of state, copies of such
bills as have beeu assented to, which his Majesty in council
may declare his disallowance of, within two years from the
receipt thereof, - - - - - • ib.
Bills reserved for his Majesty's pleasure not to have any force till
his Majesty's assent be communicajled to the council and as-
sembly, etc. - - - " . - - - ib.
Laws in force at the commencement of this.act to conticue so, ex-
cept repealed or varied by it, etc. - - - 17, 18
Estaoliahment of a court of civil jurisdiction in each province, 18
14th Geo. HI, c 83: instructions of January 8,177o, to sir Guy
Carleton, and instructions to sir F. Haldimand and lord Dor-
ohester, recited, -.-... ib.
And the declaration and provisions therein, respecting the clergy
of the church of Rome, to oootiauo in force, - ib.
His Majesty's message to parliament, recited, • - ib.
His Majesty may anthorixe the governor, etc. to make allotments
of land for the support of a protestant clergy in each province,
and the rents arising from such allotments to be applicable to
that purpose only, ----.- 19
His Majesty may authorize the governor, etc. with the advice of
the executive council, to erect parsonages or rectories, and en-
dow them, .----.- ib.
And the governor, etc. to present incumbents to them, who are to
enjoy Uie same as incumbents in England, - - ib.
Presentations to parsonages, etc. and the enjoyment of them, to
be subject to tne jurisdiction granted to the bishop of Nova
Scotia, etc. ....--- ib.
Provisions respecting the allotment of lands for the support of a
firotestant clergy, etc. may be varied or repealed by toe legis-
ative council and assembly, - . ' . ' . 20
Acts of the legislative council and assembly containing provisions
to the effect herein mentioned, to be laid before parliament, pre-
vious to receiving his Majesty's assent, etc. - - ib.
Lands in Upper Canada to he granted in free and common soccage,
and also m Lower Canada, if desired, - - - ib.
Persons holding lands in Upper Canada may have fre«h grants, ib.
^eh fresh grants not to bar any right or title to the lands, 21
18tb Geo. n,c 12, p. ll» recited, .... ib.
• Pagl.
This act not toiaw i the operation of any act of parliaomit ea-
taMishing pfApitions or imputing duties for th« regulation of
navigation ancTeomiierce, etc. . - . . 21
Sac(i duties to be applied to the uses of the respective provinces, ib.
His Mi^esty in cnoncil to fix and declare mt commcnecaMot of
this act, --.-.-. ib.
Time for issuing the writs of summons and aleetion not to be later
than 31st December, 1792, .... ib.
Between the commencement of this act, and the hnt meeting of
the legislative council and assembly,temporary lawsmay bema^e, 23
Offences committed within any of the Indian territories, etc. shall
be tried in the same manner as if committed within the pro-
vinces of Lower or Upper Canada, ... ib.
tift governor of Lower Canada may enspower persons to act as
justices for the Indian territories, etc. for committing oflGmders,
till conveyed to Canada for trial, etc., ... ib.
Place and manner of trial uf such offenders, - • ib.
Offenders not being subjects. of his Majesty, and alao within the
limits of any European state, shall bo acquitted, • - tt
But subjects to his Majesty shall be tried, although offence be
committed in another European state, - • - ib.
Proclamation of lord Dorchester, dividing the province of Que-
bec into districts, -----. ib.
Proclamation of governor Simeoe, raakinjg a further divisiosi of
the province of Upper Canada into districts, • 94
Ordinances of the province of Quebec in force in Upper Canada, 2S
ROMAN CATHOLICS.
Inhabitants of Quebec may profess the Romish religion, subject
to the Kind's supremacy, as by the 1st Eliz. and tne clergy en-
joy their accustomed dues. - - " - - 7
No person profeiising the Romish religion obUged to take the
oath of 1st Eliz. but to take before the governor, etc. the fol-
lowing oath ; form thereof, .... ib.
Penalties on persons refusing to take such oath, • - ih.
SLAVES.
As to the importation of slaves, and the sale thereof by aettlen
from the United States, (see Quebec aet,) . - - 12
SPIRITS.
Certain duties imposed by his most Christian Majesty upon rem,
brandy, etc. imported itito the province of Quebec, after 5th
April, 1775, to be discontinued, and instead thereof certain other
duties to be paid to his Majesty, .... 9
UNITED STATES.
From 1st Auipist, 1790, subjects of the U. S. settling in the pro-
vince of Quebec, mav import negroes, etc. ^uty fret, to the
value therein spccifled[, etc., .... |2
Sale of negroes, etc., so imported within twelve aaonths, to be void. ib.
All white persons, so coming to reside, to take the oath of allegi-
ance, if over fourteen years old, - . . . ib.
Tonnage duties on American vessels to he the same as the U S.
impose on British vessels, - • - 604
The same regulation as to boats, - . - Q2
Goods, the produce of his Majesty's dominions, or any article le-
^Ilv imported into the province, may be exported to-^ny plaee
in the Lnited States, (excepting arms or naval stores,) 605
Small vessels, importing prohibited goods, to be forfittted, 6tt
WHEAT FLOUR.
Imported into Canada, to pay a duty of five shilUosn per barrel, fiSS
That has been warchousea at any free port in the British posses-
sions in North America, and exported direct from thence to any
British possession in the West Indies or South America, to pay
a duty of one shilling per barrel only, ... 040
Wheat brought into Canada for the purpose oi being warehonaed
at any warehousing port in the British possessions, or wheat al-
ready warehoused, may,instead of being forthwith lodged in sneh
warehouse, be delivered to the importer or proprietor thereof,
to be ground into flour, under condition by bond, to the aatii-
faction of the officers of the customs, to deliver at the ware-
house within three months, a barrel of good and merohantable
flour, for every five bushels of wheat so delivered; and such
flour so warehoused, shall be held to be flour imported and
warehoused under the conditions and regulations of the act, 6th
Geo. IV, c 114,11.624, 646
(Sm Ut IVtl. /T, c 24, p. 64.)
KRRATA.
188.—
8.— Ch. 8: Reference to the act repealed should he 4th Geo. IV, c 6,
instead of " 6th Geo." etc.
178.— In the marginal note at the end of ch. 9, " 1826** should be 1828.
199.— In ch. 17, the word " repeals" should be repealed by.
206.— Ch. 36: The first marginal note to this chapter should be divided
off into two separate notes.
224.— Ijast line of the page: 11th should be inserted before '*Geo. IV."
251 .—10th clause : Reference should be 4th Geo. IV, c 9, instead of c " 10."
256.- In the marginal note to ch. 18, should be 66th Geo. Ill, c 21, instead
nf"c22."
^1.— Gh. 6: Reference should be 45th Geo. Ill, c 2, instead of " 4th Geo."
91.— Marginal note to clause 18: *< defendant** should be <7'pail«nl.
Page.
390.— Ch. 36, 2d line: « fifty-eighth" should be^y-ninUi.
421. — The marginal note at the end of eh. 19, should be at the beginning
ofch. 20. . ^
449.— In the note to the 23d clause: ** 1827'* should be 1829.
474.— Ch. 16, appropriation for map, " £280" should be jCldOl
477.— Ch . 20 : Instead of, " Reserved for his Majesty's consent," etc/ read,
A'\aented to by the iieutetumt governor, out kiaaUoteed^ thtKing
in councU inithin the lime limtted by taw.
498. — Marginal note to clause 9: "electors" should be dtrteUtn.
541— First marginal note to ch. 31: « £1,000" should be £10a
542.— Ch. 88, 2d line: " fifty-eighth" should ht/if^^Mik.
565.— The year of passing cb. 8 and 9, should bel83l, instead of" 18S0.''
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